office of the senior divisional electrical engineer …

Signature of tenderer 1 Sr.DEE/TRD/NGP

Central Railway, NAGPUR DivisionElectrical Traction Distribution Organization

OFFICE OF THESENIOR DIVISIONAL ELECTRICAL ENGINEER (TRD) NAGPUR

TENDER NOTICE NO: NGP.ELECT.TRD.30.2015 dt.15.03.2016

TENDER, SCHEDULES & CONDITIONS OF CONTRACT FOR

Name of work: - Hiring of one no. truck for breakdown material, loading unloadingmaterial (TATA / Ashok Layland or similar) for SSE/TRD/AQ underthe jurisdiction of ADEE.TRD.NGP for two years.

QUANTITY As per scheduleAPPROXIMATE COST OF WORK Rs.13,59,990/-EARNEST MONEY DEPOSIT Rs.27,200/- to be

submitted in favour ofSr.DFM/NGP

DUE DATE 22.04.2016CLOSING TIME AT 15.00 HRS (AN)OPENING TIME AT 15.30 HRS (AN)

ISSUED TO M/s.

BOOK NO.

PRICE: RS. 2000 /- PER COPY (IN PERSON)RS. 2500 /- PER COPY (BY REGD. POST)

Note: ALL THE TENDERERS TO PLEASE NOTE THAT THIS BOOKLET CONTAINS 60PAGES. THIS MUST BE RETURNED INTACT. EACH PAGE OF THIS BOOKLETMUST BE INITIALED BY THE TENDERER IN TOKEN OF HAVING GONE THROUGHTHE CONTENTS OF THE RESPECTIVE PAGE. FAILURE TO DO SO WILL RESULTIN TENDER BEING DISREGARDED.


INDEX

Sr. No. Description Page nos.

PART – I 3 - 8

I Tender Notice 3

ii Documents to be submitted along with tender 4-5

iii Tender offer letter and acceptance of tender 6-7

iv Special conditions for tender document down loaded from website 8-9

PART – II 10-47

i Regulations for tenders and contracts for the guidance of contractors forelectrical works 10-13

ii Standard General Conditions of Contract 14-43iii Arbitration 44iv Agreement 45v Model form of bank guarantee bond 46-47

PART – III 48-59

I Schedule of rate and quantities 48Ii Detailed technical specification of schedule items 49Iii Special conditions of contract 50-54Iv Contractor Covenant 55-57v Proforma for financial status 58

PART – IV 59-60

i Price and payments 59-60


PART – I (i)

OPEN TENDER NOTICEOpen tenders are invited form established contractors for execution of the following work onNagpur Division of Central Railway .

Tender Notice No.NGP/ Elect/TRD/30/2015 dtd 15.03.2016

Description of work:-Hiring of one no. truck for breakdown material, loadingunloading material (TATA / Ashok Layland or similar) forSSE/TRD/AQ under the jurisdiction of ADEE.TRD.NGP fortwo years.

Tender Amount: Rs.13, 59,990/-Tender form fees: Rs.2,000/-(Rs.500/-extra charges if required by post)Earnest Money Deposit (EMD) Rs. 27,200/-Last date of Submission of tender is

22.04.2016 up to 15.00 hrs. EMD will be accepted in the form of cash with the ChiefCashier Central Railway Nagpur and original receipt must be enclosed with tender EMDcan also be paid in form of pay order, Demand draft in favour Sr.DFM/C.Rly.NGP.

Tender will be opened at 15:30 Hrs on dt.22.04.2016.Completion period 24 months.

Validity of offer 120 days. The details of tender & other relevant details will beavailable from dt.17.03.2016 at website www.cr.indianrailways.gov.in

Contact Officer: Sr. DEE/TRD/NGP. Address: Divl. Rly. Manager’s Office. CentralRailway Control Building King’s way Nagpur -440001

(Sukhvinder Singh)Sr. DEE/TRD/NGP

www.cr.indianrailways.gov.in


PART – I (ii)DOCUMENTS TO BE SUBMITTED BY THE TENDERER ALONG WITH OFFER

Following documents are to be submitted by the tenderer at the time of submitting the tendercompulsorily: -

1. Tender booklet with signature and total cost in figures as well as in words also to be quoted.2. Tenderer must fulfill the following minimum eligibility criteria by submitting authentic documents along

with the tender: -Minimum eligibility criteria:Minimum eligibility criteria; for open tender costing above 50 lacs

1 Should have completed in thelast three financial years i.e.current financial year & threeprevious financial years

At least similar single work, for a minimum value of 35%of advertisement tender value of work

2 Total contract amountreceived during the lastthree financial year in thecurrent financial year

Should be a minimum of 150 % of advertised tendervalue. Tender committee would satisfy themselves aboutthe authenticity of the certificates to produce by thetender(s) to this effect which may be an attestedcertificate from employee/client,

audited balance sheet duly certified by the ChartedAccountant etc. The details about the certificate to beaccepted n regard to the turnover may, however benotified along with the minimum eligibility criteria whileadvertising/issuing the tender notice by the competent ,authority

A) “Similar Nature of work” as mentioned above shall be as under “i) OHE WORK:

* Similar works means experience of having undertaken works of any OHE work involving PowerBlock/Traffic Block or any Railway Electrification of new lines/sidings or any work oftransmission/distribution line of Voltage equal to or more than the voltage involve in the proposedtender work. i.e. works of voltage equal to or more than 25 kV AC

ii) HIRING OF VEHICLES“Tenderers should have experience of providing commercial or passenger road vehicles on hire basis

to any Govt. or public sector organization “iii) DRPC SYSRTEM (Dynamic Reactive Power Compensation)

“Work of providing minimum DRPC for Railway’s , State electricity Boards or public sector undertaking will considered as definition of similar work “

iv) REWIRING OF TOWER WAGON:

* Similar work means the tenderer shall have experience in design ,manufacturing ,testing andcommissioning of axle drive/propeller shaft of KPC Make or tenderer should have the experience ofperiodical overhauling /repairing of axle drive/ propeller shaft of KPC Make along with havingexperience of rewiring of tower wagon & should be of the Authorized dealer of M/s KPC and havingproven credential of work carried –out POH/repairing of axle drive/ propeller shaft of KPC Makealong with rewiring of tower wagon in Indian Railway, Public sector, Government sector and havingproven record of such giving satisfactory service in the field for a minimum period of two years afterPOH/Repair.

v) FOR RELAYS:* Similar works means experience in supply, erection, installation, testing &commissioning of differenttype of numerical & static relay in existing control &relay panel installed at 25 KV electrical TSS andshould be RDSO approved firm or having authorization from RDSO LKO. Tendering firm should havevalid electrical contractor license issued from Government Authority being a work to be executed underpower block for which permit to work shall be issued by the Railway. The tender should submit thedocumentary evidence in support of the above credentials.


vi) FOR TRANSFORMERSMinimum single similar nature of work means tenderers shall have experience in designmanufacturing, testing of Traction Transformer and on approved list of RDSO as manufacturer or thetenderers should have experience of periodical overhauling of 220, 132/25 KV class 10 to 20 MVATraction Transformer and should have proven credentials of having carried out POH of 220 or 132KV class of Power Transformer any of the Railway / SEB / NTPC/ Power Grid Substation and havingproven record of such transformers giving satisfactory service in the field for the minimum period oftwo years after POH.

Vii) FOR CIRCUIT BREAKERSi) Single similar nature of works means tenderers shall have the experienced in design, manufacturing& testing of 220KV/145KV/110KV/25KV SF-6, Vacuum, MO Circuit Breaker. Or tenderers shouldhave the experienced for the periodical overhauling of 220KV/145KV/110KV/25KV SF-6, Vacuum,MO Circuit Breaker at site in Rly, MSEB, NTPC, and Power Grid Sub stations etc.

ii) Tenderers participating in overhauling of CB / BM shall have the capacity for evacuation & refilling ofgas in CB or interrupter and testing of CB / BM at site after POH as per the RDSO guidelines.

viii) FOR AUXILIARY TRANSFORMERS:Minimum single similar nature of work means Tenderer shall have experience in designmanufacturing, testing of Auxiliary Transformer and on approved list of RDSO as manufacturer or theTenderer should have experience of periodical overhauling / repairing of 10//50/100KVA, 25KV/230volt Auxiliary Transformer and should have proven credentials of having carried out POH / repairingof 10/50/100KVA, 25KV/230 volt Auxiliary Transformer any of the Railway / Public sector,undertaking Ltd., Companies and having proven record of such transformers giving satisfactoryservice in the field for the minimum period of two years after POH / repair.

3. Valid EMD as stated in scope of work and special conditions.

4. Following documents will be relied upon for working out the total contractual amount received bythe tenderer –

(a) Attested copy of Annual Income tax returns filed with Income Tax Department.(b) Attested copy of Tax deducted at Source (TDS) certificates.(c) Audited balance sheet duly certified by Chartered Accountant.(d) Attested Certificates from employer/Clients about contractual payment received for the work

done.

5. Current ongoing Works in hand with Railways and with other organizations, Government, semi-Government and private along with their costs.

6. The power of attorney in the name of the person authorized to do all correspondence related to workalong with resolution passed by the Board of Director, affidavit stating that the tenderer is the soleproprietor of the said firm in case of proprietary firm. The power of attorney should be on stamp paperworth Rs. 100/- and should be registered with notary. (Same should be got vetted by Railway’s lawdepartment).

7. Tenderers are requested to submit his postal address for correspondence telephone number(mandatory) and mobile number (if any) and fax number (if any) with the offer.

8. Tenderer are requested to submit the PAN card no. also.

9. Tenderers are requested to submit tender booklet cost in the form of Demand draft/Bankers chequeonly in the favour of Sr DFM/C. Rly. NGP.

NOTE :- All the tenderers are requested to submit the above said documents with the tender specificallyexperience in the similar type of work though the tenderer is working contractor of Railways.


PART – I (iii)TENDER OFFER LETTER

To,The President of India,Acting through the Sr. Divisional Electrical Engineer (TRD),Central Railway, Nagpur

1. I / We _____________________________________________________________ have readthe various conditions of tender attached hereto and hereby agree to abide by the said condition.I / We also agree to keep this tender open for acceptance for a period of _______________ daysfrom the date fixed for opening the same and in default there of I / We will be liable I/ We offer todo the work for___________________________________________________________________________________ at the rates quoted in the attached schedule and here by find myself/ Our selves tocomplete the work in ______________________________________months from the date ofissue of letter of acceptance of the tender. I / We also here by agree to abide by the General andSpecial Conditions of contract and to carryout the work according to the specifications materialsand works laid down by the Railway for the present contract.

A sum of Rs. - is here with so forwarded as Earnest Money.The full value of the Earnest Money shall stand forfeited with out prejudice to my other rights orremedies if.I / We do not commence the work within fifteen days after receipt of orders to that effect.Until a formal agreement is prepared and executed, acceptance of this tender shall constitute abinding contract between us subject to modification as may be mutually agreed to between usand indicated in the letter of acceptance of my / our offer for this work.Contractor’s address._____________________________

_____________________________

_____________________________

----------------------------------Sign. of Contractor (s)

Date: ------------------------

Sign of witnesses:-

1) ---------------------------------

2) ---------------------------------


ACCEPTANCE OF TENDER

I accept the Tender quoted by M/s. ___________________________________________________asagreed to pay a sum of Rs. _______________________________________________________. Asper rates and quantities quoted by the above firm.

Sr. Divisional Electrical Engineer (TRD)Central Railway, Nagpur

For and on behalf of the President of India,

Date: __________________

Witness :

1. __________________________________

2. ___________________________________


PART – I (iv)SPECIAL CONDITIONS FOR TENDER DOCUMENT DOWNLOADED FROM WEBSITE

1. These additional special conditions are applicable to tender document and considered as part of it,which is downloaded from internet/website.

2. Tenderers may note that permitting of downloading of tender document is an added facility forconvenience of Tenderer/s. Railways, however, reserves right to extend this facility for selectedworks or continue only with direct sale of tender forms. In case, tender document is not uploaded onwebsite or download failure or delay or incomplete document downloaded, whatsoever, Railwayshall not be responsible in anyway. Railway shall not be responsible for any direct/indirect loss ofbusiness/profit resulting from inability to use this facility.

3. The Tenderer/s shall download & print the Tender document solely for the purpose of bidding forabove work and downloaded document shall not be used, copied or reproduced for any otherpurpose.

4. The "End of Tender Document" marker indicates end of tender document. Tenderer/s shouldcarefully see that above marker appears on the last page of downloaded tender document to ensurethat downloaded document is complete. Tenderer is suggested to check the integrity andcompleteness of document before submission.

5. The tender document downloaded from website though does not bear signature of Rly authority shallhave same authority as having directly purchased from Rly office. Tenderers while submitting hisoffer must sign all pages of tender document.

6. The downloaded and printed tender document along with the various other documents should besubmitted as per details mentioned in tender document. The Tenderer should clearly write on maintender cover and also on the top of sealed cover "Tender documents downloaded from website".

7. The Tenderer/s are required to pay non-refundable cost of tender document in the form prescribed intender notice while submitting their offer. In case they fail to furnish the requisite cost of tenderdocument in prescribed form, their offer shall be rejected. The cost of EMD shall not be merged withcost of tender form and shall be separately furnished.

8. The Tenderer/s shall maintain the integrity of downloaded tender document and shall not make anychange/addition/deletion/tampering, whatsoever, in the downloaded documents. The Tenderer/soffer shall be rejected and full earnest money shall be forfeited, in case it is detected aftersubmission of offer, that they have made any modification in downloaded documents. In case suchmodification is noticed even after award of contract, Rly is liable to terminate the contract oncontractor's default. In addition Railway reserves the right to take action against the firm as deemedfit, which may include Banning of Business Dealings with the firm and the firm is also liable to beprosecuted as per the law. After award of work agreement will be prepared based on the mastercopy of tender document available in the Railway's office. In case, any discrepancy is noted in tenderdocument submitted by Tenderer, the Master document kept with Rly shall prevail and decision ofRly thereon shall be final and binding on Tenderer/Contractor.

9. Tenderer/s shall print the tender document on good quality A4 size papers of thickness 75 GSM orabove and printed document shall be clearly legible. The document shall be properly bound andpage numbers shall be in serial order as mentioned in downloaded documents. The Tenderer/s shallnot be reimbursed with the cost of stationery, printing and binding etc. Offer of Tenderer/s is liable tobe rejected by Railway, if tender document is not printed or bound as per above instructions. FurtherTenderer shall bear expenses of Internet connection and telephone charges, if any for downloadingof tender document.

10. The Tenderer/s shall keep themselves updated about any modification in tender notice and tenderdocument, issued by Railway through newspapers, website or E-mail or any other means and shallact accordingly. It is the responsibility of the Tenderer to check any correction or any modificationspublished subsequently in Web site and the same shall taken into account while submitting thetender. Tenderers' offer is liable to be rejected if they have not enclosed all the


corrections/corrigendum along with downloaded tender documents.

11. The "Additional Special Conditions for Tender Document downloaded from Website" must be signedby the Tenderer and enclosed along with the Tender document failing which the tender is liable to berejected.

12. The following declaration should be given by the Tenderer while submitting the tender :-

Declaration

l/ We have downloaded the tender document from the websitewww.cr.indianrailways.gov.in . I/We have not tampered/modified the tender forms in any manner. Incase the document is found to be tampered/modified, I/We understand that my/our tender is liable to berejected and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doingbusiness with Railways and/or prosecuted.

Signature of Tenderer

*****

www.cr.indianrailways.gov.in


PART – II (i)REGULATIONS FOR TENDERS AND CONTRACTS FOR THE GUIDANCE OF CONTRACTORS FOR

ELECTRICAL WORKS1. In these regulations for Tenders and contract the following terms shall have the definitions

meanings assigned here under except where the content other – wise required.a) “ Railway ” shall means the president of the Republic of India or the Administrative Officer of

the Central Railway or of the successor Railway authorized to deal with any matter, whichthese presents are concerned on him behalf.

b) “ General Manager ” shall mean the officer in administrative charge of the whole of Railwayand shall mean and include the General Manager of the successor Railway.

c) “ Chief Electrical Engineer ” shall mean the officer In charge of the Electrical Depot of CentralRailway and shall also include Engineers of Zonal Railway.

d) “ Engineer ” shall mean the Senior Divisional Electrical Engineer executive charge of theworks and shall include the supervisor officers of the Electrical Depot. Of the Central Railwayand also include the Engineers of the successor Railway.

e) “Engineers Representative” shall mean the Divisional Electrical Engineer in direct In chargeof the works and shall include any Inspector the Electrical Engineering Depot. The appointedby the Central Railway and shall mean and include the Engineer’s Representative of thesuccessor Railway.

f) “Contractors” shall mean the person, firm or company whether incorporated or not whoenters into the contract with the Railway and shall include their executors, administrators,successors and permitted administrators successors and permitted assigns.

g) Divisional Railway Manager shall mean the Administrative Officer In charge of a Divisional ofCentral Railway for the time being and shall mean and include the Divisional RailwayManager of the successors Railway.

h) “ Tenderer ” shall mean the persons. The firm or company who tenders for the works with aview to execute the works on contract with the Railway and shall include their personalrepresentative, successors and permitted assigns.

i) “Works” shall mean the works contemplated in the schedule set forth in the tender forms anddescription of contract and required to be executed according to specifications.

j) “ Specification ” shall means the specific materials and works on Central Railway issuedunder authority of the Senior Divisional Electrical Engineer (TD) added to or superseded bySpecial specifications. If any append to the Tender forms.

k) “Drawing” shall means the drawing planned, tracings of prints thereof annexed to the Tenderform, if any.

2. Words importing the singular number shall also include the plural and vice-verse where thecontext required.

3. These regulations for tenders and contracts shall be read in conjunction with the General conditionsof the contract which are referred to herein and shall be subject to modification, additions orsupervision by special conditions of contract and/or special specifications if any annexed to theTender forms.A contractor who has not carried out any work so far on this Railway should furnish particularsregarding credentials.a) His position as an independent contractor.b) His capacity to under takes and carry out the works satisfactorily as watched by responsible

officials or firm.c) His previous experience on works similar to that to be contracted for a proof of which original

certificate or testimonials may be called for and their genuineness certified if need be referredto the signatories thereof.

d) His acknowledgement form signed personally or by competent person duly authorized.e) His financial position.

Should a tenderer find discrepancies or, commissions in the drawing or any of the tender formsor should be in doubt as to their meaning, he should at once notify the authority inviting tenders who maysend a written instructions to all tenderers. It shall be under-stood that every endeavor has been made toavoid any error which can materially affect the basis of the tender and the successful tenderer shall takenup on himself and provided for the risk of any error which may subsequently be discovered and shallmake no subsequent claims or account thereof.


The Tenderer shall be required to deposit a Sum of Rs.27,200/- (Rupees twenty seven thousandtwo hundred only ) towards the earnest money with the tender, the Railway shall not responsible forany loss or depreciation that may happen there to while in their possession nor be liable to pay interestthereon. EMD of successful contractor, shall be returned only after the receipt of security deposit, Earnestmoney can be deposited in cash with the Chief Cashier Central Railway Nagpur and original receipt mustbe enclosed with tender EMD can also be paid in form of pay order, Demand draft in favour of Sr.Divisional Finance Manager, Central Railway, Nagpur or any other manner acceptable to Railways as laiddown in the General conditions of contract amended time to time. Any tender without EMD or improperEMD shall be summarily rejected.

The Tenderer shall keep the offer open for a minimum period of 120 days from the date ofopening of the tender within which period the tenderer can not with – draw his offer, subject to the periodbeing extended further if required by the mutual agreement from time to time. Any contravention of theabove conditions will make the tenderer liable for forfeiture of his earnest money.

The Tender shall hold the offer open till such date as may be specified in the tender. It isunderstood that the tender documents have been sold/issued to the tenderer in consideration of thestipulation on his part that after submission of his tender, he will not resale from his offer or modify theterms and conditions there of in a manner not acceptable to the Sr. Divisional Electrical Engineer/NGP orthe Central Railway should the tenderer fail to observe or comply with the fore-going stipulation, theamount deposited as EARNEST MONEY for the due performance of the above stipulation shall beforfeited to the Railway. The earnest money of the unsuccessful tenderers shall be returned but theRailway shall not be responsible for any loss or depreciation that may happened to keep the offer openfor the period specified in the tender documents or to the earnest money while in their possession, nor beliable to pay interest thereon.

If a tenderer expires after the submission of his tender or after the acceptance of his tender, theRailway shall deem such tender as cancelled. If a partner of a firm expires after the submission of theirtender or after the acceptance of their tender, the Railway shall deem such tender as cancelled unlessthe firm retains its character.

The Earnest money taken is for the due performance of the tender bid, shall be refunded to theunsuccessful tenderer(s) within a reasonable time. The Earnest money deposited by the successfultenderer/tenderers shall be forfeited if the contractor fails/contractors fail to execute the agreement bondand start the work within a reasonable time (to be determined by Engineering In-charge) after notificationof the acceptance of his/their tender.

Tender must be enclosed in sealed covers and must be sent by registered post to the address ofSr.Divisional Electrical Engineer (TRD), Central Railway, Nagpur, so as to reach his office not later than15.00 hrs on 22.04.2016 or deposited in the special / box allotted for the purpose in the office of theabove. Tenders shall be opened at 15.30 hrs on the same day or due to unforeseen circumstances canbe opened on next working day. Those who wish to attend may do so.

At the advertised time and place, a Tender committee shall open tenders received for a contract.The terms of tenders and rates tendered by them would be read out in the presence of the intendingcontractors or their agents as may attend.

The Railway reserve the right of not to accept tenders for any work or works, or in part or rejectany tender or all tenders without assigning reasons for any such action.

Tenders containing ensures and alterations of the tender documents are liable to be rejected. Hemust attest any corrections made by the tenderer(s) in his/their entries.

If the tenderer deliberately gives/tenders wrong information on his/their tender orcreates/created/creates circumstances for the acceptance of his/their tender, the Railway reserve theright to reject such tender at any stage.

The works are required to be carried out to the satisfaction of Railways.


Before submitting a tender, the tenderer will be deemed to have satisfied himself by actualinspection of the site and locality of the works, that all conditions liable to be encountered during theexecution of the works are taken into account and total cost of work entered in the tender forms is/areadequate and all inclusive.

When the work is tendered for a firm or company of contractors shall sign the tender signed bythe individual legally authorized to enter into commitments on their behalf.

The Railways will not be bound by any power of attorney granted by the tenderer or by change inthe composition of the firm made subsequently to the execution of the contract. It may however,recognize such power of attorney and change after obtaining proper legal advise, the cost of which will bechargeable to the contractor.

Should a tenderer be retired Engineer of the Gazetted rank or any other Gazetted Officer workingbefore his retirement whether in the Executive/or Administrative capacity or whether holding apensionable post or not, in the electrical Deptt of any of the Railways owned and administered by thepresident of India for the time being or should a tenderer being partnership from have in his employmentany retired engineer, or retired Gaz. officer as aforesaid the full information as to the date of retirement ofsuch Engineer or Gaz. officer from the said service and in cases where such Engineer or officer had notretired from Govt. Services at least two years prior to the date of submission of the tender as to whetherpermission for taking such contract is the contractor has been obtained by the tenderer or the Engineer orthe officer as the case may be or to employment under contractor, has been obtained by the tenderer orthe engineer or the officer as the case may be from the President of India or any officer duly authorizedby him in his behalf, shall be clearly settled in writing at the time of submission of the tender. Tenderwithout the information above referred to or statement to the officer is not associated with the tenderer, asthe case they shall be rejected.

Should a tenderer or contractor being individual on the list of approved contractors, have arelative employed in Gazetted capacity in the Electrical Depot of Central Railway, or in the case ofpartnership firm or Co. incorporated under the Indian Co. law should partner or a relative or the partner ora share holder or a relative of a share holder be employed in Gaz. capacity in the Electrical Depot of theCentral Rly. the authority inviting tenders shall be informed of the fact at the time of submission oftenders, failing which the tender may be rejected or if such fact, subsequently come to light the contractmay be rescinded in accordance with the provision of Clause 62 of the general condition of contract.

Should the Railway decide to negotiate with a view to bring down the rates, the original offer willbe binding in case nothing materializes out of the negotiations.

The Railways shall not supply from its own quota to the contractors, controlled or importedcommodities. Assistance will however, be given by recommending to appropriate authorities contractor’sapplications for issue of import licensee and release of controlled commodities if the engineer is satisfiedthat the materials is actually required by the contractors for carrying out the work and is not available inthe country.

Standard General Conditions of contract modified time to time, here to annexed shall beconsidered to be part of this tender books and are applicable to work tendered.

Scope of work, specification, explanatory notes, price schedules, terms & conditions annexed orreferred shall be considered part of this tender book and are applicable to the tendered work.

The special conditions supplement the standard General conditions of Tenders and contract. Thenotes appearing under the relevant chapter and sub chapters should be considered part of the contract,and are applicable to the tendered work, where the provision of these conditions are at variance with theGeneral conditions of the contract. These special conditions and notes shall prevail.

The quantity shown in the attached schedule is given as guide and approximate only and aresubject to variation.

The offerer shall quote for the complete with incomplete offer shall be rejected.


Each contractor shall fill in, the appropriate place on page 6 of the tender document, the periodwithin which he under-take to complete the work and return the same duly signed, stamped.

Non-compliance with any of the condition got forth therein above is liable to result in the tenderbeing rejected.

For any clarifications and, if the offerer wish to inspect the site, Sr. Divisional Electrical Engineer(TRD), Central Railway, Nagpur can be contacted.

I have read, under-stood all the terms and conditions of contract and I shall abide by the saidterms /conditions.

Tenderer’s Signature

Sr. Divisional Electrical Engineer (TRD),Central Railway, Nagpur

For and on behalf of President of India


PART – II (ii)STANDARD GENERAL CONDITIONS OF CONTRACT

(DEFINITIONS AND INTERPRETATION)1. (1) Definition: - In these General Conditions of Contract, the following terms shall have the

meaning assigned hereunder except where the context otherwise requires:(a) “Railway” shall mean the President of the Republic of India or the Administrative Officers of the

Railway or of the Successor Railway authorized to deal with any matters, which these presentsare concerned on his behalf.

(b) “General Manager” shall mean the Officer in-charge of the General Superintendence and Controlof the Railway and shall also include the Additional General Manager and shall mean and includetheir successors, of the successor Railway.

(c) “Chief Electrical Engineer” shall mean the Officer in-charge of the Electrical EngineeringDepartment of Railway and shall also include Chief Electrical Engineer (Construction), includehis successor.

(d) “Divisional Railway Manager” shall mean the Officer in-charge of a Division of the Railway andshall mean and include the Divisional Railway Manager of the Successor Railway.

(e) “Engineer” shall mean the Senior Divisional Electrical Engineer or the Divisional ElectricalEngineer and shall mean and include the Engineer of the Successor Railway.

(f) “Engineer’s Representative” shall mean the Assistant Electrical Engineer in direct charge of theworks and shall include any SSE/SE/JE of Electrical Engineering Department appointed by theCentral Railway and shall mean and include the Engineer’s Representative of the SuccessorRailway.

(g) “Contractor” shall mean the Person/Firm or Company whether incorporated or not who entersinto the contract with the Railway and shall include their executors, administrators, successorsand permitted assigns.

(h) “Contractor” shall mean and include the Agreement of Work Order, the accepted schedule ofrates of the Schedule or Rates of Central Railway modified by the tender percentage for items ofworks quantified, or not quantified, the General Conditions of Contract the special conditions ofcontracts if any, the drawing, the specifications, the special specifications, if any, and tenderforms, if any.

(i) “Works” shall mean the works to be executed in accordance with the contract.(j) “Specifications” shall mean the Standard specifications for materials and works of Central

Railway issued under the authority of the Chief Electrical Engineer or as amplified, added to orsuperseded by special specifications, if any.

(k) “Schedule of Rates Central Railway” shall mean the schedule of Rates issued under the authorityof the Chief Electrical Engineer from time to time.

(l) “Drawing” shall mean the maps, drawings, plans and tracings or prints thereof annexed to thecontract and shall include any modifications of such drawings and the Engineer may issue furtherdrawings as from time to time.

(m) “Constructional Plant” shall mean all appliances or things of whatsoever nature required for theexecution, completion or maintenance of the works or temporary works (as hereinafter defined)but does not include materials or other things intended to form or forming part of the permanentwork.

(n) “Temporary Works” shall mean all temporary works of every kind required for the executioncompletion and/or maintenance of the works.

(o) “Site” shall mean the lands and other places on, under, in or through which the works are to becarried out and any other lands or places provided by the Railway for the purpose of the contract.

(p) “Period of Maintenance” shall mean the specified period of maintenance from the date ofcompletion of the works as certified by the Engineer.

(2) Singular and Plural: - Words importing the singular number shall also include the plural and viceversa where the context requires.

(3) Headings and marginal headings: - The headings and marginal headings in these generalconditions are solely for the purpose of facilitating reference and shall not be deemed to be partthereof or be taken into consideration in the interpretation or construction thereof or the contract.


2. General obligations: -(i) Execution co-relation and intent of Contract Documents: - the Railway and the contractor signThe contract documents in four copies. The contract documents are complementary, and what iscalled for by any one shall be as binding as if called for by all, the intention of the documents is toinclude all labour and materials, equipments and transportation necessary for the proper executionof work. The Railway to the contractors shall not supply material specifications unless distinctlyspecified in the contract documents. Materials or works described in words which so applied have awell known technical or trade meaning shall be refer to such recognized standards and specificationof Indian Standard.(ii) If a work is transferred from the jurisdiction of one Railway to another Railway or to a Projectauthority or vice versa while contract is in substance, the contract shall be binding on the contractorand the Successor Railway/Project in the same manner and take effect in all respect as if thecontractor and the successor Railway/Project were parties thereto from the inception and thecorresponding officer or the competent authority in the successor Railway/Project will exercise thesame powers and enjoy the same authority as conferred to the Predecessor Railway/Project underthe original contract/agreement entered into.(iii) If for administrative or other reasons the contract is transferred to the Successor Railway thecontract shall not with standing anything contained herein contrary there to, be binding on thecontractor and the Successor Railway in the same manner and take effect in all respect as of thecontractor and the Successor Railway had been parties thereto from the date of this contract.

3. (i) Law governing the contract :- The contract shall be governed by the law for the time being inforce in the Republic of India.(ii) Compliance to regulations and bye-laws :- The contractor shall conform to the provision ofany statute relating to the works and regulations and bye-laws of any local authority and of any waterand lighting companies or undertakings, with whose system the work is proposed to be connectedand shall before making any variation from the drawings or the specifications that may benecessitated by so confirming give to the Engineer notice specifying the variation proposed to bemade and the reason for making the variation and shall not carry out such variation until he hasreceived instructions from the Engineer in respect thereof. The contractor shall be bound to give allnotices required by stature, regulations or bye-laws as aforesaid and to pay all fees and taxespayable to any authority in respect thereof.

4. Communications to be in writing :- All notices, communications, reference and complaints madeby the Railway or the Engineer or the Engineer’s Representative or the contractor concerning theworks shall be in writing and no notice, communication, reference or complaint not in writing shall berecognized.

5. Service of Notices on Contractors :- The contractor shall furnish to the Engineer the name,designation and address of his authorized agent and all complaints, notices, communications andreferences shall be deemed to have been duly given to the contractor, if delivered to the contractoror his authorised agent or left at or posted to the address so given and shall be deemed to havebeen so given in the case of posting on day on which they would have reached such address in theordinary course of post or on the day on which they were so delivered or left. In the case of contractby partners, the contractor to the Engineer shall forthwith notify any change in the constitution of thefirm.

6. Occupation and use of land: - the contractor without permission of the Railway shall occupy Noland belonging to or in the possession of the Railway. The contractor shall not use, or allowed to beused, the site for any purposes other than that of executing the works.

7. Assignment or subletting of contract: - The contractor shall not assign or sublet the contract orany part thereof or allow any person to become interested therein any manner whatsoever withoutthe special permission in writing of the Railway. Any breach of this condition shall entitle the Railwayto rescind the contract under clause 62 of General Conditions and also render the contractor liablefor payment to the Railway in respect of any loss or damage arising or ensuring from suchcancellation. Provided always that execution of the details of the work by petty


contractor under the direct and personal supervision of the contractor or his agent shall not bedeemed to be sub-letting under this clause. The permitted subletting of work by the contractor shallnot establish any contractual relationship between the sub-contractor and the Railway and shall notrelieve the contractor of any responsibility under the contract.

8. Assistance by the Railway for the Stores to be obtained by the Contractor :- Owing to difficultyin obtaining certain materials (including Tools & Plant) in the market, the Railway may have agreedwithout any liability therefore to endeavor to obtain or assist the Contractor in obtaining the requiredquantities of such materials as may be specified in the Tender. In the event of delay or failure inobtaining the required quantities of the aforesaid material the Contractor shall not be deemedabsolved of his own responsibility and shall keep in touch with the day to day position regarding theiravailability and accordingly adjust progress of works including employment of labour and the Railwayshall not in any way be liable for the supply of materials or for the non supply thereof for any reasonswhatsoever nor for any loss or damage arising in consequence of such delay or non supply.

9. Railway Passes: - No free Railway passes shall be issued by the Railway to the Contractor or anyof his employee/worker.

10. Carriage of materials: - No forwarding orders shall be issued by the Railway for the conveyance ofContractor’s materials, tools and plant by Rail which may be required for use in the works and thecontractor shall pay full freight charges at public tariff rates therefore.

11. Use of ballast trains: - Deleted.

12. Representation of works :- The Contractor shall, when he is not personally present on the site ofthe works place and keep a responsible agent at the works during working hours who shall onreceiving reasonable notice, present himself to the Engineer and orders given by the Engineer or theEngineer’s representative to the agent shall be deemed to have the same force as if they had beengiven to the Contractor. Before absenting himself, the Contractor shall furnish the name and addressof his agent for the purpose of this clause and failure on the part of the Contractor to comply with thisprovision at any time will entitle the Railway to rescind the contract under clause 62 of theseconditions.

13. Relics and Treasures: - All gold, silver, oil and other minerals of any description and all preciousstones, coins, treasures relics antiquities and other similar things which shall be found in or upon thesite shall be the property of the Railway and the Contractor shall duly preserve the same to thesatisfaction of the Railway and shall from time to time deliver the same to such person or persons asthe Railway may appoint to receive the same.

14. Excavated material :- The Contractor shall not sell or otherwise dispose of or remove except for thepurpose of this contract, the sand, stone, clay ballast, earth, rock or other substances or materialswhich may be obtained from any excavation made for the purpose of the works or any building orproduced upon the site at the time of delivery of the possession thereof but all the substances,materials, buildings and produce shall be the property of the Railway provided that the Contractormay, with the permission of the Engineer, use the same for the purpose of the works either free ofcost or pay the cost of the same at such rates as may be determined by the Engineer.

15. Indemnity by Contractors: - The Contractor shall indemnify and save harmless the Railway fromand against all actions, suit proceedings losses, costs, damages, charges, claims and demands ofevery nature and description brought or recovered against the Railways by reason of any act oromission of the Contractor, his agents or employees, in the execution of the works or in his guardingof the same. All sums payable by way of compensation under any of these conditions shall beconsidered as reasonable compensation to be applied to the actual loss or damage sustained andwhether or not any damage shall have been sustained.


16. (i) Earnest Money :-i. The tenderer shall be required to deposit earnest money with the tender for the due performance

with the stipulation to keep the offer open till such date as specified in the tender, under theconditions of tender. The earnest money shall beas given below and the earnest money shall be rounded to the nearest Rs. 10/-. This earnest moneyshall be applicable for all modes of tendering.

Value of the work(Tender value)

EMD

For works estimated to cost up toRs.1 crore.

2% of the estimated cost of the work

For works estimated to cost morethan Rs.1 crore.

Rs 2 lakes + ½ %(half percent) of the excess ofestimated cost of the work beyond Rs. 1 crore subject toa maximum of Rs.1 crore.

ii. It shall be understood that the tender documents have been sold/issued to the tenderer and thetenderer is permitted to tender in consideration of stipulation on his part, that after submitting histender he will not resale from his offer or modify the terms and conditions thereof in a manner notacceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation,the aforesaid amount shall be liable to be forfeited to the Railway.

iii. If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained aspart security for the due and faithful fulfillment of the contract in terms of clause 16 of the GeneralConditions of Contract. The Earnest money of other tenders, shall save as herein before provided,be returned to them, but the Railway shall not be responsible for any loss or depreciation that mayhappen thereto while in their possession, nor be liable to pay interest thereon.

The earnest money should be in cash or in any of the following forms: -(a) EMD will be accepted in the form of cash with the Chief Cashier Central Railway Nagpur and originalreceipt must be enclosed with tender .EMD can also be paid in form of pay order, Demand draft in favourSr.DFM/C.Rly. NGP. These forms of earnest money could be either of the State Bank of India or of anyof the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary.

(ii) Security deposit: -

(a) The Earnest Money deposited by the contractor with his tender will be retained by the Railways aspart of security for the due and faithful fulfillment of contract by the contractor. The balance to make upthe Security deposit, the rates for which are given below, may be deposited by the contractor in cash ormay be recovered by percentage deduction from the Contractor’s “ on account” bills. Provided also that incase of defaulting contractor the Railway may retain any amount due for payment to the contractor on thepending “on account bills” so that the amounts so retained may not exceed 10% of the total value ofcontract.

(b) Unless otherwise specified in the special conditions, if any the Security deposit/rate of recovery/modeof recovery shall be as under: -

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

recovered.(c) Security deposit will be recovered only from the running bill of the contract and no other mode of

collecting SD such as SD in the firm of instruments like BG, FD etc. shall be accepted towards theSecurity deposit.

Security deposit shall be returned to the contractor only after the expiry of the maintenance period andafter passing the final bill based on “No claim certificate. The Competent authority shall normally be theauthority that is competent to sign the contract. If this competent authority is of the rank lower than JAgrade, then a JA grade officer (concerned with the work) should issue the certificate.

© No interest will be payable upon the Earnest money and Security deposit or amounts payable to thecontractor under the contract, but Government Securities deposited in terms of Sub-Clause (1) of thisclause will be payable with interest accrued thereon.


(iii) Performance Guarantee (PG): - (Revised clause 16/4 to Indian Railway General conditionContract (reference item No. 1 to Rly Board’s letter No. 2007/CE/CT/18 PT xii Dated31.12.2010

The procedure for obtaining Performance Guarantee is outlined below:

a) The successful bidder shall have to submit a performance guarantee (PG) within 30(thirty) days fromthe day of issue of Letter Of Acceptance (LOA). Extension of time for submission of PG beyond30(thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who iscompetent to sign the contract agreement. However, a penal interest of 15% per annum shall bechargered for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA .Incase 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 thatcontract. The failed contractor shall be debarred from participating in re-tender for that work.

b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms ,amounting to 5% of the contract value:(i) A deposit of cash;(ii) Irrevocable Bank Guarantee:(iii) Government Securities including State Loan Bonds at 5% below the market value:(iv) Deposit Receipts , Pay Orders , Demand Drafts and Guarantee Bonds .These forms of

performance Guarantee could be either of the state Bank Of India or of any of the NationalizedBanks;

(v) Guarantee Bonds executed or deposits Receipts tendered by all Schedule Banks;(vi) A deposit in the post Office Saving Bank;(vii) A deposit in the National Savings Certificates ;(viii) Twelve years National defence saving 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 favor of FA & CAO (free from any encumbrance) may be accepted.

NOTE: - The instruments as listed above will also be accepted for Guarantees in case of MobilizationAdvance.

c) The performance guarantee shall be submitted by the successful bidder after the letter of acceptancehas been issued, but before signing of the agreement. The agreement should normally be signedwithin fifteen days after the issue of LOA and the performance guarantee shall be submitted withinthis time limit. The guarantee shall be initially valid up to the stipulated date of completion plus 60days beyond that. In case the time of completion of work gets extended, the contractor shall get thevalidity of performance guarantee extended to cover such extended time for completion of work plus60 days.

d) The value of PG to be submitted by the contractor will not change for variationupto 25% (either increase or decrease).In case during the course of execution ,value of the contractincreases by more than 25% of the original contact value ,an additional Performance guaranteeamounting to 5% (Five percent) for the excess value over the original contract value shall bedeposited by the contractor.

e) The performance guarantee (PG) shall be released after the physical completion of work based on theconverted ‘completion certificate’ issued by the competent authority stating that the contractor hascompleted the work in all respect satisfactorily. A security deposit, however, shall be released onlyafter the expiry of the maintenance period and after passing the final bill based on ‘no claimcertificate’.

f) Wherever the contract is rescinded, the security deposit shall be forfeited and the performanceguarantee shall be encashed and the balance work shall be got done independently without risk andcost of the field contractor. The field contractor shall be debarred from the participating in the tenderfor the executing the balance work. If the failed contractor JV or a partnership firm, then every


member/ partner of a such firm shall be debarred from the participating in the tender for the balancework either in his/ for individual capacity or as a partner of any other JV/ partnership firm.

g) The engineer shall not make a claim under the performance guarantee except for amount to which thepresident of India is entitle under the contract (not with standing and/or without prejudice to any otherprovision in the contract agreement) in the event of:i) Failure by the contractor to extend the validity of the performance guarantee as described hereinabove, 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 thecontractor or determined under any of the clause/ conditions of the agreement, within 30 days of theservice of notice to this effect by engineer.iii) The contract being determined or rescinded under provision of the GCC the performanceguarantee shall be fore fitted in full and shall be absolutely at the disposal of the President of India.

17. Force major :- If at any time during the continuance of this contract, the performance, in whole or inpart, by either party, or any obligation under this contract shall be prevented or delayed by reason of anywar, hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, earth quake, explosions,epidemics, quarantine restrictions, strikes lock-outs, any statute, statutory rules, regulations, order orrequisitions issued by any government department or competent authority or acts of God (there-in-afterreferred to as "event") then provided, notice of the happening of any such event is given by eitherparty to the other within 21 days from the date of occurrence thereof neither party shall be reason ofsuch event by entitled to terminate this contract nor shall either party have any claim for damagesagainst the other in respect of such non-performance or delay in performance and the obligations underthe contract shall be resumed as soon as practicable after such event has come to an end or ceased toexist, PROVIDED FURTHER that if the performance in whole or part of any obligation under this contractis prevented or delayed by reason of any such event beyond the period as mutually agreed to by therailway and the contractor after any event or 60 days in the absence of such agreement which ever ismore, either party may at its option terminate the contract, provided also that if the contract is soterminated under this clause, the railway will at the time of such termination take over

from the contractor, at prices as provided for in the contract all erected equipment or equipment undererection as also all or any portion of un-used, un-damaged and acceptable equipments whether storageor in the course in the manufacturer at schedule rates or at prices mutually agreed to, where schedulerates are not available.17 – A :- Subject to any requirement in the contract as to completion of any portions or portions of theworks before completion of the whole, the contractor shall fully and finally complete the whole of theworks comprised in the contract (with such modifications as may be directed under conditions of thiscontact) by the date entered in the contract or extended date in terms of the following clauses:-(i) If any modifications have been ordered which in the opinion of the Engineer have materially increasedthe magnitude of the work, then such extension of the contracted date of completion may be granted asshall appear to the Engineer to be reasonable in the circumstances, provided moreover that theContractor shall be responsible for requesting such extension of the date as may be considerednecessary as soon as the cause thereof shall arise and in any case not less that one month before theexpiry of the date fixed for completion of the works.(ii) If in the opinion of the Engineer, the progress of work has any time been delayed by any act or neglectof Railway’s employees or by other contractor employed by the Railway under sub-clause (4) of clause 20of General Conditions or in executing the work not forming part of the contract but on which contractor’sperformance necessarily depends or by reason of proceeding taken or threatened by or dispute withadjoining or to neighboring owners or public authority arising otherwise through the contractor’s owndefault etc. or by the delay authorized by the Engineer pending arbitration or in consequences of thecontractor not having received in due time necessary instructions from the Railway for which he shallhave specially applied in writing to the Engineer or his authorized representative then upon happening ofany such event causing delay, the contractor shall immediately give notice thereof in writing to theEngineer within 15 days of such happening but shall nevertheless make constantly his best endeavors tobeing down or make good the delay and shall do all that may be reasonably required of him to thesatisfaction of the Engineer to proceed with the works. The contractor may also indicate the period forwhich the work is likely to be delayed and shall be bound to ask for necessary extension of time. The


Engineer on receipt of such request from the contractor shall consider the same and shall grant suchextension of time as in his opinion is reasonable having regard to the nature and period of delay and thetype and quantum of work affected thereby. No other compensation shall be payable for works so carriedforward to the extended period of time, the same rates, terms and conditions of contract being applicableas if such extended period of time was originally provided in the original contract itself.(iii) In the event of any failure or delay by the Railway to hand over the Contractor possession of the landsnecessary for the execution of the works or to give the necessary notice to commence the works or toprovide the necessary drawings or instructions or any other delay caused by the Railway due to any othercause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter thecontractor thereof or entitle the contractor to damages or compensation thereof but in any such case, theRailway may grant such extension or extensions of the completion date as may be consideredreasonable.17 -B Extension of time for delay due to Contractor: - The time for the execution of the work or partof the works specified in the contract documents shall be deemed to be the essence of the contract andthe works must be completed not later than the date(s) as specified in the contract. If the contractor failsto complete the works within the time as specified in the contract for the reasons other than the reasonsspecified in clause 17 and 17-A, the Railway may, if satisfied that the works can be completed by thecontractor within reasonable short time thereafter, allow the contractor for further extension of time as theEngineer may decide. On such extension the Railway will be entitled without prejudice to any other rightand remedy available on that behalf, to recover from the contractor as agreed damages and not by way ofpenalty a sum equivalent to 1/2 of 1% of the contract value of the works for each week or part of the weeksubject to maximum 10% of the contract value as per extent rule.For the purpose of this clause, the contract value of the works shall be taken as value of work as percontract agreement including any supplementary work order/contractagreement issued. Provided also, that the total amount of liquidated damages under this condition, shallnot exceed the under noted percentage value or of the total value of the item or groups of items of workfor which a separate distinct completion period is specified in the contract.

i) For contract value up to Rs. 2.00 lakhs 10 % of the total value of the contractii) For contract value above Rs. 2.00 lakhs 10 % of the first 2.00 lakhs and the 5 % of the

balance

Provided further, that if the Railway is not satisfied that the works can be completed by theContractor and in the event of failure on the part of the contractor to complete the work within furtherextension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right orremedy available in that behalf, to appropriate the contractor’s security deposit and rescind the contractunder clause 62 of General Conditions, whether or not actual damage is caused by such default.

18. (1) Illegal Gratification: - Any bribe, commission, gift or advantage given, promised or offered by oron behalf to the Contractor or his partner, agent or servant or anyone on his behalf, to any officer oremployee of the Railway, or to any person on his behalf in relation to obtaining or execution of this or anyother contract with the Railway shall, in addition to any criminal liability which he may incur, subject thecontractor to the rescission of the contract and all other contracts with the Railway and to the payment ofany loss or damage resulting from such decision and the Railway shall be entitled to deduct the amountsso payable from any moneys due to the Contractor(s) under this contract or any other contracts with theRailway.(2) The Contractor shall not lend or borrow from or have or enter into any monetary dealings ortransactions either directly or indirectly with any employee of the Railway and if he shall do so, theRailway shall be entitled forthwith to rescind the contract and all other contracts with the Railway. Anyquestion or dispute as to the commission or any such offence or compensation payable to the Railwayunder this clause shall be settled by the General Manager of the Railway, in such a manner as he shallconsider fit and sufficient and his decision shall be final and conclusive. In the event of rescission of thecontract under this clause, the Contractor will not be paid any compensation whatsoever exceptpayments for the work done upto the date of rescission.

19. Execution of works: -(1) Contractor’s understanding: - It is understood and agreed that the contractor has, by carefulexamination, satisfied himself as to the nature and location of the work, the conformation of the ground,the character, quality and quantity of the materials to be encountered, the character of equipment and


facilities needed preliminary to and during the progress of the works, the general and local conditions, thelabour conditions prevailing therein and all other matters which can in any way affect the works under thecontract.(2) Commencement of Works: - The contractor shall commence the works within 15 days after thereceipt by him of an order in writing to this effect from the Engineer and shall proceed with the same withdue expedition and without delay.(3) Accepted programme of work: - The contractor who has been awarded the work shall as soon aspossible but not later than 30 days after the date of receipt of the acceptance letter in respect of contractswith initial completion period of two years or less or not later than 60 days for other contracts have tosubmit the detailed programme of work indicating the time schedule of various items of works in the formBar Chart/PERT/CPM. He shall also submit the details of organization (in terms of labour andsupervisors) plant and machinery that he intends to utilize (from time to time) for execution of the workwithin stipulated date of completion. The programme of work amended as necessary by discussions withthe Engineer, shall be treated as the agreed programme of the work for the purpose of this contract andthe contractor shall endeavor to fulfill this programme of work. The progress of work will be watchedaccordingly the liquidated damages will be with reference to the overall completion date. Nothing statedherein shall preclude the contractor in achieving earlier completion of item or whole of the works thanindicated in the programme.(4) Setting out of works: - The Contractor shall be responsible for the correct setting out of all works inrelation to original points, lines and levels of reference at his cost. The Contractor shall execute the worktrue to alignment, grade, levels and dimensions as shown in the drawing and as directed by theEngineer’s representative and shall check these at frequent intervals. The Contractor shall provide allfacilities like labour and instruments and shall co-operate with the Engineer’s representative to check allalignment, grades, levels and dimensions. If, at any time, during the progress of the works any error shallappear or arise in any part of the work, the Contractor, on being required so to do by the Engineer’srepresentative shall, at his own cost rectify such errors, to the satisfaction of the Engineer’srepresentative. Such checking shall not absolve the Contractor of his own responsibility of maintainingaccuracy in the work. The Contractor shall carefully protect and preserve all benchmarks, sight rails,pegs and other things used in setting out the work.20. (1) Compliance to Engineers Instructions: - The Engineer shall direct the order in which theseveral parts of the works shall be executed and the Contractor shall execute without delay all ordersgiven by the Engineer from time to time but the Contractor shall not be relieved thereby fromresponsibility for the due performance of the works in all respects.(2) Alterations to be authorized: - No alterations in or additions to or omissions or abandonment of anypart of the works shall be deemed authorised, except under instructions from the Engineer, and theContractor shall be responsible to obtain such instructions in each and every case in writing from theEngineer.(3) Extra works: - Should works over and above those included in the contract require to be executed atthe site, the contractor shall have no right to be entrusted with the execution of such works which may becarried out by another contractor or contractors or by other means at the option of the Railway.(4) Separate contracts in connection with works :- The Railway shall have the right to let othercontracts in connection with the works. The Contractor shall give other contractors reasonableopportunity for the storage of their materials and the execution of their works and shall properly connectand co-ordinate his work with theirs. If any part of the Contractors work depends for proper execution orresult upon the work of another contractor(s), the Contractor shall inspect and promptly report to theEngineer any defects in such works that render it unsuitable for such proper execution and results. TheContractor’s failure so-to inspect and report shall constitute an acceptance of the other contractor’s workas fit and proper for the reception of his work, except as to defects which may develop in the othercontractor’s work after the execution of his work.

21. Instruction of Engineer’s Representative: - Any instructions or approval given by the Engineer’srepresentative to Contractor in connection with the works shall bind the contractor as through it had beengiven by the Engineer provided always as follows :-(a) Failure of the Engineer’s representative to disapprove any work or materials shall not prejudice thepower of the Engineer thereafter to disapprove such work or material and to order the removal orbreaking up thereof.(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s representative, heshall be entitled to refer the matter to the Engineer who shall there upon confirm or very such decision.


22. (1) Adherence to specifications and drawings: - The whole of the works shall be executed inperfect conformity with the specifications and drawings of the contract. If contractor performs any works ina manner contrary to the specifications or drawings or any of them and without such reference to theEngineer he shall bear all the costs arising or ensuing there from and shall be responsible for all loss tothe Railway.(2) Drawings and specifications of the works: - The Contractor shall keep one copy of Drawings andSpecifications at the site, in good order, and such contract documents as may be necessary, available tothe Engineer or the Engineer’s Representative.(3) Ownership of drawings and specifications: - All Drawings and Specifications and copies thereoffurnished by the Railways to the Contractor are deemed to be the property of the Railway. They shall notbe used on other works and with the exception of the signed contract set, shall be returned by theContractor to the Railway on completion of the work or termination of the Contract.(4) Compliance with Contractor’s request for details: - The Engineer shall furnish with reasonablepromptness, after receipt by him of the Contractor’s request for the same, additional instructions bymeans of drawings or otherwise, necessary for the proper execution of the works or any part thereof. Allsuch drawings and instructions shall be consistent with the Contract Documents and reasonably inferablethere from.(5) Meaning and intent of specification and drawings: - If any ambiguity arises as to the meaning andintent of any portion of the Specifications and Drawings or as to execution or quality of any work ormaterial, or as to the measurements of the works the decision of the Engineer thereon shall be finalsubject to the appeal (within 7 days of such decision being intimated to the Contractor) to the ChiefEngineer who shall have the power to correct any errors, omissions, or discrepancies in aforementioneditems and whose decision in the matter in dispute or doubt shall be final and conclusive.

23. Working during night: - The Contractor shall not carry out any work between sun-set and sun-risewithout the previous permission of the Engineer.24. Damage to Railway property or private life and property :- The Contractor shall be responsiblefor all risk to the work and for trespass and shall make good at his on expense all loss or damagewhether to the works themselves or to any other property of the Railway or the lives, persons or propertyof others from whatsoever cause in connection with the works until they are taken over by the Railwayand this although all reasonable and proper precautions may have been taken by the Contractor, and incase the Railway shall be called upon to make good any costs, loss or damages, or to pay anycompensation, including that payable under the provisions of the Workmen’s Compensation Act or anystatutory amendments thereof to any person or persons sustaining damages as aforesaid by reason ofany act, or any negligence or omissions on the part of the Contractor the amount of any costs or chargesincluding costs and charges in connection with legal proceedings, which the Railway may incur inreference thereto, shall be charged to the Contractor. The Railway shall have the power and right to payor to defend or compromise any claim of threatened legal proceedings or in anticipation of legalproceedings being instituted Consequent on the action or default of the Contractor, to take such steps asmay be considered necessary or desirable to ward off or mitigate the effect of such proceedings,charging to Contractor, as aforesaid, any sum or sums of money which may be paid and any expenseswhether for reinstatement or otherwise which may be incurred and the propriety of any such payment,defense or compromise, and the incurring of any such expenses shall not be called in question by theContractor.

25. Sheds, Storehouses and Yards: - The Contractor shall at his own expense provide himself withsheds, storehouses and yards in such situations and in such numbers as in the opinion of the Engineer isrequisite for carrying on the works and the Contractor shall keep at each such sheds, store-houses andyards a sufficient quantity of materials and plant in stock as not to delay the carrying out the works withdue expedition and the Engineer and the Engineer’s representative shall have free access to the saidsheds, store-houses and yards at any time for the purpose of inspecting the stock of materials or plant sokept in hand, and any materials or plant which the Engineer may object to shall not be brought upon orused in the works, but shall be forthwith removed from the sheds, store houses or yards by theContractor. The Contractor shall at his own expenses provide and maintain suitable mortar mills, soakingvats or any other equipments necessary for the execution of the works.


26. Provision of efficient and competent staff :- The Contractor shall place and keep on the works atall times efficient and competent staff to give the necessary directions to his workmen and to see thatthey execute their work in sound and proper manner and shall employ only such supervisors, workmenand labourers in or about the execution of any of these works as are careful and skilled in the varioustrades and callings. The Contractor shall at once remove from the works any agents, permitted sub-contractor, supervisor, workman or labourer who shall be objected to by the Engineer and if andwhenever required by the Engineer, he shall submit a correct return showing the names of all staff andworkmen employed by him. In the event of the Engineer being of the opinion that the Contractor is notemploying on the works a sufficient number of staff and workmen as is necessary for the propercompletion of the works within the time prescribed, the Contractor shall forthwith on receiving intimationto this effect take on the additional number of staff and labour specified by the Engineer within sevendays of being so required and failure on the part of the Contractor to comply with such instructions willentitle the Railway to rescind the contract under Clause 62 of these conditions.

27. (1) Workmanship and testing :- The whole of the works and/or supply of materials specified andprovided in the contract or that may be necessary to be done in order to form and complete any partthereof shall be executed in the best and most substantial workman like manner with materials of the bestand most approved quality of their respective kinds, agreeable to the particulars contained in or impliedby the specifications and as referred to in and represented by the drawings or in such other additionalparticulars, instructions and drawings may be found requisite to be given during the carrying on of theworks and to the entire satisfaction of the Engineer according to the instructions and directions which theContractors may from time to time receive from the Engineer. The materials may be subjected to tests bymeans of such machines, instruments and appliances as the Engineer may direct and wholly at theexpense of the Contractor.(2) Removal of improper work and materials :- The Engineer or the Engineer’s Representative shallbe entitled to order from time to time:(a) the removal from the site within the time specified in the order of any material which in his opinion arenot in accordance with the specifications or drawings.(b) the substitution of proper and suitable materials, and(c) the removal and proper re-execution, notwithstanding any previous tests thereof or “on account”payments therefore, of any work which in respect of materials or workmanship is not in his opinion inaccordance with the specifications and in case of default on the part of the Contractor in carrying out suchorder the Railway shall be entitled to rescind the contract under Clause 62 of these conditions.28. Facilities for Inspection: - The Contractor shall afford the Engineer and the Engineer’sRepresentative every facility for entering in and upon every portion of the work at all hours for thepurpose of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps,appliances and things of every kind required for the purpose and the Engineer and the Engineer’sRepresentative shall at all times have free access to every part of the works and to all places at whichmaterials for the works are stored or being prepared.29. Examination of work before covering up :- The Contractor shall give 7 days notice to the Engineeror the Engineer’s Representative whenever any work or materials are intended to be covered up in theearth, in bodies or walls or otherwise to be placed beyond the reach of measurements in order that thework may be inspected or that correct dimensions may be taken before being so covered, placed beyondthe reach of measurement in default whereof, the same shall at the option of the Engineer or theEngineer’s Representative be uncovered and measured at the Contractor’s expense or no allowanceshall be made for such work or materials.

30. Temporary Works: - All temporary works necessary for the proper execution of the works shall beprovided and maintained by the Contractor and subject to the consent of the Engineer shall be removedby him at his expenses when they are no longer required and in such manner as the Engineer shalldirect. In the event of failure on the part of the Contractor to remove the temporary works, the Engineerwill cause them to be removed and cost as increased by supervision and other incidental charges shallbe recovered from the Contractor. If temporary huts are proved by the Contractor on the Railway land forlabour engaged by him for the execution of works, the contractor shall arrange for handing over vacantpossession of the said land after the work is completed; if the contractor’s labour refuse to vacate, andhave to be rejected by the Railway, necessary expenses incurred by the Railway in connection therewithshall be borne by the Contractor.


31. (1) Contractor to supply water for works: - Unless otherwise provided in the Contract, theContractor shall be responsible for the arrangements to obtain supply of water necessary for the works.(2) Water supply from Railway System :- The Railway may supply to the Contractor part or whole ofthe quantity of the water required for the execution of works from the Railway’s existing water supplysystem at or near the site of works on specified terms and conditions and at such charges as shall bedetermined by the Railway and payable by the Contractor, provided that the Contractor shall arrange, athis own expense, toeffect the connections and lay additional pipe lines and accessories on the site and that the Contractorshall not be entitled to any compensation for interruption of failure of the water supply.(3) Water supply by Railway Transport :- In the event of the Railway arranging supply of water to theContractor at or near the site of works by traveling water tanks or other means, the freight and othercharges incurred thereby, including demurrage charges that may be levied, shall be paid by theContractor in addition to the charges referred to in sub-clause(2) of the clause provided that thecontractor shall not be entitled to any compensation for interruption or failure of the water supply.(4)(a) Contractor to arrange supply of Electric power for works: - Unless otherwise provided in thecontract, the Contractor shall be responsible for arrangements to obtain supply of Electric power for theworks.(b) Electric Supply from the Railway System :- The Railway may supply to the Contractor part orwhole of the electric power wherever available and possible, required for execution of works from theRailway’s existing electric supply systems at or near the site of works on specified terms and conditionsand such charges as shall be determined by the Railway and payable by the Contractor provided the costof arranging necessary connections to the Railway’s Electric supply systems, and laying ofunderground/overhead conductor, circuit protection, electric power meters, transmission structure, shallbe borne by the Contractor and that the Contractor shall not be entitled to any compensation forinterruption or failure of the Electric supply system.

32. Property in materials and plant :- The materials and plant brought by the Contractor upon the siteor on the land occupied by the Contractor in connection with the works and intended to be used for theexecution thereof shall removed immediately on completion of work. Such of them as during theprogress of the works are rejected by the Engineer under Clause 25 of these conditions or are declaredby him not to be needed for the execution of the works or such as on the grant of the certificate ofcompletion remain unused shall immediately on such rejection, declaration or grant cease to be deemedthe property of the Railway and the Contractor may then (but not before) remove them from the site or thesaid land. This clause shall not in any way diminish the liability of the Contractor nor shall the Railway bein any way answerable for any loss or damage which may happen to or in respect of any such materialsor plant either by the same being lost, stolen, injured or destroyed by fire, tempest or otherwise.

33. (1) Tools, Plant and Materials supplied by Railway :- The Contractor shall take all reasonablecare of all tools, plant and materials or other property whether of a like description or not belonging to theRailway and committed to his charge for the purpose of the works and shall be responsible for all damageor loss caused by him, his agents, permitted sub-contractor or his workmen or others while they are in hischarge. The Contractors shall sign accountable receipts for tools, plants and materials made over to himby the Engineer and on completion of the works shall hand over the unused balance of the same to theEngineer in good order and repair, fair wear and tear excepted and shall be responsible for any failure toaccount for the same or any damage done thereto.(2) Hire of Railway’s Plant: - The Railway may hire to the Contractor such plant as concrete mixers,compressors and portable engines for use during execution of the works on such terms as may bespecified in the special conditions or in a separate agreement for Hire of Plant.

34. (1) Precaution during progress of works :- During the execution of works, unless otherwisespecified the Contractor shall at his own cost provide the materials for and execute all shoring, timberingand shuttering works as is necessary for the stability and safety of all structures, excavations and worksand shall ensure that no damage, injury or loss is caused or likely to be caused to any person or property.(2) Roads and Water courses :- Existing roads or water courses shall not be blocked cut through,altered, diverted or obstructed in any way by the Contractor, except with the permission of the Engineer.All compensations claimed for any unauthorized closure, cutting through, alteration, diversion orobstruction to such roads or water courses by the Contractor or his agent or his staff shall be recoverable


from the Contractor by deduction from any sums which may become due to him in terms of contract, orotherwise according to law.(3) Provision of access to premises :- During progress of work in any street or thoroughfare, theContractor shall make adequate provision for the passage of traffic, for securing safe access to allpremises approached from such street or thoroughfare and for any drainage, water supply or means oflighting which may be interrupted by reasons of the execution of the works and shall react and maintain athis own cost barriers, lights and other safeguards as prescribed by the Engineer, for the regulation of thetraffic, and provide watchmen necessary to prevent accidents. The works shall in such cases beexecuted night and day if so ordered by the Engineer and with such vigour so that the traffic way beimpeded for as short a time as possible.(4) Safety of Public: - The Contractor shall be responsible to take all precautions to ensure the safety ofthe public whether on public or Railway property and shall post such look out men as may in the opinionof the Engineer be required to comply with regulations appertaining to the work.

35. Use of Explosives: - Explosives shall not be used on the works or on the site by the Contractorwithout the permission of the Engineer and then only in the manner and to the extent to which suchpermission is given. Where explosives are required for the works, they shall be stored in a specialmagazine to be provided by and at the cost of the Contractor in accordance with the Explosive Rule. TheContractor shall obtain the necessary license for the storage and the use of explosives and all operationsin which or for which explosives are employed shall be at the sole risk and responsibility of the Contractorand the Contractor shall indemnify the Railway in respect thereof.

36. (1) Suspension of works :- The Contractor shall on the order of the Engineer suspend the progressof the works or any part thereof for such time or times and in such manner as the Engineer may considernecessary and shall during such suspension properly protect and secure the work so far as is necessaryin the opinion of the Engineer. If such suspension is:-(a) Provided for in the contract, or(b) necessary for the proper execution of the works or by the reason of weather conditions or by somedefault on the part of the contractor, and or(c) necessary for the safety of the works or any part thereof.(2) The contractor shall not be entitled to the extra costs, if any, incurred by him during the period ofsuspension of the works, but in the event of any suspension ordered by the Engineer for reasons otherthan aforementioned and when each such period of suspension exceeds 14 days, the Contractor shall beentitled to such extension of time for completion of the works as the Engineer may consider proper havingregard to the period or periods of such suspensions and to such compensations as the Engineer mayconsider reasonable in respect of salaries or wages paid by the Contractor to his employees during theperiods of such suspension.

(3) Suspension lasting more than 3 months :- If the progress of the works or any part thereof issuspended on the order of the Engineer for more than three months at a time, the Contractor may serve awritten notice on the Engineer requiring permission within 15 days from the receipt thereof to proceedwith the works or that part thereof in regard to which progress is suspended and if such permission is notgranted within that time the Contractor by further written notice so served may, but is not bound to, electto treat the suspension where it affects part only of the works as an omission of such part or where itaffects the whole of the works, as an abandonment of the contract by the Railway.

37. Rate for items of works :- The rates entered in the accepted Schedule of Rates of the Contract areintended to provide for works duly and properly completed in accordance with the general and special (ifany) conditions of the contract and the specifications and drawings together with such enlargements,extensions, diminution, reductions, alterations or additions as may be ordered in terms of Clause 42 ofGeneral Conditions and without prejudice to the generality thereof and shall be deemed to include andcover superintendence and labour, supply, including full freight of materials, stores, patterns, profiles,moulds, fittings, centering, scaffolding, shoring props, timber, machinery, barracks, tackle, roads, pegs,posts, tools and all apparatus and plant required on the works, except such tools, plant or materials asmay be specified in the contract to be supplied to the Contractor by the Railway, the erection,maintenance and removal of all temporary works and buildings, all watching, lighting, bailing, pumpingand draining, all prevention of or compensation for trespass, all barriers and arrangements for the safetyof the public or of employees during the execution of works, all sanitary and medical arrangements for


labour camps as may be prescribed by the Railway, the setting of all work and of the construction, repairand upkeep of all centre lines, bench marks and level pegs thereon, site clearance, all fees duties,royalties, rent and compensation to owners for surface damage or taxes and impositions payable to localauthorities in respect of land, structures and all material supplied for the work or other duties of expensesfor which the Contractor may become liable or may be put to under any provision of law for the purposeof or in connection with the execution of the contract, and all such other incidental charges orcontingencies as may have been specially provided for in the specifications.

38. Demurrage and wharfage dues :- Demurrage charges calculated in accordance with the scaleinforce for the time being on the Railway and incurred by the Contractor failing to load or unload anygoods of materials within the time allowed by the Railway for loading as also wharfage charges, ofmaterials not removed in time as also charges due on consignments booked by or to him shall be paid bythe Contractor, failing which such charges shall be debited to the Contractor’s account in the hands of theRailway and shall be deducted from any sums which may become due to him in terms of the contracts.

39. (1) Rates for extra items of works :- Any item of work carried out by the Contractor on theinstructions of the Engineer which is not included in the accepted schedules of rates shall be executed atthe rates set forth in the “Schedule of Rates of Central Railway” modified by the tender percentage andsuch items are not contained in the latter, at the rate agreed upon between the Engineer and theContractor before the execution of such items of work and the Contractors shall be bound to notify theEngineer at least seven days before the necessity arises for the execution of such items of works that theaccepted schedule of rates does not include rate or rates for the extra work involved. The rates payablefor such items shall be decided at the meeting to be held between the Engineer and Contractor, in asshort a period as possible after the need for the special item has come to the notice. In case theContractor fails to attend the meeting after being notified to do so or in the event of no settlement beingarrived at, the Railway shall be entitled to execute the extra works by other means and the Contractorshall have no claim for loss or damage that may result from such procedure.(2) Provided that if the Contractor commences work or incurs any expenditure in regard thereto beforethe rates as determined and agreed upon as lastly hereuntofore mentioned, then and in such a case theContractor shall only be entitled to be paid in respect of the work carried out or expenditure incurred byhim prior to the date of determination of the rates as aforesaid according to the rates as shall be fixed bythe Engineer. However, if the Contractor is not satisfied with the decision of the Engineer in this respecthe may appeal to the Chief Engineer within 30 days of getting the decision of the Engineer, supported byanalysis of the rates claimed. The Chief Engineer’s decision after hearing both the parties in the matterwould be final and binding on the Contractor and the Railway.

40. (1) Handing over of works: - The Contractor shall be bound to hand over the works executed underthe contract to the Railway complete in all respects to the satisfaction of the Engineer. The Engineer shalldetermine the date on which the work is considered to have been completed, in support of which hiscertificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine fromtime to time, the date on which any particular section of the work shall have been completed, and thecontractor shall be bound to observe any such determination of the Engineer.(2) Clearance of site on completion: - On completion of the works, the Contractor shall clear away andremove from the site all constructional plant, surplus materials, rubbish and temporary works of everykind and leave the whole of the site and works clean and in a workman like condition to the satisfaction ofthe Engineer. No final payment in settlement of the accounts for the works shall be paid, held to be dueand shall be made to the Contractor till, in addition to any other condition necessary for final payment, siteclearance shall have been affected by him, and such clearance may be made by the Engineer at theexpense of the Contractor in the event of his failure to comply with this provision within seven days afterreceiving notice to that effect.

Should it become necessary for the Engineer to have the site cleared at the expenses of the Contractor,the Railway shall not be held liable for any loss or damage to such of the Contractor’s property as may beon the site and due to such removal there from which removal may be effected by means of public salesof such materials and property or in such a way as deemed fit and convenient to the Engineer.


VARIATIONS IN EXTENT OF CONTRACT41. Modification to contract to be in writing: - In the event of any of the provisions of the contractrequiring be modifying after the contract documents have been signed, the modifications shall be made inwriting and signed by the Railway and the Contractor and no work shall proceed under such modificationsuntil this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducingor supplementing the contract or any of the terms thereof shall be deemed conditional and shall not bebinding on the Railway unless and until the same is incorporated in a formal instrument and signed by theRailway and the Contractor, and till then the Railway shall have the right to repudiate such arrangements.

42. (1) Powers of modification to contract: The Engineer on behalf of the Railway shall be entitled byorder in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design,character position, site, quantities, dimensions or in the method of their execution or in the combinationand use of materials for the execution thereof or to order any additional work to be done or any works notto be done and the Contractor will not be entitled to any compensation for any increase/reduction in thequantities of work but will be paid only for the actual amount of work done and for approved materialssupplied against a specific order.(2) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantityof each individual item of the contract would be upto 25 % of the quantity originally contracted, except incase of foundation work. The contractor shall be bound to carry out the work at the agreed rates andshall not be entitled to any claim or any compensation whatsoever up to the limit of 25 % variation inquantity of individual item of works.

New clause 42(4) to Indian Railway General Condition of Contract.(Ref.: item 9 to Railway boardsletter no.2007/CE-1/CT/18 dated 28/09/2007 and item No. 2 to letter No.2007/CE/I/CT/18 Pt. dtd31.12.2010)

The procedure detailed below shall be adopted for dealing with variation in quantities during execution ofworks contracts:

1) Individual NS items in contract shall be operated with variation of plus or minus 25% andpayment would be made as per the agreement rate. For this, no finance concurrence would berequired.

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

a) Operation of an item by more than 125% of the agreement quantity need the approval of anofficer of the rank not less than SA grade

i) Quantity operated in excess of 125% but up to 140% of the agreement quantity of the concerneditem shall be paid at 98% of the rate awarded for that item in that particular tender.

ii) Quantity operated in excess of 140% but up to 150% of the agreement quantity of the concerneditem shall be paid at 96% of the rate awarded for that item in that particular tender.

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

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

c) Execution of quantities beyond 150% of the over agremental value should not be permitted & iffound necessary should be only through fresh tenders or by negotiating with existing contractorwith prior personal concurrence of FA & CAO / FA&CAO( C ) & approval of General Manager .

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

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

approval for an officer not less than rank of SA Grade may be taken, after obtaining “ No ClaimCertificate “ from the contractor & with finance concurrence. Giving detailed reasons for suchdecrease in the quantities.


c) It should be certified that the work proposed to be reduce will not be required in the same work.4) The limit for varying quantities for minor value items shall be 100% as against ( 25% prescribed

for other items ) A minor value items for this purpose defined as an item whose originalagreement value is less than 1% of the total original agreement value .

5) No such quantity variation limit shall apply for foundation items.

6) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR scheduleas a whole and not on individual SOR items. However in case of NS items, the limit of 25%would apply on the individual items irrespective of the manner of quoting the rates (Singlepercentage rate or individual item rate).

7) For the tenderers accepted at the Zonal Railway level, variation in quantities will be approved bythe authority in whose powers the revised value of the agreement lies.

8) For tenderers accepted by General Manager, Variation up to 125% of the origin agreement valuemay be accepted by General Manager.

9) For tenderers accepted by Board Members and Rail Ministers variation up to 110% of the originalagreement value may be accepted by General Manager.

10) The aspect of vitiation of tender with respect to variation in quantities should be checked andavoided. In case of vitiation of tender (both for increase as well as decrease of value of thecontract agreement), sanction of the competent authority as per single tender should beobtained.

Claims43. (1) Monthly Statement of Claims:- The Contractor shall prepare and furnish to the Engineer once inevery month as account giving full and detailed particulars of all claims for any additional expenses towhich the Contractor may consider himself entitled to and of all extra or additional works ordered by theEngineer which he has executed during the preceding month and no claim for payment for and such workwill be considered which has not been included in such particulars.(2) Signing of “No Claim” Certificate:- The Contractor shall not be entitled to make any claimwhatsoever against the Railway under or by virtue of or arising out of this contract, nor shall the Railwayentertain or consider any such claim, if made by the Contractor, after he shall have signed a “No Claim”Certificate in favour of the Railway in such form as shall be required by the Railway after the works arefinally measured up. The Contractor shall be debarred from disputing the correctness of the itemscovered by “No Claim” Certificate or demanding a clearance to arbitration in respect thereof.

Measurements, Certificates and Payments44. Quantities in schedule annexed to Contract: - The quantities set out in the accepted schedule ofrates with items of works quantified are the estimated quantities of the works and they shall not be takenas the actual and correct quantities of the work to be executed by the Contractor in fulfillment of hisobligations under the contract.

45. Measurement of works: - The Contractor shall be paid for the works at the rates in the acceptedschedule of rates and for extra works at rates determined under Clause 39 of General Conditions on themeasurements taken by the Engineer or the Engineer’s Representative in accordance with the rulesprescribed for the purpose by the Railway. The quantities for items the unit of which in the acceptedschedule of rates is 100 or 1000 shall be calculated to the nearest whole number, any fraction below halfbeing dropped and half and above being taken as one; for items the unit of which in the acceptedschedule of rates is single, the quantities shall be calculated to two places of decimals. Suchmeasurements will be taken of the work in progress from time to time and at such intervals as in theopinion of the Engineer shall be proper having regard to the progress of the works. The date and time onwhich “on account” or final measurements are to be made shall be communicated to the Contractor whoshall be present at the site and shall sign the results of the measurements (which shall also be signed bythe Engineer or the Engineer’s Representative) recorded in the official measurements book as anacknowledgement of his acceptance of the accuracy of the measurements. Failing the Contractor’sattendance the work may be measured up in his absence and such measurements shall, notwithstandingsuch absence, be binding upon the Contractor whether or not he shall have signed the measurement


books provided always that any objection made by him to measurement shall be duly investigated andconsidered in the manner set out below:(a) It shall be open to the Contractor to take specific objection to any recorded measurements orClassification on any ground within seven days of the date of such measurements. Any re-measurementtaken by the Engineer or the Engineer’s Representative in the presence of the Contractor or in hisabsence after due notice has been given to him in consequence of objection made by the Contractorshall be final and binding on the Contractor and no claim whatsoever shall there after be entertainedregarding the accuracy and classification of the measurements.(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contactor shall beliable to pay the actual expenses incurred in measurements.

46. (1) “On account” Payments :- The Contractor shall be entitled to be paid from time to time by way of“On-Account” payment only for such works as in the opinion of the Engineer he has executed in terms ofthe Contract. All payments due on the Engineer’s or the Engineer’s Representative certificates ofmeasurements shall be subject to any deductions which may be made under these presents and shallfurther be subject to, unless otherwise required by Clause 16 of General Conditions, a retention to tenpercent by way of security deposits, until the amount of security deposit by way of retained earnestmoney and such retentions shall amount to 10% of the total value of the contract provided always that theEngineer may by any certificate make any correction or modification in any previous certificate whichshall have been issued by him and that the Engineer may withhold any certificate if the works or any partthereof are not being carried out to his satisfaction.(2) Rounding off amounts :- The total amount due on each certificate shall be rounded off to thenearest rupee i.e., sums less than 50 paise shall be omitted and sums of 50 paise and more upto Rs. 1/-will be reckoned as Rs. 1/-.(3) On Account Payments not prejudicial to final settlement :- “On-Account” payments made to theContractor shall be without prejudice to the final making up of the accounts (except where measurementsare specifically noted in the Measurement Book as “Final Measurements” and as such have been signedby the Contractor) and shall in no respect be considered or used as evidence of any facts stated in or tobe inferred from such accounts not of any particular quantity of work having been executed nor of themanner of its execution being satisfactory.(4) Manner of payment: - Unless otherwise specified payments to the Contractor will be made bycheque but no cheque will be issued for and amount less than Rs. 10/-.

47. Maintenance of works :- The Contractor shall at all times during the progress and continuance of theworks and also for the period of maintenance specified in the Tender Form after the date of passing ofthe certificate of completion by the Engineer or any other earlier date subsequent to the completion of theworks that may be fixed by the Engineer be responsible for and effectively maintain and uphold in goodsubstantial, sound and perfect condition all and every part of the works and shall make good from time totime and at all times as often as the Engineer shall require, any damage or defect that may during theabove period arise in or be discovered or be in any way connected with the works, provided that suchdamage or defect is not directly caused by errors in the contract documents, act of providence orinsurrection or civil riot, and the Contractor shall be liable for and shall pay and make good to the Railwayor other persons legally entitled thereto whenever required by the Engineer so to do, all losses, damages,costs and expenses they or any of them may incur or be put or be liable to by reasons or in consequenceof the operations of the Contractor or of his failure in any respect.

48. (1) Certificate of completion of works :- As soon as in the opinion of the Engineer the works shallhave been substantially completed and shall have satisfactorily passed any final test or tests that may beprescribed, the Engineer shall issue a Certificate of Completion in respect of the works and the period ofmaintenance of the works shall commence from the date of such certificate provided that the Engineermay issue such a certificate with respect to any part of the works before the completion of the whole ofthe works of with respect to any substantial part of the works which has been both completed to thesatisfaction of the Engineer and occupied or used by the Railway and when any such certificate is givenin respect of part of the works such part shall be considered as completed and the period of maintenanceof such part shall commence from the date of such certificate.(2) Contractor not absolved by completion Certificate :- The Certificate of completion in respect of theworks referred to in sub-clause (1) of this clause shall not absolve the Contractor from his liability to makegood any defects imperfections, shrinkages or faults which may appear during the period of maintenance


specified in the tender arising in the opinion of the Engineer from materials or workmanship not inaccordance with the drawings or specifications or instruction of the Engineer, which defects,imperfections, shrinkages or faults shall upon the direction in writing of the Engineer be amended andmade good by the Contractor at his own cost; and in case of default on the part of Contractor theEngineer may employ labour and materials or appoint another Contractor to amend and make good suchdefects, imperfections, shrinkages and faults and all expenses subsequent thereon and incidental theretoshall be borne by the Contractor and shall be recoverable from any moneys due to him under thecontract.

49. Approval only by Maintenance Certificate :- No certificate other than maintenance certificatereferred to in Clause 50 of the conditions shall be deemed to constitute approval of any work or othermatter in respect of which it is issued or shall be taken as an admission of the due performance of thecontract or any part thereof or of the accuracy of any claim or demand made by the Contractor or ofadditional varied work having been ordered by the Engineer nor shall any other certificate conclude orprejudice any of the powers of the Engineer.

50. (1) Maintenance Certificate :- The Contract shall not be considered as completed until aMaintenance Certificate shall have been signed by the Engineer stating that the works have beencompleted and maintained to his satisfaction. The maintenance certificate shall be given by the Engineerupon the expiration of the period of maintenance or as soon thereafter as any works ordered during suchperiod pursuant to sub clause (2) Clause 48 of General Conditions shall have been completed to thesatisfaction of the Engineer and full effect shall be given to this Clause notwithstanding the takingpossession of or using the works or any part thereof by the Railway.(2) Cessation of Railway’s Liability: - The Railway shall not be liable to the Contractor for any matterarising out of or in connection with the contract of the execution of the works unless the Contractor shallhave made a claim in writing in respect thereof before the issue of the Maintenance Certificate under thisclause.(3) Unfulfilled Obligations :- Notwithstanding the issue of the Maintenance Certificate the Contractorand (subject to sub-clause (2) of this clause) the Railway shall remain liable for the fulfillment of anyobligation incurred under the provision of the contract prior to the issue of the maintenance Certificatewhich remains unperformed at the time such certificate is issued and for the purposes of determining thenature and extent of any such obligations the contract shall be deemed to remain in force between theparties thereto.

51. (1) Final payment :- On the Engineer’s certificate of completion in respect of the works adjustmentshall be made and the balance of account based on the Engineer or the Engineer’s representative’scertified measurements of the total quantity of work executed by the Contractor upto the date ofcompletion and on the accepted schedule or rates and for extra works on rates determined under Clause39 of these conditions shall be paid to the Contractor subject always to any deduction which may bemade under these presents and further subject to the Contractor having delivered to the Engineer either afull account in detail of all claims he may have on the Railway in respect of the works or having delivered“No Claim” Certificate and the Engineer having after the receipt of such account given a certificate inwriting that such claims are correct, that the whole of the works to be done under the provisions of theContracts have been completed, that they have been inspected by him since their completion and foundto be in good and substantial order that all properties, works and things, removed, disturbed or injured inconsequence of the works have been properly replaced and made good and all expenses and demandsincurred by or made upon the Railway for or in the respect of damage or loss by from or in consequenceof the works, have been satisfied agreeably and in conformity with the contract.(2) Post Payment Audit :- It is an agreed term of contract that the Railway reserves to itself the right tocarry out a post-payment audit and or technical examination of the works and the final bill including allsupporting vouchers, abstracts, etc., and to make a claim on the contractor for the refund any excessamount paid to him if as a result of such examination any over-payment to him is discovered to havebeen made in respect of any works done or alleged to have been done by him under the contract.(3) Repayment Of Security Deposit :- The total security deposit shall become due and shall be paid tothe Contractor after the expiration of the period of maintenance, specified in the Tender reckoned fromthe date on which the Engineer shall have passed the certificate of completion comprising the whole ofthe works to be done under the provisions of the contract or any other earlier date subsequent to thecompletion of the whole of such works that may be fixed by the Railway in this behalf, provided that all


the stipulations of the clause have been fulfilled by the Contractor and all claims and demands madeagainst the Railway for and in respect of damage or loss by from or in consequence of the works havebeen finally satisfied, provided further that in the eventof different maintenance periods having become applicable to different parts of the works pursuant tosub-clause (I) of clause 48 of General Conditions, the expression expiration of the period of maintenanceshall for the purpose of this clause, be deemed to mean the expiry of the latest of such periods.51. A. Production of vouchers etc. by the Contractor:-(i) For a contract of more than one crore rupees, the contractor shall, whenever required, produce orcause to be produced for examination by the Engineer any quotation, invoice, cost or other account,books of accounts, voucher, receipt, letter, memorandum, ;paper of writing or any copy of or extract fromany such document and also furnish information and returns verified in such manner as may be requiredin any way relating to the execution of this contract or relevant for verifying or ascertaining cost ofexecution of this contract (the decision of the Engineer on the question of relevancy of any documents,information or return being final and binding in the parties). The Contractor shall similarly producevouchers etc., if required to prove to the Engineer, that materials supplied by him, are in accordance withthe specifications laid down in the contract.

(ii) If any portion of the work in a contract of value more than one crore of rupees be carried out by a sub-contractor or any subsidiary or allied firm or company (as per Clause 7 of the General Conditions ofContract), the Engineer shall have power to secure the books of such sub-contract or any subsidiary orallied firm or company, through the contractor, and such books shall be open to his inspection.

(iii) The obligations imposed by sub clause (i) and (ii) above is without prejudice to the obligations of thecontractor under any statute rules or orders binding on the contractor.

52. Withholding and lien in respect of sums claimed :- Whenever any claim or claims for payment of asum of money arises out of or under the contract against the contractor, the Railway shall be entitled towithhold and also have a lien to retain such sum or sums in whole or in part from the security, if any,deposited by the contractor and for the purpose aforesaid, the Railway shall be entitled to withhold thesaid cash security deposit or the security if any, furnished as the case may be and also have a lien overthe same pending finalization or adjudication of any such claim. In the event of the security deposit beinginsufficient to cover the claimed amount or amounts of if no security has been taken from the contractor,the Railway shall be entitled to withhold and have a lien to the extent of the such claimed amount oramounts referred to supra, from any sum or sums found payable or which at any time thereafter maybecome payable to the contractor under the same contract or any other contract with this or any otherRailway or any Department of the Central Government pending finalization or adjudication of any suchclaim.

It is an agreed term of the contract that the sum of money or moneys so withheld or retained under thelien referred to above, by the Railway will be kept withheld or retained as such by the Railway till theclaim arising out of or under the contract is determined by the arbitrator (if the contract is governed by thearbitration clause) or by the competent court as the case may be and that the contractor will have noclaim for interest or damages whatsoever on any account in respect of such withholding or retentionunder the lien referred to supra and duly notified as such to the contractor. For the purpose of thisclause, where the contractor is a partnership firm or a limited company, the Railway shall be entitled towithhold and also have a lien to retain towards such claimed amount or amounts in whole or in part fromany sum found payable to any partner/limited company, as the case may be whether in his individualcapacity or otherwise.52 – A Lien in respect of claims in Other Contracts :- Any sum of money due and payable to thecontractor (including the security deposit returnable to him) under the contract may be withheld orretained by way of lien by the Railway, against any claim of this or any other Railway or any otherDepartment of the Central Government in respect of payment of a sum of money arising out of or underany other contract made by the contractor with this or any other Department of the Central Government.It is an agreed term of the contract that the sum of money so withheld or retained under this clause by theRailway will be kept withheld or retained as such by the

Railway till the claim arising out of or under any other contract is either mutually settled or determined byarbitration, if the other contract is governed by arbitration clause or by the competent court as the casemay be and contractor shall have no claim for interest or damages whatsoever on this account or any


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

53. Signature on Receipts for Amounts :- Every receipt for money which may become payable or forany security which may become transferable to the Contractors under these presents, shall, if signed inthe partnership name by any one of the partners of a Contractor’s firm be a good and sufficient dischargeto the Railway in respect of the moneys or security purported to be acknowledged thereby and in theevent of death of any of the Contractor partners during the period of the contract it is hereby expresslyagreed that every receipt by any one of the surviving Contractor partners shall if so signed as aforesaidbe good and sufficient discharge as aforesaid provided that nothing in this clause contained shall bedeemed to prejudice or effect any claim which the Railway may hereafter have against the legalrepresentative of any contractor partner so dying for or in respect to any breach of any of the conditionsof the contract, provided also that nothing in this clause contained shall be deemed to prejudice or effectthe respective rights or obligations of the Contractor partners and of the legal representative of anydeceased Contractor partners inters.

Labour54. Wages to Labour :- The Contractor shall be responsible to ensure compliance with the provision ofthe Minimum Wages Act, 1948 (hereinafter referred to as that “said Act”) and the Rules made there underin respect of any employees directly or through petty contractors or sub-contractors employed by him onroad construction or in building operations or in stone breaking or stone crushing for the purpose ofcarrying out this contract.If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly orpartly under the direct orders and control of the Railways whether in connection with any work beingexecuted by the Contractor or otherwise for the purpose of the Railway such labour shall, for the purposeof this clause, still be deemed to be persons employed by the Contractor.If any moneys shall, as a result of any claim or application made under the said Act be directed to be paidby the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor andon failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven daysafter the same shall have been demanded, the Railways shall be entitled to recover the same from anymoneys due to or accruing to the Contractor under this or any other contract with the Railways.54 - A. Apprentices Act :- The Contractor shall be responsible to ensure compliance with theprovisions of the Apprentices Act, 1961 and the Rules and Orders issued there under from time to time inrespect of apprentices directly or through petty contractors or sub-contractors employed by him for thepurpose of carrying out the Contract.If the Contractor directly or through petty contractors or sub-contractors fails to do so, his failure will be abreach of the contract and the Railway may, in its discretion, rescind the contract. The contractor shallalso be liable for any pecuniary liability arising on account of any violation of the provisions of the Act.NOTE :- The contractors are required to engage apprentices when the works undertaken by them last fora period of one year or more and/the cost of works is rupees one lakh or more.

55. Provisions of payments of Wages Act :- The contractor shall comply with the provisions of thepayment of Wages Act, 1936 and the rules made there under in respect of all employees directly orthrough petty contractors or sub-contractors employed by him in the works. If in compliance with theterms of the contract, the contractor directly or through petty contractor or sub-contractors shall supplyany labour to be used wholly or partly under the direct orders and control of the Engineer whether inconnection with the works executed hereunder or otherwise for the purpose of the engineer such labourshall never the less be deemed to compromise persons employed by the contractor and any moneyswhich may be ordered to be paid by the Engineer shall be deemed to be moneys payable by theEngineer on behalf of the contractor and the Engineer may on failure of the contractor the repay suchmoney to the Railways deduct the same from any moneys due to the contractor in terms of the contract.The Railway shall be entitled to deduct any moneys due to the contractors (whether under this contract orany other contract) all moneys paid or payable by the Railway by way of compensation of aforesaid or forcosts of expenses in connection with any claims thereto and the decision of the Engineer upon anyquestion arising out of the effect or force of this clause shall be final and binding upon the contractor.55-A. (1) Provisions of contract labour (Regulation and Abolition) Act, 1970 :- (1) The contractorshall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and thecontract labour (Regulation and Abolition) Central Rules, 1971 as modified from time to time, wherever


applicable and shall also indemnified the Railway from and against any claims under the aforesaid Actand the Rules.(2) The Contractor shall obtain a valued license under the aforesaid Act as modified from time to timebefore the commencement of the work and continue to have a valued license until the completion of thework. Any failure to fulfill the requirement shall attract the panel provision of the contract arising out of theresultant non-execution of the work.(3) The Contractor shall pay to the labour employed by him directly or through sub-contractors the wagesas per provision of the aforesaid Act and Rules wherever applicable. The contractor shallnotwithstanding the provisions of the contract to the contrary cause to be paid the wages to labourindirectly engaged on the works including any engaged by the sub-contractors in connection with the saidwork as if the labour have been immediately employed by him.(4) In respect of all labour directly or indirectly employed in the work for performance of the contractorspart of the contract, the contractor shall comply with or cause to be complied with the provision of theaforesaid Act and Rules wherever applicable.(5) In every case in which by virtue of the provisions of the aforesaid Act or the Rules, the Railway isobliged to pay any amount of wages to a workmen employed by the contractor or his subcontractors inexecution of the work or to incur any expenditure on account of the contingent, liability of the Railwaysdue to the contractors failure to fulfil his statutory obligations under the aforesaid Act or Rules, theRailways recover from the contractor the amount of wages so paid or the amount of expenditure soincurred and without prejudice to the rights of the Railway under the section 20, sub-section (2) andsection 2, sub-section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount orpart thereof by deducting it from the security deposit and/or from any sum due by the Railway to thecontractor whether under the contract or otherwise. The Railway shall not be bound to contest any claimmade against it under sub-section (1) of section 20 and sub-section (4) of section 21 of the aforesaid Actexcept on the written request of the contractor and upon his giving to the Railway full security for all costsfor which the Railway might become liable in contesting such claim.The decision of the Railway regarding the amount actually recoverable from the contractor as statedabove, shall be final and binding on the Contractor.

56. Reporting of Accidents to Labour :- The Contractor shall be responsible for the safety of allemployees directly or through petty contractors or sub-contractor employed by him on the works andshall report serious accidents to any of them however and wherever occurring on the works to theEngineer of the Engineer’s Representative and shall make every arrangements to render all possibleassistance.

57. Provision of Workmen’s Compensation Act :- In every case in which by virtue of the provisions ofSection 12 sub-section (1) of the Workmen’s Compensation Act 1923, Railway is obliged to paycompensation to a workman directly or through petty contractor or sub-contractor employed by theContractor in executing the work, Railway will recover from the Contractor the amount of thecompensation so paid, and, without prejudice to the rights of Railway under section 12 Sub-section (2) ofthe said Act, Railway shall be at liberty to recover such amount or any part thereof by deducting it fromthe security deposit or from any sum due by Railway to the Contractor whether under these conditions orotherwise, Railway shall not be bound to contest any claim made against it under section 12 Sub-section(1) of the said Act except on the written request of the Contractor and upon his giving to Railway fullsecurity for all costs for which Railway might become liable in consequence of contesting such claim.57. A Provision of Mines Act :- The Contractor shall observe and perform all the provisions of theMines Act, 1952 or any statutory modifications or re-enactment thereof for the time being in force and anyrules and regulations made there under in respect of all the persons directly or through the pettycontractors employed by him under this contract and shall indemnify the Railway from and against anyclaims under the Mines Act, or the rules and regulations framed there under, by or on behalf of anypersons employed by him or otherwise.

58. Railway not to provide quarters for Contractors :- No quarters shall normally be provided by theRailway for accommodation of the contractor or any of his staff employed on the work. In exceptionalcases where accommodation is provided to the contractor at the Railway’s discretion, recoveries shall bemade at such rates as may be fixed by the Railway for the full rent of the buildings and equipmentstherein as well as charges for electric current, water supply and conservancy.


59. (1) Labour Camps :- The contractor shall at his own expense make adequate arrangements for thehousing, supply of drinking water and provision of latrines, and urinals for his staff and workmen, directlyor through the petty contractors or sub-contractors and for temporary crèche (Bal-mandir) where 50 ormore women are employed at a time. Suitable sites on Railway land, if available, may be allotted to thecontractor for the erection of labour camps, either free of charge or on such terms and conditions thatmay be prescribed by the Railway. All camp sites shall be maintained in clean and sanitary conditions bythe Contractor at his own cost.(2) Compliance to rules for employment of labour :- The Contractor(s) shall conform to all laws, bye-laws rules and regulations or the time being in force pertaining to the employment of local or importedlabour and shall take all necessary precautions to ensure and preserve the health and safety of all staffemployed directly or through petty contractors or sub-contractors on the works.(3) Preservation of peace:- The contractor shall take requisite precautions and use his best endeavorsto prevent any riotous or unlawful behaviors by or amongst his workmen and other employed directly orthrough petty contractors or sub-contractors on the works and for the preservation of peace andprotection of the inhabitants and security of property in the neighborhood of the works. In the event of theRailway requiring the maintenance of a special Police Force at or in the vicinity of the site during thetenure of works, the expenses thereof shall be borne by the contractor and if paid by the Railway shall berecoverable from the contractor.(4) Sanitary arrangements: - The contractor shall obey all sanitary rules and carry out all sanitarymeasures that may from time to time be prescribed by the Railway medical Authority and permitinspection of all sanitary arrangements at all times by the Engineer, the Engineer’s Representative or theMedical Staff of the Railway. Should the Contractor fail to make the adequate sanitary arrangements,these will be provided by the Railway and the cost therefore recovered from the Contractor.(5) Outbreak of infectious disease: - The Contractor shall remove from his camp such labour and theirfamilies as refuse protective inoculation and vaccination when called upon to do so by the Engineer or theEngineer’s Representative on the advice of the Railway Medical Authority. Should Cholera, plague orother infectious disease break out, the Contractor shall burn the huts, beddings, clothes and otherbelongings of or used by the infected parties and promptly erect new huts on healthy sites as required bythe Engineer, failing which within the time specified in the Engineer’s requisition, the work may be doneby the Railway and the cost therefor recovered from the Contractor.(6) Treatment of Contractor’s staff in Railway Hospitals: - The Contractor and his staff, other thanlaborers and their families requiring medical aid from the Railway Hospital and dispensaries will betreated as private patients and charged accordingly. The Contractors’ laborers and their Families will begranted free treatment in Railway Hospitals and dispensaries where no other Hospitals or dispensariesare available provided the contractor pays the cost of medicines, dressing and diet money according tothe normal scale and additional charges for special examinations such as pathological and bacteriologicalexamination, X-Ray, etc., and for surgical operation.(7) Medical facilities at site :- The contractor shall provide medical facilities at the site as may beprescribed by the Engineer on the advice of the Railway Medical Authority in relation to the strength ofthe Contractor’s resident staff and workmen.(8) Use of intoxicants :- The sale of ardent spirits or other intoxicating beverages upon the work or inany of the buildings encampments or tenements owned, occupied by or within the control of theContractor or any of his employees shall be forbidden and the contractor shall exercise his influence andauthority to the at most extent to secure strict compliance with this condition.(9) Non-employment of female labour :- The Contractor shall see that the employment of female labour on in cantonment areas, particularly in the neighborhood of soldiers barracks, should be avoided asfar as possible.(10) Restriction on the employment of retired Engineer of Railway services within two years oftheir retirement :- The Contractor shall not if he is a retired Government Engineer of gazetted rank,himself engage in or employ or associate a retired Government Engineer of gazetted rank who has notcompleted two years from the date of retirement, in connection with this contract in any mannerwhatsoever without obtaining prior permission of the President and if the Contractor is found to havecontravened this provision it will constitute a breach of contract and administration will be entitled toterminate the contract at the risk and cost of the Contractor and forfeit a security deposit.

60. (1) Non employment of labourers below the age of 15:- The Contractor shall not employ childrenbelow the age of 15 as labourers directly or through petty contractors or sub-contractors for the executionof the work.


(2) Medical Certificate of fitness of labour :- It is agreed that the contractor shall not employ the personabove 15 and below 19 years of age for the purpose of execution of work under the contract unless aMedical Certificate of fitness in the prescribed form (proforma as Annexure II) granted to him by acertifying surgeon that he is fit to work as an adults is obtained and kept in the custody of the Contractoror a person nominated by him in his behalf and the person carries with him, while at work, a token givinga reference to such certificate. It is further agreed that the responsibility for having the adolescentexamined medically at the time of appointment or periodically till he attains the age of 19 years shalldevolve entirely on the Contractor and all the expenses to be incurred on this account shall be borne byhim and no fee shall be charged from the adolescent or his parent for such medical examination.(3) Period of validity of medical fitness certificate :- A certificate of fitness granted or renewed for theabove said purposes shall be valid only for a period of one year at a time. The certifying surgeon shallrevoke a certificate granted or renewed if in his opinion the holder of it is no longer fit for work in thecapacity stated therein. Where a certifying surgeon refuses to grant or renew a certificate or revoke acertificate, he shall, if so required by the person concerned, state his reasons in writing for doing so.(4) Medical re-examination of labourers :- Where any official appointed in this behalf by the Ministry oflabour is of the opinion that any person employed in connection with the execution of any work under thiscontract in the age group 15 to 19 years is without a certificate of fitness or is having a certificate offitness but no longer fit the work in the capacity stated in the certificate, he may serve on the contractor oron the person nominated by him in this regard, a notice requiring that such persons shall be examined bya certifying surgeon and such person shall not if the concerned official so directs, be employed orpermitted to do any work under his contract unless he has been medically examined and certified that hehas been granted a certificate of fitness or a fresh certificate of fitness, as the case may be.Explanations :-(1) Only qualified Medical Practitioners can be appointed as “Certifying Surgeons” and the term “QualifiedMedical Practitioners” means a person holding a qualification granted by an Authority specified in theSchedule of the Indian Medical Degrees Act 1916, (VII to 1916) or in the Schedule to the Indian MedicalCouncil Act 1933 (XXVII) of 1933.(2)The certifying surgeon may be a Medical Officer in the service of State or Municipal Corporation.

Determination of contract61. (1) Right of Railway to determine the contract :- The Railway shall be entitled to determine andterminate the contract at any time should, in the Railway’s opinion, the cessation of work becomesnecessary owing to paucity of funds or from any other cause whatever, in which case the value ofapproved materials at site and of work done to date by the Contractor will be paid for in full at the ratespecified in the contract. Notice in writing from the Railway of such determination and the reasonstherefore shall be conclusive evidence thereof.(2) Payment on determination of contract :- Should the contract be determined under sub clause (1) ofthis clause and the Contractor claims payment for expenditure incurred by him in the expectation ofcompleting the whole of the work, the Railways shall admit and consider such claims as are deemedreasonable and are supported by vouchers to the satisfaction of the Engineer. The Railway’s decision onthe necessity and propriety of such expenditure shall be final and conclusive.(3) The contractor shall have no claim to any payment of compensation or otherwise, howsoever onaccount of any profit or advantage which he might have derived from the execution of the work in full butwhich he did not derive in consequence of determination of contract.

62. Determination of contract owing to default of contractor :-(1) If the contractor should:(i) Becomes bankrupt or insolvent, or(ii) make an arrangement with of assignment in favour of his creditors, or agree to carry out the contractunder a Committee of Inspection of his creditors, or(iii) being a Company or Corporation, go into liquidation (other than a voluntary liquidation for thepurposes of amalgamation or reconstruction), or(iv) have an execution levied on his goods or property on the works, or(v) assign the contract or any part thereof otherwise than as provided in Clause 7 of these conditions, or(vi) abandon the contract, or(vii) persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or(viii) fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or


(ix) fail to remove materials from the site or to pull down and replace work after receiving from theEngineer notice to the effect that the said materials or works have been condemned or rejected underClause 25 and 27 of these conditions, or(x) fail to take steps to employ competent or additional staff and labour as required under clause 26 of theconditions, or(xi) fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or anypart thereof as required under clause (28) of the conditions, or(xii) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner,agent or servant to any officer, or employee of the Railway or to any person on his or on their behalf inrelation to the execution of this or any other contract with this Railway.(xiii)(A) At any time after the tender relating to the contract has been signed and submitted by theContractor, being a partnership firm admits as one of its partners or employ under it or being anincorporated company elect or nominate or allow to act as one of its directors or employ under it in anycapacity whatsoever any retired engineer of the Gazetted rank or any other retired Gazetted officerworking before his retirement, whether in the executive or administrative capacity, or whether holding anypensionable post or not, in the Engineering Department of the Railways for the time being owned andadministered by the President of India before the expiry of two years from the date of retirement from thesaid service of such Engineer or Officer unless such Engineer or Officer has obtained permission from thePresident of India or any officer duly authorized by him in this behalf to become a partner or a direction orto take employment under the contract as the case may be, or(B) Fail to give at the time of submitting the said tender :-(a) The correct information as to the date of retirement of such retired engineer or retired officer from thesaid service, or as to whether any such retired engineer or retired officer was under the employment ofthe Contractor at the time of submitting the said tender, or(b) the correct information as to such engineers or officers obtaining permission to take employmentunder the Contractor, or(c) being a partnership firm, the correct information as to, whether any of its partners was such a retiredengineer or a retired officer, or(d) being in incorporated company, correct information as to whether any of its directors was such aretired engineer or a retired officer, or(e) being such a retired engineer or retired officer suppress and not disclose at the time of submitting thesaid tender the fact of his being such a retired engineer or a retired officer or make at the time ofsubmitting the said tender a wrong statement in relation to his obtaining permission to take the contract orif the contractor be a partnership firm or an incorporated company to be a partner or director of such firmor company as the case may be or to seek employment under the Contractor.Then and in any of the said cases, the Engineer on behalf of the Railway may serve the Contractor with anotice (Proforma at Annexure III) in writing to that effect and if the Contractor does not within seven daysafter the delivery to him of such notice proceed to make good his default in so far as the same is capableof being made good and carry on the work or comply with such directions as aforesaid to the entiresatisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Proforma atAnnexure IV) in writing under the hand of the Engineer to rescind the contract as a whole or in part orparts (as may be specified in such notice).(2) Right of Railway after rescission of contract owing to default of Contractor :- In the event of anyor several of the courses, referred to in sub-clause (1) of this clause, being adopted:-(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his

having purchased or procured any materials or entered into any commitments or made any advances onaccount of or with a view to the execution of the works or the performance of the contract and Contractorshall not be entitled to recover or be paid any sum for any work thereto for actually performed under thecontract unless and until the Engineer shall have certified the performance of such work and the valuepayable in respect thereof and the Contractor shall only be entitled to be paid the value so certified.(b) The Engineer or Engineer’s Representative shall be entitled to take possession of any materials,

tools, implements, machinery and buildings on the works or on the property on which these are being orought to have been executed, and to retain and employ the same in the further execution of the works orany part thereof until the completion of the works without the Contractor being entitled to anycompensation for the use and employment thereof or for wear and tear or destruction thereof.(c) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine

ex-parte or by or after reference to the parties or after such investigation or enquiries as he may considerfit to make or institute and shall certify what amount (if any) had at the time of recession of the contract


been reasonably earned by or would reasonably accrue to the Contractor in respect of the work thenactually done by him under the contract and what was the value of any unused, or partially usedmaterials, any constructional plant and any temporary works upon the site.(d) the Railway shall not be liable to pay to the Contractor any moneys on account of the contract until theexpiration of the period of maintenance and thereafter until the costs of completion and maintenance,damages for delay in completion (if any) and all other expenses incurred by the railway have beenascertained and the amount thereof certified by the Engineer. The Contractor shall then be entitled toreceive only such sum or sums (if any) as the Engineer may certify would have been due to him upon duecompletion by him after deducting the said amount, but if such amount shall exceed the sum which wouldhave been payable to the Contractor, then the Contractor shall upon demand pay to the Railway theamount of such excess and it shall be deemed a debt due by the Contractor to the Railway and shall berecoverable accordingly.

Settlement of Disputes63. Matters finally determined by the Railway :- All disputes and difference of any kind whatsoeverarising out of or in connection with the contract, whether during the progress of the work or after itscompletion and whether before or after the determination of the contract shall be referred by theContractor to the Railway and the Railway shall within 120 days after receipt of the Contractor’srepresentation make and notify decision on all matters for which provision has been made in clauses8(a), 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2), and 62(1)(b) of General Conditions ofthe contract or in any clause of the special conditions of the contract shall be deemed as “exceptedmatters” shall stand specifically excluded from the purview of the arbitration clause and not referred toarbitration.

64 (1) (i) Demand for Arbitration: In the event of any dispute or difference between the parties heretoas to the construction or operation of this contract, or the respective rights and liabilities of the parties onany matter in question, dispute or difference on any account or as to the withholding by the Railway ofany certificate to which the Contractor may claim to be entitled to, or if the Railway fails to make adecision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referredto in clause 63 of these conditions, the Contractor, after 120 days but within 180 days of his presentinghis final claim on disputed matters, shall demand in writing that then dispute or difference be referred toarbitration.(ii) The demand for arbitration shall specify the matters which are in question or subject of the dispute ordifference as also the amount of claim item-wise. Only such dispute(s) or difference(s) in respect ofwhich the demand has been made, together with counterclaims or set or shall be referred to arbitrationand other matters shall not be included in the reference.(iii) (a) The arbitration proceedings shall be assumed to have commenced from the day, a written andvalid demand for arbitration is received by the railway.(b) The claimant shall submit his claim stating that the facts supporting the claims along with all relevantdocuments and the relief or remedy sought against each claim within a period of 30 days from the date ofappointment of the Arbitral Tribunal.(c) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been grantedby Tribunal.(iv) No new claim shall be added during proceedings by either party. However, a party may amend orsupplement the original claim or defence thereof during the course of arbitration proceedings subject toacceptance by Tribunal; having due regard to the delay in making it.(v) If the Contractor(s) does/do not prefer his/their specific and final claims in writing, within a period of 90days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will bedeemed to have waived his/their claim(s) and the Railway shall be discharged and released of allliabilities under the contract in respect of these claims.64. (2) Obligation during pendency of arbitration :- Work under the contract shall unless otherwisedirected by the engineer, continue during the arbitration proceedings and no payment due or payable bythe railway shall be withheld on account of such proceedings, provided, however, it shall be open forArbitral Tribunal to consider and decide whether or not such work should continue during arbitrationproceedings.64. (3)(i) In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rupees ten lakhs only), the Arbitral Tribunal consist of a Sole Arbitrator who shall be either


the General Manager or a Gazetted Officer of railway not below the Grade of J.A. Grade nominated bythe General Manager in that behalf. The Sole Arbitrator shall be appointed within 60 days from the daywhen a written and valid demand for Arbitration is received by Railway.(ii) In cases not covered by clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of threeGazetted Railway Officers not below JAG, as the Arbitrators. For this purpose, the Railway will send apanel of more than 3 names of Gazetted Railway Officers of one or more Departments of the Railway tothe Contractor who will be asked to suggest to General Manager up to 2 names out of the panel forappointment as Contractor’s nominee. The General Manager shall appoint at least one out of them asthe Contractor’s nominee and will also simultaneously appoint the balance number of Arbitrators eitherfrom the panel or from outside the panel, duly indicating the presiding Arbitrator from amongst the 3Arbitrators so appointed. While nominating the Arbitrators till be necessary to ensure that one of them isfrom Accounts Department. An Officer of Selection Grade of the Accounts Department shall beconsidered of equal status to the officers of SA Grade of other Departments of the Railways for thepurpose of appointment of Arbitrators.(iii) In one or more of the Arbitrators appointed as above refuses to act as Arbitrator, withdraws from hisoffice as Arbitrator or vacates his/their office/offices or is/are unable or unwilling to perform his functionsas Arbitrator for any reason whatsoever ordies or in the opinion of the General Manager fails to act without undue delay, the General Manager shallappoint new Arbitrator/ Arbitrators to act in his/their place in the same manner in which the earlierArbitrator/ Arbitrators had been appointed. Such reconstituted Tribunal may, at its discretion, proceedwith the reference from the stage at which it was left by the previous Arbitrator(s).(iv) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise asthe Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to bedone all such things as may be necessary to enable the Arbitral Tribunal to make the award without anydelay.(v) While appointing Arbitrator(s) under sub-clause (i), (ii) and (iii) above, due care shall be taken thathe/they is/are not the one/those who had an opportunity to deal with the matters to which the contractrelates or to who in the course of his/their duties as Railway servant(s) expressed views on all or any ofthe matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made bysuch Tribunal will however, not be invalid merely for the reason that one more Arbitrator had in the courseof his service, opportunity to deal with the matters to which the contract relates or who in the course ofhis/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 sum and reasons upon which it is based.(ii) A party may apply for corrections of any computational errors, any typographical or clerical errors orany other error of similar nature occurring in the award and the interpretation of a specific point of awardto Tribunal within 30 days of receipt of the award.(iii) A party may apply to tribunal within 30 days of receipt of award to make an additional award as toclaims presented in the arbitral proceedings but omitted from the arbitral award.64. (4) In case of the Tribunal consisting of three members, any ruling or award shall be made by amajority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitratorshall prevail.64. (5) Where the arbitral award is for the payment of money, no interest shall be payable on whole orany 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 interalia includefee of the arbitrator(s) as per the rates fixed by the Railway Administration from time to time.64. (7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rulesthere under and any statutory modifications thereof shall apply to the arbitration proceedings under thisclause.

65. Demand for Arbitration :-(1) In the event of any dispute or difference between the parties here to as to the construction oroperation of this contract, or the respective rights and liabilities of the parties on any matter or question,dispute or difference on any account or as to the withholding by the Railways fails to make a certificate towhich the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days,then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 63 of theseconditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputedmatters, shall demand in writing that then dispute or difference be referred to arbitration.


(2) The demand for arbitration shall specify the matters, which are in question or subject of the dispute ordifference as also the amount of claim item-wise. Only such dispute(s) or difference(s) in respect of whichthe demand has been made, together with counter claims or set or shall be referred to arbitration andother matters shall not be included in the reference.(a) The arbitration proceedings shall be assumed to have commenced from the day written and validdemand for arbitration is received by the Railway.(b) The claimant shall submit his claim stating that the facts supporting the claims along with allrelevant documents and the relief or remedy sought against each claim within a period of 30 days fromthe date of appointment of the Arbitral Tribunal.(c) The Railway shall submit its defence statement and counter claim(s) in any within a period of 60days of receipt of copy of claims from Tribunal thereafter, unless otherwise Tribunal has grantedextension.(2) Either party shall add no new claim during proceedings. However, a party may amend orsupplement the original claim or defence thereof during the course or arbitration proceedings subject toacceptance by Tribunal having due regard to the delay in making it.(3) If the contractor(s) does /do not prefer his / their specific and final claims in writing, within aperiod of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his / their claim(s) and the Railway shall be discharged and releasedof all liabilities

66. Cranes special:- Deleted

67. Wiring train :- No wiring train will be provided by the purchaser and contractor will have to get thewiring done manually through his own jigs and machines developed to facilitate rolling out of conductorand its subsequent hanging on cantilevers from drums of wires without damaging wires.

68. Contractor’s organization :- In addition to the establishment of an office, the Contractor shall set upat least one main depot for receiving and storing steel work and other materials and establish a workshopfor small fabrication and assembly work, if considered necessary by the Contractor. If he and thePurchaser deem it necessary, sub-depots may be set up to ease operation of work trains and distributionof materials. The Purchaser and the Contractor will mutually agree the location of Contractor’s depot andsub-depots. For the main and sub-depots, the Purchaser shall offer open space reasonably level andworkable and suitable for storage of materials free of charge, inside Railway premises, which will beconvenient from the point of view of operation. The depot/s shall be as far as possible be located such asto be accessible by road. The contractor will be responsible for proper upkeep/cleanliness of depot areaand after completion of the contract will return back to Railways the depot area to the satisfaction of thepurchaser.Note :- (i) The Contractor will be responsible for transfer of materials from source of supply to the main orsub-depots, between depot(s) and workshops except where otherwise stated. If wagons are required, thePurchaser will use his good offices for expeditious allotment. The Contractor will be responsible for allloss and/or damage in the transfer of materials and for demurrage or Wharf age he may incur, and noloss/damage or expenses incurred on this account will be reimbursed by the Purchaser.(ii) The Contractor shall arrange at his own cost all tools, plants and facilities as necessary for erectionand testing of the equipments, in compliance with the Specification. The contractor at his own expenseand approach shall arrange water and electricity. Conservancy cess charges will be recovered from theContractor. The Tenderer should take note of this while quoting rates.

69. Contractor’s drawings etc. :- Any calculations, designs, drawings, schedules, information, data,progress charts etc. required by the Purchaser’s Engineer in connection with the contract shall befurnished by the Contractor at his own expenses. The Contractor will not be required to furnish drawings,designs and calculations etc. for basic designs and employment schedules provided by the Purchaser incase no modification/deviation is required for a particular basic design/employment schedule. In case ofnew developments in designs, comments on Research Designs and Standards Organization (hereinaftercalled RDSO) basic drawings/designs/employment schedules will be submitted by the contractor to thePurchaser. If the RDSO’s drawings/designs/employment schedule is not revised, Contractor need notsubmit drawings/designs/employment schedules to the purchaser. In the event of Contractor suggestingany alteration/deviation in standard drawings, he shall submit the retraced drawings with full calculations


and justification of the change to the Purchaser. The Purchaser if convinced of the need of the alterationshall approach RDSO for necessary approval.

70. Contractor’s responsibility for discrepancy: -(a) All designs and drawings submitted by the contractor shall be based on a thorough study and shall besuch that the contractor is satisfied about their suitability. The Purchaser’s approval will be based onthese considerations, notwithstanding the approval communicated by the Purchaser, during the progressof the contract for designs and drawings, prototype samples of components, materials and equipmentafter inspection of materials, after erection and adjustments to installations, the ultimate responsibility forcorrect design and execution of work shall rest with the contractor unless the Purchaser insists onadoption of his own designs in spite of the contractor not being agreeable to it.(b) The contractor shall be responsible for and shall bear and pay the costs for any alteration of worksarising from any discrepancies, errors or omissions in the designs and drawings supplied by him, whethersuch designs and drawings have been approved by the Purchaser or not.

71. Safety measures:-(a) The contractor shall take all precautionary measures in order to ensure the protection of his ownpersonnel moving or working on the Railway premises, but shall then confirm to the rules and regulationsof the Railway. If and when, in the course of the work there is likely to be any danger to persons in theemployment of the contractor due to running traffic while working in the Railway siding and premises, thecontractor shall provide necessary protection i.e. Flagmen, Flag etc. required in block working.Competency for the above shall, however be given by the Railway authorities. The purchaser shallremain indemnified by the contractor in the event of any accident occurring in the normal course of work,arising out of the failure of the contractor or his men to exercise reasonable precaution at all places ofwork.(b) Blasting of rock for foundation work shall be done only after due notice is given to the purchaser andtime/s and date/s for blasting operations agreed to by the purchaser. Blasting, if required to be done inthe vicinity of the track, shall not be undertaken until the purchaser’s flagmen on duty take necessarysteps to protect trains and the contractor against damage adequately protects the track by blasted rock.The contractor shall follow detailed instructions which will be issued to him regarding blasting operationsin the vicinity of tracks. The Purchaser will appoint the flagmen for protection of trains and the Track insuch cases and no expenses on this account will be charged from the contractor.(c) During stringing operations every care shall be taken to prevent conductors hanging low over trackson which traffic block has not been given. All conductors shall be pulled out before traffic block is clearedso that such conductors do not infringe with moving traffic.(d) Ladder trolleys shall be used with caution. They shall not be put on tracks until the flagmen are onduty to protect the trolleys and the purchaser’s representative authorizes in writing for the trolleys to beput on the tracks. Ladder trolleys shall be promptly removed on instructions from the purchaser’srepresentative and well in advance of trains. No claims shall rest on the purchaser in the event of aladder trolley being run over by train. The contractor will provide the flagmen for the above job.(a) The contractor shall abide by all Railway regulations in force for the time being and ensure thathis representatives, agents or sub-contractors or workmen follow the same. He shall give due notice tohis employees and workers about provision of the para.(b) While working within station limits, especially on passenger platforms, the contractor shall ensurethat at all times sufficient space is left for free movement of passenger traffic. He must cover and/orbarricade the excavations carried out in such areas and continue to maintain these till the work iscompleted, with a view to avoid any accident to public or to Railway staff.(c) The work must be carried out most carefully without any infringement of the Indian Railway Act orthe General and Subsidiary Rules in force on the Railway in such a way that they do not hinder RailwayOperation or affect the proper functioning or damage any Railway equipment, structure or rolling stockexcept as agreed to by the purchaser, provided that all damage and disfiguration caused by thecontractor to any Railway property must be made good by the contractor at his own cost failing which costof such repairs shall be recovered from the contractor.(d) If safety of track or track drainage etc. is affected as a consequence of works undertaken by thecontractor, the contractor shall take immediate steps to restore normal conditions. In case of delay, thepurchaser shall, after giving due notice to the contractor in writing, take necessary steps and recover thecosts from the contractor.


(e) Moreover, if any time the works to be carried out directly concern the safety of trains, thecontractor’s staff must comply fully with Railway regulations given to him by the authorized Railway staff.The contractor’s employees and workers may for no reason operate an installation concerning train safetyor train movement. They shall notify the authorized representative of the purchaser who will take allnecessary steps in this regard.(f) The contractor shall be responsible for safe custody of all equipments till provisionalacceptance.(k) The contractor’s liability to meet third party claims of the type outlined above will be applicableonly in cases where accidents have been caused by bad design, workmanship, material or negligence onthe part of the contractor and further the liability of the contractor will be limited to Rs.25 lakhs for any oneaccident.(l) The contractor shall ensure that un-authorized, careless or inadvertent operation of switch gear,which may result in accident to staff and/or damage to equipment, does not occur.(m) The contractor shall abide by all instructions issued by the purchaser from time to time inconnection with protection/safety of track/Railway installations/personnel as well as quality control. Thecontractor should not leave the excavated pits unfilled overnight. Due to any reason if it becomenecessary to leave the pit unfilled overnight, it should be filled back effectively with sand bags to thesatisfaction of the purchaser’s representative.

72. Defective equipments to be changed:-(a) Notwithstanding the issue of Provisional Acceptance Certificate and partial or full use of anyequipment, if the completed equipment or any portion thereof before it finally taken over at the end of theguarantee period be found to be or to have become defective in course of usage by the Railway due tofaulty material, design or workmanship, or otherwise fails to fulfill the requirement of the contract and/or itspurpose, the purchaser shall normally give the contractor prompt notice setting forth the particulars ofeach defects or failure and the contractor shall forthwith make the defects good or modify or replace theequipment, as may be directed by the purchaser’s Engineer, at his own cost in all respects to makecomply satisfactorily with the said requirements. Should the contractor fail to do within a reasonable timethe service of the said notice upon him or should time not permit of service of such notice, the purchasermay repair or reject and replace the whole or part of such defective equipment as the case may be, at thecost of the contractor. The contractor’s full liability under this clause shall be satisfied by the payment tothe purchaser of the extra total cost, if any, of such replacement delivered and erected as provided for inthe original contract, such extra cost being the ascertained difference between the price paid by thepurchaser under the provisions above mentioned for such replacement and the contractor’s price for theplant so replaced, plus the sum, if any, paid by the purchaser to the contractor in respect of suchdefective equipment. Should the purchaser not so replace the rejected equipment within a reasonabletime, the repayment by the contractor of all money paid by the purchaser to him in respect of suchrejected equipment shall satisfy the contractor’s liability under this clause. Rejected/defective materialsshall be returned to the contractor to the extent possible.(b) Provisions of this para will apply only in respect of the equipments and components supplied by thecontractor or his sub-contractor.

73. Use of rejected equipment/material :- In the event of such rejection as aforesaid, the purchasershall, without prejudice to his other rights and remedies and, in particular, without prejudice to his rightunder the clause just preceding, be entitled to the use of the rejected equipment/materials for a timereasonably sufficient to enable him to obtain other replacement equipment. During such period, if therejected equipment/materials is used commercially, the contractor shall not be entitled to the payment onenergisation until such rejected equipment/materials is rectified and/or replaced, but the purchaser shallnot be entitled to claim any damages arising out of rejected equipment/materials in respect of suchperiod.

74. Rly's materials to be issued to contractor for the worka) Either free of charges or on payment as the case may be will be used by the contractor for the work insuch quantities as are indicted in the schedule or in relevant specifications or drawing or as approved bythe Engineer whose decision there on shall be final, wastage of or damage to such material in anymanner shall totally avoided. If any quantity of the Rly's material is consumed in excess or wasted ordamaged or lost or not satisfactory accounted for in that case, recovery will be made from the contractorat the respective market rate or book rate which ever is higher plus 5 % freight & 2 % incidental chargesplus 12 % supervision charges on overall cost of materials consumed in excess or wastage, damaged,


lost or not satisfactorily accounted in for in accordance with Para’s 2327 to 2329 of the Indian Rly's codefor stores department.b) If the contractor runs short of material and such material are available in purchasers stock the materialmay be supplied by the purchaser on loan to the contractor who will return this on receipt of supplies orwithin two months whichever is earlier. The value of loan material would be computed by thepurchaser based on scheduled rates and equivalent amount would be withheld from the subsequentprogress payment due to the contractors. In case the contractors fails to return the material within thestipulated two months period from the date of loaning of material, the material loaned earlier would betreated as sold. The recovery of the value of the sold material would be on the basis of the issue rates ormarket rate prevailing at the time of supplies or market rate at the end of two months period, whichever ishigher, plus 5 % fright charges and 2% incidental charges together which supervision charges @ 12.5 %of the total cost inclusive of material, fright and incidental charges of schedule III rates whichever ishigher. The recovery shall be made for any bill submitted by the contractor subsequently duly adjustingthe above referred withheld amount, if any on account of loaning material. However, in case the loanmaterial is returned within the stipulated six months or earlier, the withheld amount from the progresswould be released.c) To prevent mistakes and non implementation of contractual provision, the following step may be taken

during execution of work.(i)Erection payment of loan material shall be withheld, till the material is returned back.(ii)The erection quantity has to be less than or equal to supply quantity in all bills.(iii)Store supervisor should certify that, “No loan material is given to contractor/ or the material givenon loan to the contractor is as per the details given here “. This certificate shall be make compulsoryon every bill of contractors

d) RECOVERIES FROM THE CONTRACTOR(i) All the recoveries for material supplied and services rendered by the purchaser to the contractor and

other refunds due from the contractor self unless otherwise specified, ordinarily be made bydeduction from payments due to the contractor covering the value of supply and erection in theprogress payment for erection and from payment on provisional acceptance.

(ii)The cost of the materials supplied by the purchaser will be recovered by the full by the purchaser atrelevant price in schedule of work or book rate or last purchase rate whichever is higher, to the extentof requirement of such material from the payment to be made as per the extent rule.

(iii) The cost of the material if supplied will be recovered by Rly as per the extent rule.(iv) The martial supplied shall be covered by the standing indemnity bond.e) The contractor should be present at site at the time of execution work. In case a contractor desires to

leave the site, he should depute his authorized representative at site after obtaining prior approval ofSr. DEE/TD/NGP.

75. Issue of identity cards by contractors:-(i) The contractor is bound to issue identity card to each and every person employed by the him anddeployed for execution of the contract work as per the prescribed format provided in the tender documentat his cost. Failure on the part of the contractor to issue identity card to their employees will be treated asbreach of contract conditions and therefore will be dealt as per clause no. 62(VII) of GCC.(ii) It is mandatory on the part of every employee, deployed by the contractors to keep in his possession;the identity card issued by the contractor through out the execution of the work failure to posses suchidentity will be treated as unauthorized presence in the Railway premises. Such person shall be liable forprosecution as per law.

(iii) It is mandatory for the contractor to submit the list of employee issued with the identity card anddeployed for execution of the particular contract, to the Railway's Engineer at site before commencementof the work and also for any subsequence changes made during the execution of work.(iv) No claim whatsoever arising out of implementation of special condition pertaining to issue of identitycards shall be admissible.

76. Employment of Graduate/Diploma holders by contractor for Railway works :- Employment ofstaff”

(a) The contract is liable for cancellation if either the contractor himself if or any of his employee is foundto be a person of Gazetted rank of Engineering Department which includes Civil, Mechanical,


Electrical, signal & Telecommunications department of Railway whether pensionable or non-pensionable who after retirement has sough engagement as contractor for or in connection with theexecution of public works whether on Railway, P.W.D. or defence forces or as an employee of suchcontractors within 2 year of his retirement without obtaining the permission of the president of Indiabefore taking up such engagement or employment.

(b) The contractor shall employee the following technical staff during the execution of the work.i) At least one Graduate electrical/ Electronics engineer when the cost of the work to be

executed is Rs. 50 lakhs and above.ii) At least one qualified electrical/electronics diploma holder when the cost of the work to

be executed is more than Rs. 10 Lakhs but less than Rs.50 lakhs.c) Technical staff should be available at site whenever required by the engineer- in- charge to take

instructions. In case the desired level of technical staff fails to take instruction of the engineer-incharges, contractor, contractor shall be liable to pay a reasonability amount to the Railway notexceeding sum of Rs 5000/- (Rupees Five thousand only) for each calendar months or part thereof for default in case of graduate engineer and Rs. 2500/- (Rupees two thousand five hundredonly) for each calendar months or part there of for default in case of Diploma holder.

d) The decision of the engineer-in charges as to the period for which required technical staff was notemployed by the contractor and as to the reasonableness of the amount to be deducted from thecontractor, shall be final & binding on the contractor.

e) The contract is liable to be terminated in case of persistent failure to engage suitable technicalstaff by the contractor.

77. Defaults and Delay :- The contractor shall execute the work with due diligence and expedition,keeping to the approved time schedule. Should he refuse or neglect to comply with any reasonableorders given to him in writing by Rly's Engineers in connection with the work or contravene the provisionsof the contract or the progress of the work lags persistently behind the time schedule due to his neglectthe Railway shall be at liberty to give 7 days notice in writing to the contractor to make good the neglector contravention complained of & should the contractor fail to comply with the requisitions it shall belawful for the Railway to take the work wholly or part out of the contractor's hands without any furtherreference and get the work or any part thereof, as the case may be completed by other agencies at theexpense of the Contractor without prejudice to any other right or remedy of the Railway.

78. Use of contractor’s vehicles and equipments for disaster management: - Vehicles andequipments of contractors with railways can be provided/asked to be deployed by Railway administrationat its discretion incases of accidents/natural calamities involving human lives. In case it is seen that thecontractors have shunned their responsibilities in case of disaster involving human lives, they may belevied penalties as decided by Railway administration or their contract can be rescinded as therequirement of Railway administration in such case are for large public interest.

79. Advice of acceptance to Tender: - The Sr.DEE/TD/Nagpur will notify the successful tenderer inwriting for the acceptance of his Tender. The letter communicating the acceptance will be sent byRegistered Post on address furnished by the Tenderer.

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PART – II (iii)

ARBITRATION

In the event of any question, dispute of difference arising under this conditions or in connectionwith this contract (except as to any matter the decision or which is specially provided for these conditions)the same shall be referred to the sole arbitration of the Gazetted Railway Officer appointed to be thearbitrator, by the General Manager, Central Railway, The Gazetted railway Officer to be appointed asArbitrator, however, will not be one of those who had opportunity to deal with the matters which thecontract relates or who in the course of his duties as Railway servant has expressed views on all or anyof the matters under dispute of difference. The award of the arbitration shall be final and binding on theparties to this contract.

In the event of arbitrator dying, neglecting or refusing to act or resigning or being unable to act forany reason or his award being set aside by the court for any reason, it shall be lawful for the authorityappointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manneraforesaid.

It is further a term of this contract that no person appointed by the authority as aforesaid shouldact as Arbitrator.

The cost of Arbitration shall be borne by the respective parties. The cost of Arbitrator shallinteralia include fee of the Arbitrator, as per the rates fixed by the railway administration from time to time.

Where the Award is for payment of money. No interest shall be payable on whole or any part ofthe money for any period till the date on which the award is made.

Subject as aforesaid, the Arbitration & Conciliation Act 1996, and the rules there under and anystatutory modifications thereof shall apply to the arbitration proceedings under this clause.

The venue of arbitration shall be the place from which the acceptance letter is issued theContract Agreement is signed or such other place as the Arbitrator at his discretion may determine.

In this section the authority, to appoint the Arbitration includes, is there be no such authority, theofficer who is for the time being discharging the functions of that authority, whether in addition to otherfunctions or otherwise.

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PART - II (iv)“AGREEMENT”

Agreement No.___________________________________dated___________Two thousand_____between The President of India acting in the premises, through Sr. Divisional Electrical Engineer, CentralRailway, Nagpur (hereinafter referred to as PURCHASER of the one part and M/s. _____(hereinafterreferred to as “The contractor” of the other part, whereas in response to call for tenders for _____as perTender No.___at Annexure. “A” hereto, the contractor has submitted a Tender No.______dated_______ as Annex – “B” hereto and further clarification/ validity vide contractors letterNo.______dated__and negotiated offer of contractor vide L.No.______dated______ as Annexure – “C”hereto and whereas the said Tender of the contractor has been accepted as per letter of AcceptanceNo._______ dated__________. Complete with enclosures indicating the accepted rates, counter offer forcertain items and deviations from submitted/ negotiated tender No.________as per Annexure – “D”hereto and at an accepted contract value of Rs._____ (Rupees_____________ only). The deviation/counter offer have been accepted by the contractor vide his letter No._________ dated ________ as perAnnexure – “E” hereto.Date of completion.________________.

Now this Indenture Witnessed that in consideration of the premises and the payment to be made by thepurchaser to the contractor provide for herein, the contractor shall supply all materials and execute andwill fully perform the said works in the said schedule set forth for which the said Tender of the contracthas been accepted, and shall execute the same with great promptness care and accuracy in a workmanlike manner to the satisfaction of the Railway and will complete the same in accordance with theAnnexure- “A” & “D” hereto and upon such supply, execution and performance to the satisfaction of thepurchaser, the purchaser shall pay to the contractor at the rates accepted as per said Annexure – “D”and in terms of the provision therein. on or before the __________________and will maintain the saidworks for a period of ____ calendar months from the certified date of their completion and will observe,fulfills and keep all the conditions therein mentioned (which shall be deemed and taken to be part of thiscontract as if the same had been fully set forth herein) and the Railway both hereby agree that if thecontractor shall duly perform the said works in the manner after said and observe and work and keep thesaid terms and conditions the Railway will pay or can so to be paid to the contractor for the said works onthe final completion thereof the amount due in respect there of at the rates specified in the scheduleshereto annexed.In witness where of the parties have been into set and subscribed their respective hands and / or sealsthe day month and year respectively mentioned against their respective signatures.Signed and delivered at Nagpur by Shri________________________________________for and onbehalf of M/s._____________________________ contractor within named in the presence of

Proprietor(Signature of the contractor)

Witness signature. Witness signature.Name in BLOCK CAPITAL. Name in BLOCK CAPITAL.Address. Address.

Signed and delivered at Nagpur for and on behalf of the President of India byShri______________________________________________ Senior Divisional ElectricalEngineer(TD),Central Railway , Nagpur in the presence of

Signature ofShri………………………………For and on behalf of thePresident of India

Witness signature. Witness signature.Name in Block Capital & address Name in Block capital & address.


PART – II (v)MODEL FORM OF BANK GUARANTEE BOND

1.In consideration of the President of India (thereinafter called the Government) having agreed to exemptM/s.___________________________________________________________________ (herein aftercalled the said Contractor(s) from the demand, under the terms and conditions of an Agreementdated________________________________________madebetween____________________________and for __________________(hereinafter called the saidAgreement of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditionscontained in the said Agreement, on production of a bank guarantee for Rs._______________(Rupees_________________________________________________only).

We __________________________________(hereinafter referred to as “The Bank”)(indicate the nameof the bank) at the request of _________________________ Contractor(s) do hereby undertake to payto the Government an amount not exceeding Rs._________________against any loss or damagecaused to or suffered or would be caused to or suffered by the Government by reason of any breach bythe said Contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We _______________________________________________________________do herebyundertake

(indicate the name of the bank)to pay the amounts due and payable under this guarantee without any demand merely on a demand fromthe Government stating that the amount claimed is due by way of loss or damage caused to or would becaused to or suffered by the Government by reason of breach by the said contractor(s) of any of theterms or conditions contained in the said Agreement or by reason of the contractor(s) failure to performthe said Agreement. Any such demand made on the bank shall be conclusive as regards the amount dueand payable by the Bank under this guarantee. However, our liability under this guarantee shall berestricted to an amount not exceeding Rs.__________________________________________________.

3. We undertake to pay to the Government any money so demanded not outstanding any dispute ordisputes raised by the Contractor(s) supplier(s) in any suit for proceeding pending before any court ofTribunal relating thereto our liability under this present being absolute and unequivocal.The payment so made by us under this bond shall be a valid discharge of our liability for paymentthereunder&the contractor(s)/Supplier(s)shall have no claim against us for making such payment.

4. We________________________________________________________________furtherAgreement that the( indicate the name of the bank guarantee) herein contained shall remain in full forand effect during the period that would be taken for the performance of the said Agreement and that itshall continue to be enforceable till all the dues of the Government under of by virtue of the saidAgreement have been fully paid and its claims satisfied or discharged ortill_________________________Office/ Department) Ministry of certified that the terms and conditions ofthe said Agreement have been fully and properly carried out by the said Contractor(s) and accordinglydischarges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on orbefore the _____________________________ we shall be discharge from all liability under thisguarantee thereafter.

5. We _______________________________________________________further agree with the( indicate the name of the bank )

Government that the Government shall have the fullest liberty without our consent and without affecting inany manner our obligations hereunder to vary any other terms of performance by the said contractor (s)from time to time or to postpone for any time or from time to time any of thepowers exercisable by the Government against the said Contractor (s) and to for bear of enforce any ofthe terms and conditions relating to the said agreement and we shall not be relieved from our liability byreason of any such variation, or extension being granted to the said Contractor (s) for any forbearance,act or omission on the part of the Government or any indulgence by the Government to the saidContractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would,but for this provision, have effect of so relieving us.

This guarantee will not be discharged due to the change in the Constitution of the Bank or theContractor (s) /supplier (s).


6. We ________________________________________________________ lastly undertake not(indicate the name of the bank)

to revoke this guarantee during its currency except with the previous consent or the Government inwriting.

Dated the ________ day of __________________For ______________________________________

(indicate the name of the bank)


PART – III (i)SCHEDULE OF PRICES AND QUANTITIES

TENDER NOTICE NO: NGP.ELECT.TRD. 30 .2015 DTD. 15.03.2016NAME OF WORK: Hiring of one no. truck for breakdown material, loading unloading

material (TATA / Ashok Layland or similar) for SSE/TRD/AQ underthe jurisdiction of ADEE.TRD.NGP for two years.

Sr.NO. Description Qty Unit Unit

Rate Total

1

Hiring of lorry /truck in good workingcondition for a capacity of not less then6.00 tonne with long chassis fortransporting of all types of OHE/PSImaterials etc for the period of two years toany place over C. Rly. With overall 1000Kms per month per vehicle with contractorsvehicle, driver consumable such as diesel,petrol, engine oil etc. including all regularmaintenances, repair works including alltaxes etc. as directed by depot in charge.

24000 Kms 55.89 1341360

2

Rates to be paid for each Kms beyond1000 Kms after averaging of distance coverby vehicle for any three consecutive monthdistances.

1500 Kms 12.42 18630

Total 13,59,990

Offer sheet:I/We M/s ____________________________________________ offer to carry out the work mentioned inthe above schedule at the rate of _______________________ % Above/Below/At par (in words)_________________________________________% Above/Below/At par. (Please tick the applicableand strike off whichever is not applicable.

Note: 1) All the work is to be carried out as per tender technical specification, scope ofwork and special condition attached.

2) The tenderer are requested to quote the rats inclusive of all sales tax, VAT, service tax,Octori ,Royalties or any other taxes & duties whatever leviable by government (Stateor Central )or any other statutory Body.

3) Tenderer condition regarding extra payment on above account will not be considered &rates quoted by the Tenderer will be taken as inclusive of all taxes & duties asliable by State government, central Government & any other statutory Body.

Signature of Tenderer Sr.DEE/TRD/NGP


DETAILED TECHNICAL SPECIFICATION FOR SCHEDULE ITEMS

ADVICE TO THE CONTRACTOR:While quoted the rates by the contractor it should be noted that this rate shall includethe following:

a. All maintenance expenditure of vehicle i.e. major and minor repairs required forgood running of the vehicle, lubricant, and all consumables.

b. Salary, Cell phone, uniform and other charges of the driver.c. All payment to RTO, labour authorities, local and municipal authorities, taxes, levies,

fees and all other charges which are necessary of the continuance of service underthis contract.

d. All the charges of fuel, oil maintenance, break down or any other charges incidentalupon the running of the vehicle.

e. The rate is inclusive of any increase in fuel price during currency of contract.No extra claim on this account will be entertained.

Schedule item No. 1 :Hiring of lorry /truck in good working condition for a capacity ofnot less then 6.00 tonne with long chassis for transporting of alltypes of OHE/PSI materials etc for the period of two years to anyplace over C. Rly. With overall 1000 Kms per month per vehiclewith contractors vehicle, driver consumable such as diesel,petrol, engine oil etc. including all regular maintenances, repairworks including all taxes etc. as directed by depot in charge.

The price shall cover providing of licensed four wheeler vehicle having valid license for usetransporting of all types of OHE/PSI materials etc in good working condition along withcontractor's driver, providing fuel and maintenance complete in all respect on demand andminimum payment of guaranteed distance of 1000 Kms. per month. The vehicle should beTATA / Ashok Leyland or similar make / latest model in good working conditions. The back sideof vehicle should be with covered body arrangement for keeping the materials in good conditionand with sitting arrangement for OHE /PSI maintenance staff .The vehicle should be kept innominated depot in covered shed. The covered shed will be provided by Rly. The vehicleshould be available to the Railway with driver, fuel, Engine oil, etc. around the clock on all daysof a week irrespective of holidays. If required Railway may also utilize the vehicle beyond thesehours, which will be indicated a day in advance. Contractor should give the Mobile Nos andresidential addresses of the drivers nominated by him and shall ensure that driver can be calledat any time round the clock on any day .The driver should be provided a mobile phone withincoming and outgoing call facility.

Schedule item No. 2-- Rates to be paid for each Kms beyond 1000 Kms after averagingof distance cover by vehicle for any three consecutive monthdistances.

The price shall cover the rates per KM for any consecutive month over the stipulated 1000 KMs/months


SPECIAL CONDITION FOR HIRING OF VEHICLEHIRING CONDITION

TENDER NOTICE NO: NGP.ELECT.TRD.30.2015 dt.15.03.2016Name of Work: -Hiring of one no. truck for breakdown material, loading unloading

material (TATA / Ashok Layland or similar) for SSE/TRD/AQ underthe jurisdiction of ADEE.TRD.NGP for two years.

============I) The Contract shall be valid for the period of two years.ii) The vehicle should not be more than 07 years old on the date of operation of contract.

The vehicles shall be only less than 07 years old on the date of contract but should bein good fettle , mechanically sound and decent maintained with neat & clean seat coveretc.

iii) The rates mentioned shall be all inclusive and no other charges will be paid except theparking charges wherever levied on production of original parking coupons

iv) The contractor shall be responsible for providing the required number of vehicles at anytime, even at short notice. The services should be available round the clock.

v) The driver of the vehicle will mentioned log-sheet as per specimen provided by C.Rly. Inrespect of each vehicle.

vi) The hired vehicle is not owned by any Rly. Officer/staff or by their family members in fullor part share basis.

vii) The contractor shall ensured that the tank of all vehicle supplied or fully filled up withdiesel/petrol/CNG before these are sent for duty .

viii) Vehicle must be carried proper sticker of Govt. of India on front and back side.ix) During the currency of contract, vehicle cannot be used for any other purpose except for

C. Rly.x) The Contractor shall ensure that the all the drivers shall have live mobile phone

connection so that they can contactable whenever required.xi) The driver provided by contractor should be suitably dressed well mannered and well

acquainted with the area .He shall attend the duty on time in proper and clear uniformwith name badge with valid driving license.

xii) Bill for supply of vehicles for any month alongwith signed duty slip and log sheet by theuser shall be prepared in the 1st week for the following months for payment.

xiii) The contractor shall ensure that vehicles and drivers are dedicated to the officer withwhom vehicle is attached and changed only with their prior concerned and with advicenotice of at least 3 days, except in emergencies. Frequent changing of drivers andbringing of drivers from far off places without proper knowledge of rods and driving skillshall not be resorted to:

xiv) The penalty for some of the defaults is as under:a: Late reporting Rs. 100/- per dayb: Non reporting Rs. 500/- per dayc: Refusal of duties Rs. 500/- per instanced: Non observation of dress code Rs.100/-per instancee: Change of driver without prior

Intimation/providing improper drivers Rs.500/- per instancef: In case of non reporting the per day rent for vehicle on pro rate basis will be

deducted a part of the above penalty.


xv) ARBRITATION –The contract agreement should be governed by clause No. 63 & 64 ofGCC pertaining to settlement of dispute/ arbitration.

xvi) The contractor have shall to submit list of all vehicle proposed to be supplied by themindicating their make, registration No. Model type of fuel consumed by each vehiclealong with their letter of acceptance of this offer.

xvii) The contractor shall be fully responsible for safe running of vehicle. Central Railway willnot be responsible for nay loss, damges, repairs, maintenance or accident to the vehicleor drive.

xviii) Central Railway Administration in no case is responsible for any legal matter arising ofany State/ Central Govt. laws in the matter of employment of the driver by owner of thevehicle or in respect of any other matter.

xix) Minimum wages to the driver and other statutory obligations shall be met by thecontractor at his own cost.

xx) The contractor in addition to the indemnity provided by law shall indemnify the Railwayadministration against all liability whatsoever to pay compensations under workmancompensation act as amended from time to time in respect of any accident/ injury to anylabour employed by him under this contract or compensation in respect of any claimarising out of or in the courts of employment under this contract.

xxi) The contractor shall not assign or sublet the contract or any part thereof or allow anyperson to become interested their in any manner whatsoever without the permission inwriting of the Railway . Any breach of this condition shall entitled the Railway to rescindthe contract and also render the contractor liable for payment to the Railway of any lossof damage arising or ensuring from such cancellation.

xxii) The vehicles should be insured against accident etc. as per rules and statutoryobligations.

xxiii) The quantity shown in the schedule approximate and need to give the tenderers anidea of the quantities of work involve. The Railway results the right to add or delete anyitems and to increase /decrease the quantities by 25 % . Relevant paras of GCC andrelevant Rly. Boards instructions on the subject shall be made part of the tender booklet.

xxiv) Standard GCC of C. Rly. along with latest Rly Boards directives will be applicable in thiscontract. Earnest money, Security deposit & Performance Guarantee and any chargeslivable shall be recovered as per rules.

xxv) Not withstanding anything contain in the other clauses of the agreement in the event ofunsatisfactory service or any failure / breach at any time by the contractor of the termsand provision of the agreement , the contract shall be terminated forfeiting the depositsi.e. PBG/SD etc. of the contractor and contractor shall have no claim whatsoeveragainst the administration in consequence of such termination of the contract . Relevantparas of GCC and relevant Rly. Board instruction on the subject shall be made part ofthe tender booklet.

xxvi) The Contract Agreement should be governed by the clause No. 61 -62 of CGG ofcontract pertaining to determination of contract.


xxvii) (a) Price variation clause shall be applicable as under: -

Revision of the fare /rates due to increase/decrease in the petrol /Diesel/CNG pricesshall be considered by C.Rly. Administration (who has entered into the contract or whois operating the contract.) If the increase/decrease if more than 5% with respect to fuelprice rates applicable on the date of opening quotation/ tender . Incase theincrease/decrease is beyond 5% any time with respect to fuel price rates applicable onthe date of opening of tender, the rates shall be increase/decrease ¼ of the %increase/decrease in the fuel prices . For this purpose firms are bound to furnished listof Petrol/Diesel/CNG driven vehicle supplied by them on a monthly basis. Thisstatement must indicate Petrol /Diesel/ CNG vehicles separately and must be sent to C.Rly. Administration along with their monthly bills. In the absence of declaration noincrease on account fuel will be permissible.

(b) PVC May be made effective in all tenderers as per original hiring policy . If in tendernegotiation has taken place than the date of negotiation needs to be specified as basedfor calculation of PVC.

xxviii) (a) The average running of vehicles may be more 1500/2000KMs (as applicable ) in amonths (monthly basis) and the duty hours may also exceed the limit of 320 hours ina months (monthly basis) . Normal period of working for monthly hire package will be8.00 hrs. to 20.00 hrs. The timing of the twelve hours period of working may very basedon actual requirement of Rly. administration on day-to day basis.

b) The vehicle shall normally be made available by the contractor for 26/27 days in amonth irrespective of Saturdays, Sunday and other Holidays as per requirement ofoffice.

c)However some times vehicles may require more than 26/27 days ina month.Accordingly the contractor has to ensure weekly rest/Off to drivers. No additionalpayment up to 26/27 days working in a month will be paid .However extra paymentwould be paid on per kms/hrs basis if the monthly mileage/hours were more than 1500kms/320 hrs. or 2000kms/320 hrs. Payment for the days absent in the month will bededucted predominantly from monthly charges in additional to the penalty and othercharges if any as per para (xiv).

(d) Payment for extra KMs and extra hours ,if any will be payable monthly.xxix) Whenever there is any conflict between the GCC and special condition of contract the

latter shall prevail.

xxx) Service tax registration number to be made mandatory for all bidders and to be included inthe tender document.

xxxi) Contractor shall quote a lump sum monthly rate of hiring of the vehicle. This rate shallinclude the following.

a) All maintenance expenditure of vehicle i.e. minor and major repairs required for goodrunning of hrs vehicle, lubricants and all consumables.

b) Salary, cell phone, uniform and other charges of the driver.c) All payment to RTO, labour authorities, local and municipal authorities’ taxes levies

fees and all other chargesd) All the charges of fuel oil maintenance break down or any other charges incidental

upon the running of the vehicle.


xxxii) The inner and outer condition of the vehicle should be clean. The vehicle will displayprominently “Govt. of India (On duty)” through permanent placards. In case thecontractor fails to comply above conditions a penalty of Rs. 500/- per day will beimposed.

xxxiv) Copy of all papers of vehicle registration/comprehensive insurance/driving license ofdriver etc. shall have to be submitted before commencement of work. Railway may askpresentation of original documents for authenticity.

xxxv) Complete bio-data of driver shall have to be submitted along with character certificateissued by local police authority and medical certificate issued by registered medicaldoctor.

xxxvi) Driver of the vehicle shall be equipped with all the up to date papers/relevant valid RTOdocuments of the vehicle such as driving license registration and insurance papers likeRC book, insurance certificate. PUC fitness certificate and all the taxes. Levies fees etc.paid up to date etc. The vehicles deployed on the job should be fit in all respect foroperation in accordance with the prevailing motor vehicles Act and rules amended fromtime to time. The contractor shall be exclusively and solely responsible for any lapse inthis regard and railway stands completely indemnified by the contractor against suchdefaults.

xxxvii) Any fine imposed on the contractor by RTO or any other Govt. authority due to non-observance of Govt. Rules or for any other reason (of whatsoever nature it may be) shallbe paid by the contractor and no compensation on this account shall be paid by theRailway or reimbursed in any way. No liability shall be accepted by the Railway for suchloss sustained by the contractor.

xxxviii) Contractor shall ensure that all the meters particularly the milometer and devices ofvehicles are in proper conditions. In case any defects are pointed out by the Railwayauthority, repairs and replacements should be carried out immediately by the contractorat his own cost, failing which kms certified by the office using the vehicle shall be finaland no claim shall be entitled.

xxxix) In the event of a breakdown of the vehicle en-route responsibility of transporting thematerial of the vehicle to its destination shall be borne by the contractor. If the vehiclefails during the trip and an alternative arrangement within one hour is not provide by thefirm, a penalty of Rs. 500/- will be imposed for the day in additional to actual chargesincurred by the Railway for transportation.

xxxx) Every day evening/morning contractor/driver should take instructions from nominatedofficials for the place where the driver with vehicle shall be asked to report for duty.

xxxxi) The vehicle should be available to the Railway with driver, fuel, Engine oil, etc.around the clock on all days of a week irrespective of holidays. If requiredRailway may also utilize the vehicle beyond these hours, which will be indicateda day in advance. Contractor should give the Mobile Nos and residentialaddresses of the drivers nominated by him and shall ensure that driver can becalled at any time round the clock on any day .The driver should be provided amobile phone with incoming and outgoing call facility.


xxxxii) SPECIAL CONDITIONS

1) The lump sum daily charge include all major/minor repaires/ replacement servicing of lubrications tyres,diesel and any other consumable required from time to time Drivers cleaners salary and allowance alltaxes toll taxes at bridge or road duties including charges for running of vehicles including insurance ofvehicle.The terms of the contract will be for 24 months However the Railway reserves the right to terminate thecontract after giving one months notice.If any vehicle is out of order an alternative vehicle in good condition & shape will have to be temporallymade available to the railway filing which a penalty of Rs 1000/- per day will be imposed.

2) The vehicle should be available to Railway with Drive, Cleaner, fuel etc. between 6.00hrs to 22.00hrs on all days of week. If required, the Railway may also utilize the vehicle beyond these hourswithout any extra payment. Loading & unloading of material will be done by the Railway labour orseparate contractor. The vehicle should be kept in nominated depot in covered shed which shall beprovided by Rly.

3) The vehicle should have validity to run in the state of Maharashtra and M.P.Sometime over nightstay may be required at any of the station. No accommodation to driver or contractors staff will beprovided by the Railways. They will have to make there own arrangement during such overnightstay.

4) Earnest Money of successful tendered will be retained by Railway as Security Deposit for duefulfillment of contractual obligation. The Earnest Money of unsuccessful tenders will be return tothem.

5) The complete responsibility for safe running of vehicle will be on the vehicle owner only. Railway willnot be responsible for any loss, damage or accident to the vehicle. The vehicle owner shallindemnity, the Railway from any loss/ damage to Railway material arising out in consequence to theoperation of this contract, or by reason of any neglect/fault/act of omission and commission on thispart or on the part or on the part of his staff such as Driver, cleaner, any other accompanying staffetc. whatsoever.

6) The driver of the vehicle should possess valid driving license.

7) Payment for hire charges will be made quarterly (i.e. after every three months) after dueverification of logbook and necessary certification by the officer in charge .

8) The vehicle should not be more than (07) Seven years old as on the date of tender opening .Thetendered has to give full details of make , registration No. date and other details etc. of vehicle ifalready owned and hired by him or details of make etc. if proposed to be purchased new.

9) The period of contract can be further extended beyond the originally accepted period of currency without any license in rate by mutual consent.

10) The quantities mentioned in this tender are only approximate and vary according to actual up to 25%on either side at same rates, terms and conditions.


SERVICE AGREEMENT

THE CONTRACTOR COVENANTS

The Contractor is required to perform its obligations under the contract as follows:

1. The Contractor shall engage adequate manpower to provide Services. In Case of absenteeismetc. which could affect the quality of Services of the Contractor, the Contractor shall provideimmediate replacement.

2. The Contractor shall comply with all statutory requirements, rules, and directions which are inforce and also that may be made enforceable in future especially relating to payment of wages asagreed in this Agreement, payment of annual bonus, leave with-wages, payment of ESI and PFetc., by any authorities with regard to all the laborers the Contractor employs in the, Premises ofthe Railway.

3. The Contractor shall issue appropriate letters of appointment or contract as may be applicable toits employee and also suitable identification cards. The Contractor also agrees that its employeeshave no relationship of whatsoever nature with Railways and any claims of the employees of theContractor that may arise due to deputation t the premises of Railways would be directlyaddressed and resolved by the Contractor without any bearing on the Railway.

4. The Contractor shall be required to register themselves as required under Service Tax Act, 1994and Professional Tax Act, 1976.

5. The Contractor accepts that they will be responsible for the due Compliance of all rulesapplicable at the Premises of the Railway. Contractor shall initiate appropriate action against anyof its employees who are found not complying with the rules of discipline, conduct, etc.

6. The Contractor will ensure that no child labor is employed and that all Women employees willwork only between 06:00 A.M. and 07:00 P.M.

7. The personnel deputed by the Contractor are required behave with respect, politeness anddecency to the employees and visitors.

8. In case of any losses caused to Railways on account of negligence of the labourers deputed bythe Contractor or on account of non-compliance of any obligations by the Contractor, thenRailway shall have full rights to make adjustments for the said losses from the bills payable byRailways to the Contractor.

9. Under the prevailing labour legislations the Contractor shall maintain following registers anddocuments:i) A register of persons employed in Form XIII.ii) Employment card in Form XIV for issuing to each workman with in three

days of employment.iii) Service certificate in Form XV to be issued on termination.iv) Wage slip in Form XIX to be issued to the Labourers.v) A half-yearly return in Form XXIV in duplicate to the Licensing officer not later than 30

day s from the close of the half-year.vi) Register evidencing payment of minimum wages to all its workmen and

payment of 8.33% as bonus to all workmen.vii) Maintain a Register .of Muster Roll in Form XVI and Register Of Wages in Form XVI.viii) Maintain all Registers in English or Hindi and preserve. The registers in original for 3

years from the date of last entry. The Contractor hereby agrees to produce any or all ofthe documents/ registers mentioned above as and when required by the Railway .

1. The Contractor shall be responsible to maintain the records of his employees employed by itas required in terms of various labour enactments.

1. The Contractor will have the right to depute and withdraw any of its labourers. The Contractorwill decide the manpower schedule and distribution of work, in consultation with the Railway,


ensure discipline of its labourers, and the supervisor deputed by the Contractor shall supervisethe day to day operations.

2. In case where officer in charge of Railways considers that the labours are not efficient orsuitable for carrying out its functions effectively, it shall have the right to direct the Contractor tochange the labour/labourers immediately without assigning any reasons whatsoever and theContractor shall be bound to comply with the same.3. The Contractor shall be totally responsible for supervision of its function and entire discipline ofits labourers including taking disciplinary action for misconduct committed by any labour of theContractor.

4. The Contractor shall rotate its labourers every Six months at his own cost after settlementof terminal benefits & settling their accounts.

5.The Contractor shall be free to work anywhere else or undertake any other contract and also torotate its labourers provided that the Contractor shall remain responsible to Railways for theproper and efficient execution of the jobs entrusted to it.

2. The labourers engaged by the Contractor shall be in the employment of Contractor only, andnot of the Railway and shall not claim any permanency or benefits against the Railway.

3. For whatever relief and or benefits the employees of the Contractors are entitled to under anyenactments, either state or Central, current and those which may be altered, amended orreinforced from time to time, the Contractor shall be liable to safeguard their interest under therespective enactments and Railways shall not be responsible for the same. In case Railways isrequired to pay or suffer, for any reason on account of the failure of the Contractor, to complywith the above, the Contractor shall indemnify Railways to the extent of such payment or lossplus any other costs incurred by Railways on that account, consequent to such omissions andcommissions during the term of Contract Agreement.

4. The Contractor shall be responsible in respect of the employment or non-employment of thelabourers engaged by it at its own level and Railways shall have no role to play in the said matter.In case any loss is caused to Railways by the labours of the Contractor, by the deeds or litigation,then the Contractor shall have to bear the cost of such-litigation along with the value of the tosscaused.

5. In case any losses are caused to Railways on account of non fulfillment of any of the obligationsby the Contractor, Railways shall have full right to make adjustment for the said losses from thebills payable by Railways to the Contractor.

6. In case the Contractor or its labourers are allowed to work at the Premises, the Contractor shall haveno right or lien whatsoever upon the Premises and the Contractor and its labourers will move out ofthe Premises at the instance. of the Company.

7. The Contractor shall pay the wages to its labourers on or before 7th day of the following month, in thepresence of the competent persons engaged by the Railway. The Contractor shall allow Railwaysto verify its records and it shall furnish all relevant details/records to Railways by the 12th day of thefollowing month that wages as agreed in this Agreement has been paid.

8. The Contractor shall be totally responsible for the compliance of the provisions of the statutorybenefits mentioned below in respect of its employees. Due to any default of the Contractor,Railways shall in no way be held responsible. In case Railways is dragged to litigation due to theContractor, all costs due to such involvement will be met fully by Contractor and be also recovered byRailways from the Contractor out of their invoice:

Statutory Benefits

a. Medical benefits as per the Employees State Insurance Act, 1946, if applicable.b. Benefits as per the Employees Provident Fund Act, 1948.c. Payment of wages, overtime as per the law and allowance to the Employees.d. Compensation for accidents and injuries under the workmen Compensation Act. (if applicable)e. Earned Leave and cash benefits as per the National and Festival Holidays Act.


f. Benefit as per the applicable Labour Welfare Fund.g. Payment of Bonus and Gratuity.h. Any other benefits and compliance with statutory provisions as per legislation and amendments))

and various Government Act and Regulations whether Central or State as applicable.i. Liability arising out of termination of the personnel.9. The Contractor shall obtain at its own expense all permits and license under the Contract Labour

(Regulation & Abolition) Act.1970 or regulations of any Government entity in connection with theRailway.

10. That the Contractor will give an affidavit or an Undertaking or both in favour of Railways to theeffect that it shall pay wages to its laborers every month and shall also comply with the provisionsof the Employees Provident Funds and Miscellaneous Provisions Act 1952 and the EmployeesState insurance Act, 1948 etc.

11. If it is found that in a particular month there has been non compliance of any statutory paymentthen in the following month Railways will retain 10% of the billed amount. Contractor shall, whilesubmitting its monthly bill for service charges, certify in writing that it has paid and settled allsalary, wages, other payments and contributions due for the preceding month to or on account ofthe personnel (and its other employees) and has duly complied with all statutory and regulatorydeductions and payments, as required by applicable laws. Contractor will provide a photocopy ofthe necessary returns/ challans/ records pertaining to the contributions/mandatory compliancerequirement under the applicable acts including the EPF Act, ESI Act, Contract Labour(Regulation & Abolition) Act, 1970 and any other applicable acts. In the event that Contractor failsto do so, or if Railway has the reason to believe that Contractor has not duly complied with therequirements of this Clause, Railway shall have he right to withhold the payment due to theContractor in order to ensure that Contractor complies with such requirements.

12. Railways shall have priority of contract only with the Contractor and shall give instructions to itand shall have nothing to do or not concerned with the conditions of employment of the labourengaged by and working for the Contractor.

13. Railways shall not be entitled to retain any control, supervision or manner of the discharge,dismissal or retrenchment or re-employment of the labourers engaged/ employed by theContractor.

14. Railways will not, in any manner, be responsible for any altration, omission or commission of thelabourers engaged by the contractor and no claim in this respect will lie against Railways If anysuch claim is made against Railways by the labourers engaged/ deployed by the Contractor ortheir heirs, which Railways is obliged to discharge by virtue of any statue or any provision of lawdue to mere fact that the labourers of the Contractor will be liable to indemnify/ reimburse to theRailway, all monies paid, in addition to any other expanses incurred by it.

15. Railway reserves the right to terminate this agreement without any notice if there are anycontinuous irregularities on the part of the; Contractor on the above terms & conditions. Railwayhas absolute right in their discretion to terminate this agreement without notice.

16. INDEMNITYThe Contractor shall indemnify and keep indemnified Railways against any claim that itsworkmen may make against Railways or any claim made against Railways by any other partyarising out of negligence or any wrongful act on the part of the Contractor or any of its workmen.The Contractor hereby undertakes to indemnify and make good any claim made againstRailways by any statutory authorities for the non-fulfillment of the obligations of the Contractor.Railways shall be entitled to recover such claims from the charges payable to the Contractor.

Sr.DEE/TRD/ NGP


PROFORMAFINANCIAL STATUS

1. Name of the organization2. AddressTelephone No. , Mobile No.Telex No., Fax No.GRAMS3. Form of Business

ProprietaryPartnership Company

4. Whether the business partnership is registered5. Whether registered with CPWD,PWD, RAIWAYS ,MES and other Govt /PUBLIC

Sector undertaking ( Provide latest copies of registration ,validity)6. Date and commencement of business.7. Authorized and paid up capital ( A copy of the articles of association to be

enclosed)8. Financial position8.1 Cash8.2 Current Assets8.3 Council Liabilities8.4 Working Capital8.5 Net Worth9. Total turnover (in lacks)

Enclosed audited balance sheet for each year(Financial year is APR-March) (2008-09),2009-10), (2010-11)

10 Financial Arrangements10.1 Own resources.10.2 Bank Credit (enclosed supporting letter from Bank)10.3 Other (Specify)11. Bankers solvency certificate12 Approximate value of works on Hand13. Value of anticipated orders for next financial year.


TERMS OF PAYMENTS1.3.1 SCOPEThe unit rates given against various items of work in tender papers are the standard schedule of rates(S.O.R.). The tenderers are required to quote uniform percentage below / at par / above against theS.O.R. cost while quoting the summary of prices. The actual payment to be made against any item ofSOR shall be derived after loading the SOR prices with the tenderer’s quoted percentage. The prices soobtained shall be the unit prices for the various items of work given in SOR.1.3.2 UNIT PRICESThe unit prices for supply and erection includes all taxes, duties and levies such as sales tax,/VAT,Service tax, octroi, royalties or any other taxes and duties whatsoever liable by Government (State orCentral) or any statutory body Therefore, they should quote their prices taking into account the rate oftaxes as leviable . The tenderer conditions regarding extra payment on above account will not beconsidered and rates quoted by tenderer will be taken as rates inclusive of all taxes and duties aslevilable by Government (State or Central) or anybody.The price shall also include provision for losses and wastages in transit and erection.

NOTE: Works contract tax/Commercial tax - The contractor is required to register himself with respectivesales tax authority of state where the work under this contract falls in. The contractor is liable to payworks contract tax as per extent rules of that state. The contractor shall submit his registration paperswith the railway authority within two months from award of contract.1.3.3 QUANTITIES:The approximate estimated quantities of various items of work are included in Tender Schedule.1.3.4 NON-SCHEDULE ITEMS:If during the execution of the work the contractor is called upon to carry out any new item of work notincluded in Schedules, the contractor shall execute such works at such price as may be mutually agreedwith the Purchaser before commencement after obtaining the competent authority’s approval andsanction.1.3.5 PAYMENTS AND RECOVERIES:No advance payment shall be made to the contractor. The payment terms shall be governed as under.Progress payments will be made on km basis.Subject to any deductions or recoveries, which the purchaser be entitled to make under the Contract, thecontractor shall unless otherwise agreed to be entitled to get the following payments subject to conditionsstipulated in subsequent paragraphs.

Progress payments Final settlement.

PAYMENT TERMS & SUBMISSION OF CONTRACTOR’S BILL: - Unless otherwise agreed uponbetween the parties, payment of work will be made on submission of bill in the prescribed Railway Forms,which may be obtained from the office of Sr.DEE/TRD/NGP in accordance with the instructions given inthe letter of acceptance.

11) Payment for hire charges will be made quarterly (i.e. After every three months) after dueverification of logbook and necessary certification by the officer in charge.

12) ON ACCOUNT PAYMENT: - 100 % ON ACCOUNT payment shall be arranged to the contractor fromtime to time for any of the schedule items those supplied/completed by the contractor.

FINAL PAYMENT: - Final payment shall be arranged to the contractor after satisfactory completion ofentire work as per schedule items.

The above payment will be made to the contractor on submission of the bill accompanied by requireddocuments in accordance with the procedure of contract, such as verification of power of attorney fromLegal department of Railway, bank guarantee for security deposit, measurement book entries and bill inRailway standard form, contractors challans, inspection certificate granted by the Engineers, certificate ofcompletion of work etc. All the payments shall be subject to recoveries which may be due, if any.MODE OF PAYMENT THROUGH EFT (ELECTRONIC FUND TRANSFER SYSTEM)Tenderers are requested to give his bank account number and other detail and till the mandate from forEFT for making payment to them. Payment will be arranged by EFT only for all contracts.


BANK GUARANTEE AS DESCRIBED BELOW:The Bank Guarantee shall be in the prescribed form issued by any State Bank of India or from anyScheduled Bank/ Nationalized Bank duly conforming to the requirements and valid up to the date ofprovisional acceptance. In the event of extension to the time of completion the contractor shall extend thevalidity of the Bank Guarantee. After completion of work and issue of Provisional Acceptance Certificate,B.G. will be returned if no material is outstanding after material reconciliation is done. BG will have to befurnished by the contractor at least 15 days in advance.1.3.6 FINAL SETTLEMENTOn Successful completion of contract period and issue of completion certificate, the security deposit willbe refunded / or Bank guarantee will be returned to the contractor after adjustment of any dues payableby the contractor to the purchaser.1.3.7 ARBITRATION:The provisions of clauses 63 and 64 of the GCC will be applicable only for settlement of claims ofdisputes between the parties for values less than or equal to 20% of the value of the contract and whenthe claims or disputes are of value more than 20% of the value of contract, provision of clauses 63 & 64and other relevant clauses of GCC will not be applicable and arbitration will not be a remedy forsettlement of such dispute.The contractor shall not be entitled to ask for reference to arbitration before completion of the workassigned to him under this contract. The contractor shall seek reference to arbitration to settle disputesonly ONCE within the ambit of Condition 1 above.Wherever due to default of contractor, the contracts are rescinded as per Clause 62 of GCC, the securitydeposit should be forfeited and the performance guarantee shall be encased and the balance workshould be got done separately.The balance work shall be got done independently without risk and cost of the original contractor.The original contractor shall be debarred from participating in the tender for executing the balance work. Ifthe failed contractor is a JV or a partnership firm, then every member/partner of such a firm would bedebarred from participating in the tender for the balance work either in his/her individual capacity or as apartner of any other JV / partnership firm.It should be specifically noted that some of the detailed drawings may not have finalized by theRailway and will, therefore, be supplied to the contractor as and when they are finalized ondemand. No compensation whatsoever on this account shall be payable by the RailwayAdministration.No claim whatsoever will be entertained by the Railway on account of any delay or hold up of theworks(s) arising out of delay in approval of drawings, changes, modifications, alterations, additions,omission and site lay out plan or detailed drawings and design and or late supply of such materials as arerequired to be arranged by the Railway or due to any other factor on Railway account.

No claim for idle labor and or idle machinery etc. on any account will be entertained. Similarly no claimsshall be entertained for business loss or any such loss.

Mode of Payment through EFT (Electronic Fund Transfer) System: Tenderers are requested to give hisbank account number & other detail and fill the Mandate Form for EFT for making payment to them.Payment will be arranged by EFT only for all contracts.

Tenderer's Signature Sr. Divl. Electrical Engineer (TD)Central Railway, Nagpur

For and on behalf of the President of India

(END OF TENDER DOCUMENTS)

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