t d hiring of vehicle snsi to pb 2016 ri

Contractor Signature - 1 – DRM(M)/SUR

म�य रेल

CENTRAL RAILWAY

यां�क वभाग

MECHANICAL DEPARTMENT Tender Notice No.: 06/2016/MECHANICAL/HIRING VEHICLE/SNSI-PB-SNSI

dated 14.03.2016 Name of work: Tender for the contract work of hiring of vehicle for the

transportation of crew from Sainagar Shirdi-Puntamba-Sainagar Shirdi for a period of one year.

Tender cost: Rs. 10,20,000.00 Earnest money: Rs. 20,400.00 The earnest money should be in cash or in any of

the following forms: Vide Railway Boards letter No.2013/CE-I/CT/0/45/JV dated 22.09.2014 Addendum & Corrigendum slip (ACS) No. 01 to GCC July 2014 Para 5(2) of part-I of GCC; the Earnest Money should be in cash or Banker’s Cheque/Demand Drafts in favour of Sr. Divisional Financial Manager, Central Railway, Solapur executed by State Bank of India or any of the Nationalized bank or by a scheduled bank. (No deposit receipt will be entertained)

Validity period: 90 days Date & time of Closing :18.04.2016 at 14.30 hrs Date & time of Opening :18.04.2016 at 15.30hrs.


INDEX

Sr. No

Contents Page Nos.

From To

1 Tender Document 1 1

2 Index 2 2

3 Tender Notice 3 3

4 Start of tender document 4 6

5 Tender form 7 7

6 Regulations for tenderes and contract for the guidance of contractors. 8 9

7 Conditions of tender 10 11

8 Proforma –I to VII 12 18

9 Special conditions, Scope of work and Specification of the work. 19 27

10 Demand for arbitration, Other conditions and provision of wages 28 34

11 Safety rules 35 35

12 Offer sheet 36 36

13 Format for Identity Card 37 37

14 Format for performance bank guarantee bond 38 38

15 Arbitration 40 42

16 General conditions 43 43

17 Format for Agreement for works 44 44

18 NEFT & End of the tender document 45 45

All the above parts taken together shall constitute the complete tender document hereinafter referred to

as “Tender Document” and have to be read together and acted upon accordingly. No part of the tender document can be relied upon or acted upon in isolation.

ENCLOSURE: - TENDER DOCUMENT CONTAINING 45 PAGES, INCLUDING COVER PAGE


OPEN TENDER NOTICE NO : 06/2016/MECHANICAL/HIRING VEHICLE/SNSI-PB-SNSI DRM (Mech.)/SUR for and on behalf of President of India invites open tenders in sealed covers on the

prescribed forms from reputed contractors for the following work. Name of the work: Tender for the contract work of Hiring of vehicle for the transportation of crew from

SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI for a period of one year. Tender sale from: During working hrs from 17.03.2015 at Sr. Divisional Mechanical Engineer /office,

DRM office, Solapur, Central Railway. The tender documents are also available on website in PDF format of Central Railway

https://tenders.gov.in & www.cr.indianrailways.gov.in. The tenderer who prefer to download and submit tender will have to furnish two separate DDs one towards EMD and other for the cost of tender document (Non refundable).

Tender box will be placed & opened at Sr. DME office, DRM office, Solapur, Central Railway.

Tender sale up to 17.00 hrs on dt. 15.04.2016

Tender submission upto and tender box sealed at

14.30 hrs on dt. 18.04.2016

Tender opening at 15.30 hrs on dt. 18.04.2016

Quantity Hiring of vehicle for the transportation of crew from SNSI-PB-SNSI

Approx. for one year.

Approximate cost Rs.10,20,000.00

Period of Contract One year from the date of commencement of the work.

Validity of offer 90 days

Earnest Money Rs.20,400.00 Form of submission of earnest money can be

checked from the tender booklet. Tender unaccompanied with inadequate earnest money will be summarily rejected.

Cost of the Tender forms Rs.2000/- (By post Rs.2200/-) per document. The cost of tender (Non refundable) form may please be remitted with any station of Central Railway and original money receipt should be produced for getting the tender form. D.D or Pay order from Nationalized /Scheduled Bank, to be drawn in favour of “Senior Divisional Finance Manager, Central Railway, Solapur”

is also acceptable.

The tenderer or their authorized representatives can remain present at the time of opening of the

tenders. In case if 18.04.2016 happens to be holiday due to any reason the tender will be opened on the next

working day at the same time and place. Vide Railway Board’s circular No.94/CE-I/CT/4 Pt.II dated 19.11.2013, it is reiterated that the

financial capacity, capability and past performance of the tenderer/contractor shall be investigated/examined in detail by the tender committee before recommending him/her for awarding a contract irrespective of the volume of contract/tender value. Therefore offer should be accompanied by the required documents proving the financial capacity and past performance.

The participating agencies should possess the ownership of vehicle as specified in the scope of work not older than five years in the name of the proprietorship/proprietor/partnership firm/company and the document proving ownership of vehicle should submit along with the tender document/offer. In the absence of this document, the offer will not be considered for tender process. RIGHTS ARE RESERVED TO REJECT ANY OR ALL TENDERS WITHOUT ASSIGNING ANY REASON THEREOF.


Start of Tender Document Check List for Intending Tenderer:-

Please Ensure that -

1. You have signed the offer page with full name, address and witness filling all the blanks. 2. You have filled in the required columns. 3. Accept the validity period of 90 days. 4. Do not quote special conditions of your own, as they are likely to vitiate your tender and make it prone

to rejection. 5. All pages are signed, correction neatly scored out and initialed wherever required. 6. Please do not leave any lapses, which may lead to declaration of your offer as INVALID. 7. The successful tenderer who have paid earnest money in any of the prescribed forms, should convert

the same as part security deposit, having validity more than the completion period. Balance S.D. for contract will also be furnished to the Railway.

8. Tenders must be enclosed in a sealed cover super scribed with the specified Tender number and must be deposited in the special box allotted for the purpose at Sr. Divisional Mechanical Engineer, Solapur, Solapur division, Central Railway.

Or can be sent by registered post to the above address so as to reach not later than the specified time of sealing the tender box on the day of tender opening. The tender box shall be sealed and opened at the specified timings on the day of opening as detailed in the tender notice and corrigendum if any thereof.

9. Precaution to be observed for down loading of Tender Document from Internet/Website/Additional Special Conditions :

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

II. Tenderer may note that permitting of down loading of tender document is an added facility for convenience of Tenderer. Railway, however, reserves right to extend this facility for selected works or continue only with direct sale of tender forms. In case, tender document is not uploaded on website or download failure or delay or incomplete document downloaded, whatsoever, Railway shall not be responsible in anyway. Railway shall not be responsible for any direct/indirect loss of business / profit resulting from inability to use this facility.

III. The Tenderer shall download & print the Tender document solely for the purpose of bidding for above work and downloaded document shall not be used, copied or reproduced for any other purpose.

IV. The end of tender document is indicated by “END OF TENDER DOCUMENT’ marker. Tenderer/s should carefully see that above marker appears on the last page of downloaded tender document to ensure that downloaded document is complete. Tenderer is suggested to check the integrity and completeness of document before submission.

V. The tender document downloaded from website though does not bear signature of Rly. authority shall have same authority as having directly purchased from Rly. office. Tenderer while submitting his offer must sign all pages of tender document.

VI. The downloaded and printed tender document along with the various other documents should be submitted as per details mentioned in tender document. The tenderer should clearly write on main tender cover and also on the top of sealed cover “Tender documents downloaded from website”.

VII. The Tenderer is required to pay non-refundable cost of tender document in the form prescribed in tender notice while submitting their offer. In case they fail to furnish the requisite cost of tender document in prescribed form, their offer shall be rejected. The cost of EMD shall not be merged with cost of tender form and shall be separately furnished.

VIII. The Tenderer/s shall maintain the integrity of downloaded tender document and shall not make any change/addition/deletion/tampering, whatsoever, in the downloaded documents. The Tenderer offer shall be rejected and full earnest money shall be forfeited, in case it is detected after submission of offer, that they have made any modification in downloaded documents. In case such modification is noticed even after award of contract, Rly. is liable to terminate the contract on contractor’s default. In addition Railway reserves the right to take action against the firm as deemed fit, which may include Banning of Business Dealings with the firm and the firm is also liable to be prosecuted as per the law. After award of work, agreement will be prepared based on the master copy of tender document available in the Railway’s office. In case, any discrepancy is noted in tender document submitted by Tenderer, the Master document kept with Rly. shall prevail and decision of Rly. thereon shall be final and binding on Tenderer/Contractor.


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

X. The Tenderer/s shall keep themselves updated about any modification in tender notice and tender document, issued by Railway through newspapers, website or E- mail or any other means and shall act accordingly. It is the responsibility of the Tenderer to check any correction or any modifications published subsequently in Website and the same shall be taken into account while submitting the tender. Tenderer offer is liable to be rejected if they have not enclosed all the corrections / corrigendum along with downloaded tender documents.

XI. The “Additional Conditions for Tender Document downloaded from Website” must be signed by the Tenderer and enclosed along with the Tender document failing which the tender is liable to be rejected.

XII. The following declaration should be given by the Tenderer while submitting the tender.

Declaration

I/We have downloaded the tender document from the website https://tenders.gov.in and I/We have not tampered/modified the tender forms in any manner. In case the document is found to be tampered/modified, I/We understand that my/our tender is liable to be rejected and full earnest money deposit will be forfeited and I/we am/are liable to be banned from doing business with Railways and/or prosecuted.

Signature of Tenderer

10. Tenderer is required to submit the following documents along with the tenders: As tender is

being invited in one packet system, the tender shall be submitted in one cover as explained hereunder: Envelope – clearly marked “Tender for the work of Hiring of vehicle for the transportation of crew

from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI for a period of one year” as heading

shall contain following documents: (i) Technical capacity. (ii) Earnest Money Deposit in proper form. (iii) Power of Attorney. (iv) Tender Document duly signed, stamped and completed (v) Partnership Deed and Power of Attorney duly notarized/registered. (vi) Statement of payments received by the firm for contractual works during the last 3 years (year wise) certified by the Govt. Departments of Annual Reports of the firm for the last three Financial years & in the current Financial year showing annual turnover duly audited by Chartered Accountants in support of (vii) Para 10 (a) & (b): Certificate from the controlling authorities of Govt. Semi Govt. organization

indicating value of work of similar nature carried out by the firm during the three previous Financial years and in the current Financial year in support of

Performa No. I, to VII (attached herewith ) duly filled. a. Performa No.I :Particulars of Tenderer. b. Performa No.II :Details of work carried out. c. Performa No.III:Details of work in hand. d. Performa No.IV : Declaration of site visit. e. Performa No.V: Deviation from Schedule. f. Performa No.VI: Details for firm/company/JV g. Performa No.VII: Check List Any other documents the Tenderer/s may like to submit in support of his credentials/scheme.

11.1 The following documents should be submitted along with Tender:

a. List of Personnel on hand and proposed to be engaged for the subject work.


b. List of vehcle available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work.

11.2 Tenderer Special Conditions:

The Tenderer should normally not stipulate any special conditions while submitting his tender. In such an eventuality, Railway reserves the right to summarily reject such tenders without assigning any reasons whatsoever. The Tenderer should submit his tender in full conformity with the tender conditions of Central Railway, Solapur.

Partnership deeds, Power of Attorney and Credential certificates/Solvency Certificates, etc must be submitted either in original as certified true copies duly attested by a Gazetted Officer. If the Tenderer fails to abide by these conditions and fail to submit as above, the tenderer is liable to be rejected straightway

11.3 Tenderer should quote their rates taking all aspects into consideration and an offer with special

condition stands to be summarily rejected. 11.4 The following documents form part of contract:

(a) Tender Document (b) Central Railway’s General Conditions of Contract (GCC) January 2010 as amended at the time of acceptance of the tender and at the time of execution of the agreement. 12. Inspection of site before tendering :

Before submitting a tender, the Tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the work are taken into account and that the “percentage/rates he enters in the “Tender Forms” is/are adequate and all inclusive to accord with the provision in Clause-37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the engineer. No other claim shall be entertained such as regarding approaches/approach road in and outside Railway land and Contractor/s will bear entire expenses such as road taxes, payment for right of way etc to outsiders and for constructions of approaches/approach road etc. When work is tendered for by a firm or company of Contractors the tender shall be signed by the individual legally authorized to enter into commitments on their behalf. The Railway will not be bound by any Power of Attorney granted by the Tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be charged to the Contractor.


TENDER FORM

1. Tender No. : 06/2016/MECHANICAL/HIRING VEHICLE/SNSI-PB-SNSI. 2. Name of work : Tender for the contract work of Hiring of vehicle for the transportation of crew from

Sainagar Shirdi-Puntamba-Sainagar Shirdi for a period of one year. The President of India, Acting through the Office of the DRM (M), SOLAPUR. 1. I/We M/s HHHHHHHHHHHHHHHHHHHHHHHHHHHH.. have read the various

conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this Tender open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of full amount of my/our “Earnest Money”. I/We offer to do the above mentioned work at the rate quoted in the attached offer sheet and hereby bind myself/ourselves to complete the work in the specified period from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the General and Special Conditions of Contract January 1999

corrected up to date and to carry out the work according to the special conditions of contract and specifications of materials and works as laid down by the Railway in the Annexed special conditions/specifications and standard schedule of rates as amended/corrected up to date.

3. The specified amount is herewith forwarded as earnest money. The full value of the earnest money shall

stand forfeited without prejudice to any other rights or remedies in case my/our tender is accepted and if :-

(a) I/We do not execute the contract documents within seven days after receipt of notice issued by

the Railway that such documents are ready; and (b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

4. I/We agree to keep the offer open till such date as might be specified in the tender. It is understood that the tender documents have been sold/issued to us and we are permitted to tender in consideration of the stipulation on our part, that after submitting our tender we will not resell from our offer or modify the terms & conditions thereof in a manner not acceptable to the DRM (M)/SUR of central railway. Should we fail to observe or comply with the said stipulation, the amount of EMD shall be liable to be forfeited to the Railways.

5. I/We also agree that in the event of our failure to execute the contract document as hereinbefore provided or commence the work within the prescribed period after issue of letter of acceptance of the tender, the Railway may be entitled to determine that I/We have abandoned the contract and thereupon my/our tender and acceptance thereof may be treated as cancelled and the Railway shall be entitled to forfeit the full amount of earnest money and recover the damages for such default.

DateHHHHH. Tenderer: Signature of Tenderer (s) HHHHHHHHHH.. DateHHHHHHHHHH


GUIDANCE OF CONTRACTORS.

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

MEANING OF TERMS

1. In these Regulations for Tenders and Contract the following - Definition terms shall have the Definitions

meanings assigned here under except where the contest otherwise required:- (a) "Railway" shall mean the President of the Republic of India or the Administrative officers of the Central

Railway or the Successor Railway authorized to deal with any matters which these presents are concerned on his behalf.

(b) "General Manager" shall mean the officer in administrative charge of the whole of Railway and shall mean and include the General Manager of the successor Railway.

(c) "Sr.DME" shall mean the officer in charge of the Mechanical department, Solapur Division, Central Railway.

(d) "Engineer" shall mean DME/ADME- (I) of the Mechanical Department of Solapur Division of the Central Railway.

(e) "Engineer's representative" shall mean the authorized representative nominated by Sr.DME /Solapur. (f) "Contractor" shall mean the person, firm or company whether incorporated or not who enters into the

contract with the Railway and shall include their executor’s administrations, Successors and permitted assigns.

(g) "Tenderer" shall mean the persons, the firm or company who tenders for the work with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns.

(h) "Limited Tenders" shall mean tenders invited from all or some Contractors on the approved list of Contractors with the Railway.

(i) "Open Tenders" shall mean tenders invited from all or some Contractors on the approved list of Contractors with the Railway.

(J) “Day” Shall mean the calendar day from 00.00 hrs to 24.00 hrs (24 hrs). (k) "Works" shall mean the works contemplated in the drawings and schedules set forth in the tender forms

and description of contract and required to be executed according to specifications. (l) "Specifications" shall mean the specifications for Materials & Works, Central Railway issued under the

authority of the Chief Engineer or as amplified, added to or superseded by special specifications, if any, appended to the Tender Forms.

(m) "Drawing shall mean the drawings, plans and tracings or prints thereof annexed to Tender Forms. 2. Words imparting the singular number shall also include the plural and vice versa where the context

requires. 3. These Regulations for Tenders and Contracts shall be read in conjunction with the General Conditions

of Contract which are referred to herein and shall be subject to modifications, addition or super session by special conditions of contract and/or special specifications, if any, annexed to the Tender Forms.

4. A contractor who has not carried out any work so far on this Railway should furnish particulars regarding:-

a) His position as an independent contractor: b) His capacity to undertake and carry out works satisfactorily, as vouched for the responsible official or

firm: c) His previous experience on works similar to that to be contracted for, in proof of which original

certificates or testimonials may be called for and their genuiness verified if need be, by reference to the signatories thereof:

d) His knowledge, from actual personal investigations of the resources of the one at Zones in which he offers to work:

e) His ability to supervise the work personally or by competent and duly authorized agent. f) His financial position: 5. Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender Forms or

should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenderer. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provided for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.


6. (a) The tenderer shall be required to keep the Offer open till such date as might be specified in the tender. It shall be understood that the tender documents have been sold issued to the tenderer and the tenderer is permitted to tender in consideration of the stipulation on his part, that after submitting his tender will not resale from his offer or modify the terms and conditions thereof in a manner not acceptable to the Sr.DME/SUR of Solapur division of Central Railway. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount mentioned in clause 6 (b) shall be liable to be forfeited to the Railway.

(b) The tenderer shall be required to deposit a sum of Rs.20,400.00 towards the earnest money with the

tender. If his tender is accepted this earnest money will be retained as part security for the due and faithful fulfillment of the contract in terms of clause 16 of the General Conditions of Contract. The earnest money of other tenderer shall, save as herein before provided be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession nor be liable to pay interest thereon.

7. (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the Tender Forms is/are adequate and all inclusive to accord with the provisions in Clause 37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

(b) When works is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to tender into commitments on their behalf. The Railways will not be bound by any power of attorney granted by the tenderer or by changes of the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changed after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

8. At the advertised time and place, tenders received for a contract shall be opened by a Tender committee, and where practicable the names of tenderer and the rates tendered by them read out in the presence of such of the intending. Contractors or their agents as may attend.

9. The Railway reserves the right of not to invite open or limited tenders, and when tenders are called, to accept a tender in whole or in part or reject any tender or all tenders without assigning reason for any such action.

10. The Tenderer whose tender is accepted shall be required to appear at the office of the Sr.DME, Solapur in person, or if a firm or corporation, a duly authorized representative shall so appear and execute the contract documents within seven days after notice that the contract has been awarded to firm. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the order in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies.

In the event of any tenderer whose tender is accepted shall refuse to execute the contract the documents, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and the acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest, money and to recover the liquidated damages for such default.

11. Every contract shall be complete in respect of the documents it shall constitute. Not less than 3 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor.

The offers from the tenderer not satisfying the above mentioned eligibility criteria are liable to be

rejected.


CONDITIONS OF TENDER 1. General conditions of contract and Specifications for materials and works of the Central Railway can be

seen at the office of DRM (M)/Solapur. 2. Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any

correction made by the Tenderer/Tenderer in his /their entries must be attested by him/them. 3. The Tenderer /Tenderer shall quote his/their rates with reference to each item and must tender for all the

items shown in the attached Offer Sheet. The quantities shown in the attached Offer Sheet are given as a guide and are approximate only and are subject to variation according to the needs of Railway. The Railway accepts no responsibility for their accuracy. The Railway does not guarantee work under each item of the Schedule. Percentage/ rates should be quoted in words as well as in figures only on the offer sheet, in case of discrepancies between the rate quoted in figures and words, the rate quoted in words will prevail.

4. The tender must be accompanied by the specified sum of as earnest money deposited in cash or in any forms mentioned in the tender notice/tender document failing which the tender will be summarily rejected. The tenderer shall hold the offer open till such date as may be specified in the tender. It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting his tender, he will not resale from his offer or modify the terms and conditions thereof in a manner not acceptable to the DRM (M)/SUR of the Central Railway. Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as security for the due performance of the above stipulation shall be forfeited by the Railway. If the tender is accepted, the amount of earnest money will be held as part of security deposit for the due and faithful fulfillment of the contract. The earnest money of the unsuccessful tenderer will as therein before provided be returned to the unsuccessful tenderer but the Railway shall not be responsible for any loss or depreciation that may happen to the security deposit for the due performance of the stipulation to keep the offer open for Original the period specified in the tender documents or to the earnest money while in their possession, nor be liable to pay interest thereon.

5. The tenderer(s) quoting against standing earnest money of Rs. 36,500/- must keep the offer open to the extent specified in the tender documents. Any contravention of the above will make the tenderer liable for forfeiture of his part /full standing earnest money. The Tenderer (s) quoting against standing Earnest Money is required to pay the total Security Deposit either in cash or in the acceptable form before signing the contract documents.

6. No interest will be allowed on the earnest money or security deposit. In no circumstances cheques will be accepted towards earnest money/security deposit.

7. It shall not be obligatory on the said authority to accept the lowest tender and no tenderer/tenderer shall demand any explanation for the cause of rejection of his/their tender.

8. If the tenderer deliberately gives / tenderer deliberately give wrong information in his/their tender or creates/create circumstance for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage of Tendering or even after awarding of work.

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

10. ‘Delayed’ & ‘Late’ tenders will be dealt as per rules issued by Railway Board 11. Non-compliance with any of the conditions set-forth herein above is liable to result in the tender being

rejected. 12. The successful Tenderer/Tenderer shall be required to execute an Agreement with the President of India

acting through the DRM (M)/ SUR of the Railway, for carrying out the work according to the General Conditions of Contract and Specifications for Works and Materials of Central Railway.

13. The Tenderer shall keep the offer open for a minimum period of 120 days from the date of opening of the tender within which period the tenderer cannot withdraw his offer, subject to the period being extended further if required by mutual agreement from time to time any contravention of the above condition will make the tenderer liable for forfeiture of his earnest money.

14. Should a tenderer be retired Engineer of the Gazetted rank of any other Gazetted officer working before retirement, whether in the executive/or administrative capacity, or whether holding a pensionable post or not, in the Any Department of any of the Railway owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired

Engineer or a retired Gazetted officer as aforesaid, or should a tenderer being as incorporated company have any such retired Engineer or retired officer as one of its directors, or should a tenderer have in his employment any retired Engineer, or retired gazetted officer as aforesaid the full information as to the


date of retirement of such Engineer or gazetted officer from the said service and in cases where such Engineer or Officer had not retired from Government service at least One year prior to the date of the submission of the tenderer as to whether permission for taking such contractor, if the contractor be a partnership firm or an incorporated company, to become a partner or director as the case may be, or to take employment under the contractor has been obtained by the tenderer or any officer duly authorized by him in his behalf shall be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred to or a statement to the effect that no such retired engineer or retired gazetted officer is so associated with tenderer, as the case may be, shall be rejected.

15. Should a Tenderer or Contractor being an individual on the list of approved Contractors, have a relative employed in gazetted capacity in the Mechanical Department of Central Railway or, in the case of a partnership firm or company incorporated under the India Company Law should a partner or a relative or the partner or a shareholder or a relative of the share holder be employed in gazetted capacity in the Engineering Department of the Central Railway, authority inviting tenders shall be informed of the fact at the time of submission of tenders, failing which the tender may be rejected, or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provisions in Clause 62 of the General Conditions of Contract.

16. Should the Railway decide to negotiate with a view to bring down the rates, the original offer will still be binding in case nothing materializes out of the negotiations. A declaration to this effect should be submitted by the tenderer/s along with the negotiated offer in the prescribed Performa.

17. Deduction of I.T. at Source:- The Rly. will deduct @ 2% of gross amount of each bill as Income-tax and surcharge, education cess, WCT thereon as prescribed by Govt. from time to time and such deduction of I.T. shall be recovered while making payment to the contractor. The Tenderer is /Tenderer are required to produce along with his/their tender an authorized copy of the Income –tax Clearance certificate of a sworn affidavit duly countersigned by the Income-tax Officer to the effect that he has/they have no taxable income. Documents testifying to the Tenderer's previous experience and financial status should be produced when desired by the Railway.

18. Tenderer should submit a copy of such registration certificate if WCT is applicable to this particular work. 19. Tenderer should have valid license for undertaking contractual work from Labour Commissioner under

Contract Labour (Regulation and Abolition) Act 1970 and submit a copy of the same along with the tender.

20. Partnership Deeds, Power of Attorney etc.:-The tenderer shall clearly specify whether the tender is submitted on his own behalf or on behalf of a partnership concern/ company. If the tender is submitted on behalf of partnerships concern/company a certified copy of partnership deed/ articles of association, as the case may be, and a power of attorney to sign the tender documents, bills etc. should be submitted. If these documents are not enclosed along with the tender, tender will be treated as having been submitted by individual, signing the tender documents. The Rly. will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. Railway may, however, recognize such power of attorney/partnership deed/article of association after obtaining proper legal advice, charges for which will be chargeable to the contractor.

21. The earnest money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender will be refunded to the unsuccessful tenderer/tenderer within a reasonable time. The earnest money deposited by the successful tenderer/tenderer will be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited if the contractor fails/contractors fail, to execute the Agreement Bond or start work within a reasonable time (to be determined by the Engineer-in-charge) after notification of the acceptance of his/their tender.

22. Tenders must be enclosed in sealed cover superscripted " Tender for the contract work of Hiring of vehicle for the transportation of crew from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI for a period of one year” and must be sent by registered post A/D to the address of Sr.DME office,

Mechanical Branch, DRM Office/Solapur 413001, so as to reach his office not later than 14.30 hours on 18.04.2016 or deposited in the special box allotted for the purposes in the office of Sr.DME office, Mechanical Branch, DRM Office/Solapur 413001, this will be sealed at 14.30 hours on 18.04.2016 and

will be opened at 15.30 hrs. on 18.04.2016. Those who wish to attend may do so at their own cost.


PROFORMA-‘I’

CENTRAL RAILWAY

(MECHANICAL DEPARTMENT)

1.

Full name of contractor/ firm and year of establishment.

:

2.

Registered Head Office & Postal Addressed. Telephone Nos. with STD No.

:

3.

Branch Office address, if any. Telephone Nos. with STD No.

:

4.

Constitution of firm (give full details including names of Partners/Executives / Power of Attorney holders, etc.)

:

5.

Particulars of Registration with Government / Semi-Govt. Organization, Public Sector, Undertaking & Local Bodies etc.

:


PROFORMA - II

CENTRAL RAILWAY


DETAILS OF WORKS CARRIED OUT DURING LAST THREE FINANCIAL YEARS & IN THE CURRENT FINANCIAL YEAR

Sr. No

Descrip- tion of work

Contract awarding authority

Agree- ment No. & Date

Tender Cost

Cost of Work actually done

Date of commencement of work

Date of completion as per agreement

Actual date of completion

Whether arbitration demanded or not


PROFORMA - III

CENTRAL RAILWAY


DETAILS OF WORKS ON HAND

Sr. No

Descrip- tion of work

Contract awarding authority

Agree- ment No. & Date

Cost of Work

Date of commencement of work

Date of completion as per agreement

%age progress of work

Actual date of completion

Whether arbitration demanded or not

Note : Certificate from Authority concerned/employer duly attested to be attached.


PROFORMA IV

CENTRAL RAILWAY


DECLARATION FOR SITE VISIT

I/We hereby solemnly declare that I/We visited the sites of work personally and have made myself/ourselves fully conversant of the conditions therein.

I/We have quoted my/our rates for various items in the tender schedule taking into account all the above factors also.

Signature of Tenderer(s)


PROFORMA V

CENTRAL RAILWAY


ACCEPTANCE OF / DEVIATION FROM SCHEDULE ( Tenderer may add more sheets if space is not adequate )

Clause # Accepted yes / No If No, list of Deviation ( s )

General conditions :

Special conditions :


PROFORMA VI

CENTRAL RAILWAY

(DETAILS FOR FIRM/COMPANY/JV)

01. Name/s of Tenderer/s : 02. Whether Individual firm/ __________________________

Company / JV (duly registered)___________________________ 03. Permanent ( i ) Business address : ______________________________ _______________________________ _______________________________ ( ii ) ________________________________ ________ ________________________ _______________________________ 04. If a firm:- ( a )Whether registered, partnership or proprietorship/ JV ______________________________________________ ______________________________________________ ( B ) Date and No. of Registration under Indian Partnership Act/ MOU and registration of JV _____________________ _______________________________________________ NOTE: TRUE COPY, DULY ATTESTED OR registered partnership deed is to be enclosed in case of

partnership firm and copy of certificate of Registration, under Indian partnership Act, copy of MOU and registration of JV should be enclosed.

05. If a Company/JV :- (a) Whether incorporated in India _____________________ ________________________________________ ( b ) names and addresses of directors : ________________ _____________________________________________ NOTE: A certified copy of the ( i ) Certificate of Incorporation (ii) Memorandum and Articles of Association,

and ( iii ) last audited Balance sheet and profit & loss Accounts (iv ) MOU and registration of JV is to be enclosed


PROFORMA VII

CENTRAL RAILWAY


CHECK LIST:

1 Particulars of vehicles owned

2 Whether the offer sheet has been properly filled and signed

3 Whether clause by clause acceptance / deviation schedule has been attached.


Special conditions, Scope of work and Specification of the work Tender Schedule Approximate cost: Rs. 10,20,000.00 EMD: Rs. 20,400.00 Period of contract: One year.

1. Scope of Work:

Tender for the contract work of Hiring of vehicle for the transportation of crew from/Sainagar Shirdi-Puntamba-Sainagar Shirdi for a period of one year.

The work of hiring of one number of 4 wheeler non-AC road vehicle (SUV type like TATA Sumo, Toyota Qualis, Mahindra Bolero, or Scorpio, of minimum 06 seater excluding driver, with space for carrying personnel store of the crews for 366 days for 24 hours round the clock service including Sundays and Holidays, for the movement of the running staffs between SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI station. The vehicle is also to be moved to other circuits where it is required and instructed by Chief Crew Controller, Puntamba.

2. The work is presently planned to be undertaken only for the movement of the running staffs such as

Loco Pilot, Asst. Loco Pilot, Shunting Pilot and Goods Pilot etc. based at Puntamba lobby and at Sainagar shirdi. This vehicle service will be provided for 366 days) for 24 hours day and night service including Sundays and Holidays which may be changed during the execution of work as decided by the Railways. There should be no waiting of the vehicle for any reason at any point except for the traffic reasons.

3. The work is to be carried out during the time crew available to report for duty assigned in time as the

vehicle movement is connected with the punctuality of the train services.

4. The resources required for executing the work such as vehicles with driver and tools, equipment’s,

gadgets, step piney etc. shall be arranged by the contractor. The vehicle with driver shall be made available for 24 hours on all 366 days in front of either Puntamba lobby or Sainagar Shirdi station according to the instructions from Crew Controller, Puntamba.

5. The contractor shall visit Puntamba lobby or Sainagar Shirdi station and its parking site between roads

and the condition of the city traffic at all time to accustom himself with the condition available before quoting. No additional facilities will be provided by the Railways.

6. The vehicle shall not be more than 5 years old with maximum 1 year old tyres and tubes and condition

of the vehicle shall be good in all respect. The registration of the vehicle should be valid and insurance coverage also should be maintained.

7. The hiring charges shall be paid on kilometer basis inclusive of fuel, lubricants, preventive and

corrective maintenance, driver, cleaner, labor, applicable toll & taxes, etc. from the place where the vehicle is called. Payment will be made from the loading point to the destination i.e. from the start point of loading of crew to one or many destination points.

8. The contractor should deploy sufficient number of competent/licensed staff to execute the work.

9. The Railways reserves the right to change the start and destinations points and place of work.

10. In case of failure of the nominated vehicle, it will be the responsibility of the contractor to arrange

another vehicle immediately; otherwise penalty will be levied as per the penalty clause treating no vehicle provided.

11. Contractor has to supply 24 hours live telephone/mobile numbers of the driver and the coordinating

person to enable Railway representative to communicate easily. No response on telephone will be treated as unsatisfactory service and liable for penalty.

12. Lunch hour of vehicle driver shall have to be flexible i.e. adjustable with the movement of the crew. He

will have to take lunch with in 30 minutes, in any of the lobby.

The minimum frequency of visit Puntamba lobby or Sainagar Shirdi station shall be as under:

Sl No

Name of work Schedule quantity for one year

1 Hiring of vehicle for the transportation of crew from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI

5000 kms per month for 12 months = 60000 kms

13. Tenderer(s) should quote the rate inclusive of all applicable taxes and levies, etc. levied by the

Government or Local bodies. Railways shall not be liable for any increase in the taxes or duties levied by the Government or Local bodies which shall have to be borne by the contractor. Any overwriting /


correction have to be attested / countersigned by the tenderer(s). The rate quoted in words shall be considered as final rate in case of ambiguity.

14. Every precaution shall be taken by the contractor to protect their labour and materials.

i. The contractor shall note that no compensation due to any loss of life or on any other account shall be made by the Railway Administration. Contractor shall be fully responsible for compensation in case of any accident, injury to their labour and on any other account.

ii. Only medically fit men shall be deployed by the Contractor. iii. The contractor shall get identity cards (as per Railway’s approved format) issued to all his staff and

supervisor(s) engaged to carry out this work. These identity cards should be available with the contractor’s staff for the entire duration during their presence in the Railway premises and should be produced on demand.

iv. The contractor shall be responsible for safety of his staff and shall provide personal protective equipment (such as shoes, etc.) as are necessary for carrying out this work.

v. Railway shall in no way be responsible for any injury of any kind to the contractor’s staff. vi. The contractor shall ensure that his staff behave in a disciplined courteous manner, and in no way,

indulge in activities in Railway premises, which could cause damage to property or image of Railways. vii. The contractor will not employ any unethical practices to compromise the quality of work. Contractor and

his staff will not use any such means, which will affect the quality of work and may cause damage to Railway property and image. In case of resort to any such unethical practices by the contractor, for which they are found responsible, the Contract Agreement is liable for termination.

viii. The specified vehicle should be owned by participating agency. 15. Penalty:

Railway administration may at its sole discretion, impose the following penalties for unsatisfactory performance:

i. The cost of damages will be recovered from the bill, if any damages to the railway property caused by the contractor.

ii. Drivers shall be booked round the clock in shifts, otherwise average penalty of Rs.2000.00 per day shall be imposed for the absence of driver.

iii. A fine of Rs.200.00 per hour or a part there of per vehicle shall be levied subject to a maximum Rs.2000/- per day if offered vehicle does not give satisfactory service.

iv. Penalty of Rs. 200/- per hour per vehicle, if vehicle is not provided any for reason, fine shall be deducted from the pending bills or saving deposit.

v. Sr.DME will impose a maximum penalty of Rs.1000/- per case for any kind of irregularity is noticed

during the site inspection or on any poor report. 16. The tender is accompanied by a sum of Rs. 20,400/- as earnest money deposited in cash or in any of

the form as mentioned under Earnest. 17. Documents testifying to the previous experience and financial status should be produced when desired

by the Railway Administration. 18. Non compliance of any of the conditions set forth therein above is liable to result in the tender being

rejected. 19. The successful bidder shall be required to execute an agreement with the President of India acting

through Sr. Divisional Mechanical Engineer, Central Railway, Solapur for carrying out the work according to the general conditions of the contract and specification for the work.

20. For non-compliance with the specified instructions, contractor will be responsible and also contractor shall be required to dismiss, discharge remove workmen employed by him.

21. The contractor shall supervise the contract work. 22. The Railway Administration will fine, on account of unsatisfactory work, of conduct, insubordination or

any other cause not compatible with the efficient carrying out the terms and conditions for this work and contract.

23. The contractor, in addition to any indemnity provided by law, shall indemnify the Railway Administration against all liabilities whatsoever, to pay compensation under the workmen’s compensation Act, 1928 or any amending Act in respect of any accident to his Labour/labours employed by or under the contractor.

24. The Railway Administration shall conduct inspection/survey of the contract work. 25. It shall not be obligatory on the said authority to accept the lowest tender and no tenderer shall demand

any explanation for the cause of rejection of his letter. 26. If the tenderer deliberately gives wrong information in his tender or creates circumstances for the

acceptance of his tender, the Railway Administration reserves the right to reject such tender at any stage.


27. If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway Administration shall deem such tender as cancelled.

28. Documents testifying to the tenderers previous experience and financial status should be produced, when desired by the Railway Administration.

29. Tenders must be enclosed in a sealed cover, subscribed on the cover that contract work of Hiring of vehicle for the transportation of crew from Sainagar Shirdi-Puntamba-Sainagar Shirdi for a period of one year addressed to Sr. Divisional Mechanical Engineer, DRM’s Office, Central Railway, Solapur –413001. The sealed cover should reach his office not later than 14.30 hrs of 18.04.2016 or deposited in the special box allotted for the purpose in the office of the of Sr.DME office, Mechanical Branch, DRM Office/Solapur 413001, which will be sealed at 14.30 hours on 18.04.2016. The sealed tender box will be opened at 15.30 hrs on 18.04.2016 in the same office. Tenderer those who

wish to attend may do so. 30. Non compliance with any of the conditions set forth therein above is liable to result in the tender being

rejected. 31. The successful tender shall be required to execute an agreement with Sr. Divisional Mechanical

Engineer acting on behalf of the President of India for carrying out the work according to the general conditions of contract, special condition and specifications for the work.

32. The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of the

tender within which period; the tenderer cannot withdraw his offer. Any contravention of the above conditions will make tenderer liable for forfeiture of his earnest money.

33. The Railway Administration may decides to negotiate with a view to bring down the rates, if in case nothing materializes out of the negotiations, the original offer will still be binding on tenderer.

34. Other responsibilities of the contractor

i) The contractor shall be responsible for the execution of the contract strictly in accordance with the terms and conditions of contract.

ii) The test or trial run can be carried out either by the nominated supervisors and/or by contactor and/or by the Inspecting Officer.

iii) The firm quoting the offer should be having valid license/registration from the Maharashtra state Authorities and the Road Transport Organization. The vehicle offered shall have requisite Road Tax paid and have PUC certificate, it shall be insured for the travelling passenger and third party. First Aid Box with updated medicines and devices must be kept in the vehicle. Railway shall not be responsible for any claim arising out of accident, theft etc.

iv) The contractor shall ensure that the vehicle driver nominated possess valid driving license for the class of vehicle and for any violation of traffic rules and consequences thereof, the responsibility shall be of the contractor.

v) During the course of duty the contractor staff shall behave in a courteous and disciplined manner and not act in any manner which can cause loss of material/property/reputation to Railways. Contractor shall ensure that his staff/driver shall not be in intoxicated condition while on duty or otherwise shall be liable for appropriate penalty.

vi) Accidents occurring during the course of Railway work shall be reported to Sr. DME Solapur, Central Railway office within 12 hours. This should be followed by detailed written report

from the contractor. Delay in reporting, if not justified, in the sole opinion of Railways, liable for a claim for loss incurred by Railways including termination of the contract.

vii) It is the sole responsibility of the contractor to ensure that the Railway employees/material are transported safely, securely and promptly from nominated point to destination point. They should have necessary insurance for the vehicle and his staff. Railway shall neither be liable for any repair/breakdown/accident etc. nor be responsible for any loss incurred to the vehicle or contractor staff during transportation.

35. A) Payments:

Statement for work done under this contract shall be prepared in triplicate by the contractor on completion of the subject work. After a joint signature of Contractor &CCCOR/Puntamba in-charge on statement of work done date wise, bills will be prepared by CCCOR/Puntamba in-charge and it will be submitted duly signed by Contractor & CCCOR/Puntambain-charge and also on work measurement book to the Divisional Railway Manager (Mechanical) Solapur. After verifying work measurement book and a work done statement date wise and on account bill by OS Tender and will be forwarded to Sr. Divisional Finance Manager, Solapur under the signature of Competent Authority for passing of payment. Payment will be made either by NEFT, cheque or through the Chief Cashier, Solapur on the direction of Railway Administration. B) Terms of Payment: Payment shall be made on monthly basis after carrying out the specified

activities. The payment shall be done on the certified summary and bill of CCCOR/Puntamba & ADME/Daund.


a. Railway reserves the right to make following deductions. Income Tax & Works Contract Tax

as Government specified will be recovered from the On Account Bills. Any statutory deductions as per the orders of the Govt. of India or the State Government. Fines as per the terms of the contract.

If in opinion of the Railway Administration, there has been breach in the terms of the contract by the contractor, the Railway Administration shall have the right to withhold payment of dues to the contractor. Contractor will be abiding by GCC b. Cancellation or suspension of Contract: The Railway Administration shall be at liberty at any time

without giving any reasons to suspend temporarily or terminate permanently this contract on giving 7 days notice in writing to the contractor and the contractor shall not entitled to any claim or compensation by reason thereof. The Hiring of vehicle for the transportation of crew from Sainagar Shirdi-Puntamba-Sainagar Shirdi daily may drastically come down in case due to natural calamity/ accidents/cancellation of trains, and the contractor shall not be entitled to any claim or compensation by reason thereof.

c. VARIATION IN OVERALL VALUE OF CONTRACT AGREEMENT: i. This will be a contract for a period of one year from the date of commencement of the work as per the

(original) contract agreement entered into by the Railways and the contractor after the issue of Letter of acceptance issued to the contractor. The variation in quantities of various items of work shall be governed by the following provisions:

There is general experience that significant efforts & time are involved in negotiating the rates with the contractor where quantities of certain items in the agreement are required to be operated beyond 125% of the tendered quantity for those items during the actual execution of the work. After examining pros and cons of the issue, Railway Board have decided that para 9 (ii) of Board’s letter no. 2007/CE-I/CT/18, dated 28.09.07 be modified vide letter No. 2007/CE.I/CT/18 Pt.XII dated 31.12.2010 & Indian Railway standard General Conditions of Contract- July 2013.

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required. 2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is

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

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

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

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

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

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

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

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

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

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

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

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

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


6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, Indian Railways Standard General Conditions Of Contract – July 2013 As On 30th June 2013 Page 40 the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

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

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

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

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

{Authority: (1) Item-9 to Railway Board's letter no. 2007/CE-IICT/18, Dated 28.09.07 and (2) Item-2 to Railway Board’s letter no. 2007/CE.IICT/18/Pt.XII, Dated 31.12.10}.

The drivers of the vehicle shall maintain Log-sheets as per specimen provided by Central Railway. The contractor shall arrange to provide, at his own cost, a work done register, printed as per the format given by the Railways. Certification by authorized Railway representative, of the quantum of work done by the contractor staff, shall be included in log sheet as well as in the register.

d. Not to assign:

The contractor shall not sublet, assign or transfer this contract or any part thereof or any interest there under to any persons without the previous consent of the Sr. DME/Solapur.

e. No facilities or passes:

The contractor shall not be entitled to be provided with any facilities by way of accommodation, free passes or material or transport

f. Employment of labour and wages:

The contractor shall not employ any labour under the age of 18 years and shall pay his labour as per Minimum wages Act.

g. General Condition:

• Tenders by telegrams will not be considered.

• The transfer of Tender forms purchased by one Contractor to another is not permissible.

• The Contractor is requested to read carefully the clauses of terms and conditions of the contract.

• Earnest Money Deposit must be enclosed with the tender form.

• No tender will be considered which is not submitted in the form obtained from Divisional Railway Manager (Mechanical) Central Railway, Solapur on payment of Rs.2000.00 towards per set which

amount will not be refunded under any circumstances. In the event of down loading from website of https://tenders.gov.in and www.cr.indianrailways.gov.in an amount of Rs.2000.00 along with EMD

should accompany the tender document towards cost of tender document.

• Tender forms containing erasers and alterations in the Tender documents are liable to be rejected. Any corrections made by the Contractor in his/her must be attested by him/she. The Contractor should fill in the rate columns of the Schedules both in figures and words clearly and the rate should be quoted for each item separately.

• If the Contractor wishes to withdraw the contract, 3 months notice should be given in writing to the Railway Administration.

• While submitting the tender booklet all pages must be signed by the contractor to indicate that he has read & understood all conditions.

The earnest money should be in cash or any of the following forms: A] The earnest money should be in cash or in any of the following forms: Vide Railway Boards

letter No.2013/CE-I/CT/0/45/JV dated 22.09.2014 Addendum & Corrigendum slip (ACS) No. 01 to GCC July 2014 Para 5(2) of part-I of GCC; the Earnest Money should be in cash or Banker’s Cheque/Demand Drafts in favour of Sr. Divisional Financial Manager, Central Railway, Solapur executed by State Bank of India or any of the Nationalized bank or by a scheduled bank. (No deposit receipt will be entertained)

B] EMD must be valid for 3 months from the date of opening of tender and it should be in the name of

Sr. Divisional Finance Manager, Central Railway. Solapur. Conditional offer will not be considered. A) Tenders without EMD (Earnest Money) will be summarily rejected.


SPECIAL CONDITIONS OF CONTRACT:

1. SPECIAL CONDITIONS OF CONTRACT.

The following special Conditions shall be supplement and be read together with the General Conditions of Contract (GCC) of Central Railway and the extent orders along with the amendments, if any, issued by the Govt. of India, Ministry of Railways (Railway Board) from time to time. The GCC is a priced publication and it may be purchased by the tenderer on payment of the prescribed price.

2. CARE WHILE SUBMISSION OF TENDERS :

Each page of the tender form including the covers shall be duly initialed under hand and seal of the tenderer in token of having gone through and agreed upon the terms and conditions stipulated therein, failing which the tender shall be treated as invalid and liable of summarily rejection. All the pages shall be returned intact; else the tender may be treated as incomplete. 3. NAME OF WORK: Tender for the contract work of Hiring of vehicle for the transportation of crew

from SNSI-PB- SNSI for a period of one year.

4. PLACE OF WORK: Transportation of crew from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR

SHIRDI. Location may be changed during the course of contract as per the requirement by giving 7

days notice in advance. 5. TIME LIMIT FOR THE COMPLETION OF WORK: The duration of the contract work shall be one year

from the date of commencement. The contractor shall depute adequate nos. of workers with adequate experience for execution of the work and it is the sole responsibility of contractor to ensure the safety of their workers. Railway shall in no way be responsible.

6 PRICES: The prices shall be quoted “NET” with a statement of its break up as per schedule of prices

and shall remain firm and open till the satisfactory completion of the work in all respect and final acceptance by the Engineer of Rly’s side. 7. PRICE SCHEDULE: When entering the prices in the schedule, the tenderer shall comply with the

following requirements. i. All rates quoted in the schedule shall be in rupees and must be firm and not subject to any fluctuation. ii. The tenderer shall also take into consideration local taxes such as works contract tax / trade tax /

commercial tax / service tax etc wherever applicable while quoting for the tender. iii. The rates quoted shall be inclusive of all taxes and duties. iv. The rates shall be quoted with regards to the local conditions taking into consideration the minimum

wage rate fixed for labour as per minimum wages act 1948 and amended minimum wages act 1970, statutory obligations such as weekly off, bonus etc, volume of work and other relevant factors.

8. PAYMENT TERMS: Monthly payment shall be made to the contractor as per accepted rates after

verification of the work carried out by the contractor. The verification of the work shall be done by authorized representative of Sr.DME /Solapur.

9. BILLS: Bills for work done under this contract shall be prepared in triplicate by the Contractor on or

before 7th

day of each month in respect of the work done during the preceding month. Such bills shall be submitted to the Divisional Railway Manager (Mechanical) Solapur and when passed for payment by Divisional Finance Manager, payment of amount due will be made by cheque through the chief cashier at the direction of Railway Administration. The contractor is liable to pay WCT if it is applicable and a registration for the same is required with the sales tax authorities of the Maharshtra state. It has been stipulated that if the WCT registration is not produced within a period of two months of the awarding of the contract, the first on account bill will not be passed. Procedure order issued by Sr. Divisional Finance Manager, Solapur may be seen at the office of DRM (M)/SUR.

10 MONITORING & INSPECTION: The work will be inspected by Senior Divisional Mechanical Engineer

or his authorized representative. 11. DEVIATION: In their offer, the tenderer shall clearly indicate all deviations from the specifications or

conditions stipulated in the entire booklet, if any. In the absence of any such indication, the offer shall be taken as confirming to the provisions stipulated in this booklet. 12. PRICE VARIATION CLAUSE: The rates quoted shall be firm and price variation shall not be allowed. 13. EARNEST MONEY DEPOSIT: The tenders shall be accompanied with by an EMD of Rs. 20,400/- in any of the valid form indicated in the tender paper. Tenders not accompanied with EMD in

valid form shall be summarily rejected. 14. SUBMISSION OF TENDERS: The tenders shall be submitted in sealed covers and dropped in the

Tender Box kept for this purpose in the office of Sr. Divisional Mechanical Engineer, DRM’s office, Solapur or sent by Registered post A/D so as to reach this office not later than 14.30 hrs (IST) of 18.04.2016. After closing of tenders at 14.30hrs, the tenders will be opened at 15.30hrs (IST) on the


same date. In case, the date of tender closing and opening happens to be a holiday, the tenders will be closed and opened on the next working day in the same manner. The tenderer desirous of attending the tender opening may do so at their own expense. Each page of the tender shall be signed under the hand and the seal of the tenderer or his authorized representative holding the power of attorney failing which the tender shall be treated as invalid and liable to be summarily rejected. 15. OFFER VALIDITY: The tenderer shall keep their offers open for Railway’s Acceptance for a period of

not less than 90 days from the date of tender opening. 16. SECURITY DEPOSIT: The Security deposit @ 5% of the contract value towards due and faithful

fulfillment of the contract shall be required to be deposited by the successful contractor in any of the acceptable form as per GCC. SD paid shall not bear interest. SD shall be deposited by the successful tenderer immediately after acceptance of tender. The SD shall be released upon completion of contract in all respect.

17. CREDENTIALS: The tenderer shall submit the offer with the following documents in support of their

credentials. i. Technical capacity ii. Financial capacity iii. Deviation statement in terms of clauses iv. Copy of valid Vehicle Registration Certificates v. Bank Account statement for one year.

INSPECTION AND ACCEPTANCE:

a. The work will be inspected by Senior Divisional Mechanical Engineer or his authorized representative for acceptance.

18. RECORD KEEPING: A printed register/Forms will be maintained for the above purpose, where train

no., date & signature of authorized Railway representatives will be affixed indicating transportation of crews from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI satisfactorily. Register shall be checked by the authorized Railway Representative. The checked record shall be produced to the authorized representative as and when demanded.

19. CO-ORDINATION WITH RAILWAYS:

1. Effective communication facility shall be provided by contractor for communication and co-ordination between his vehicle driver and Railways Supervisors for each location.

2. The Contractor shall be responsible for coordination with Railway authorities. 3. Transportation of crews from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI should be done

round the clock on all the days through out the period of contract including Sundays & holidays. 20. GENERAL

i. The work shall commence after issue of acceptance and accepted by the successful contractor for all the events and purposes and after signing the agreement between the parties. The work shall progress on the basis of subject contract.

ii. Railway will have full powers to terminate the contract at any time by giving 24hrs notice and without assigning any reason. The contractor shall ensure that the provisions laid down under various labour laws applicable to such type of contract are strictly adhered to. In addition to the above, they shall also ensure that the guidelines given by the concerned authority from time to time in this regard are strictly adhered.

iii. Payment to labour engaged by contractor, contractor shall submit Xerox copy of payment of wages made to this labour duly witnessed by controlling supervisor along with every bill.

iv. The contractor shall be responsible for compliance with the provisions of the hours of employment regulations in respect of the staff employed by him in manner decided by the appropriate authorities.

v. No labour shall be unfairly treated or removed without valid reasons and except in conformity with law. The Railway Administration will be entitled to deal with this matter and to adjudicate on any complaint in this respect and its decision will be final and binding to the contractor.

vi. The work undertaken by the contractor under the provision of this contract and the conditions shall at all times and from time to time to be carried out to the entire satisfaction of the Railway Administration and any failure on the part of the contract to carry out the work in such a manner shall constitute a breach of contract and of these conditions, on the part of the contractor.

vii. GCC shall also be applicable for this contract. 21. CONTRACTOR STAFF: No traveling charges, accommodation, daily allowances and any other

charges shall be given to the contractor’s staff. All these shall be borne by the contractor.


22. FINE FOR MISCONDUCT: The contractor shall fine or dismiss any of his workmen, if so, required by

the Divisional Railway Manager (M) or his representative on account of unsatisfactory work of conduct, insubordination any other cause not compatible with the efficient carrying out of the terms of this contract.

23. PRODUCTION OF CONTRACTOR’S DOCUMENTS FOR INSPECTION OF GOVERNMENT OFFICERS: The contractor shall, whenever required, produce or cause to be produced for cost or other

account, book of account voucher, receipt, letter, memorandum, paper or writing or any other copy of or extract from any such documents and also furnish information and returns verified in such a manner as may be required in any way relating verifying of this contract. (The decision of such officers of Railway Administration on the requisition or relevancy of any document, information, or return being final and binding on the parties).

24. SUB LETTING NOT ALLOWED: The contractor shall not sub let, assign or transfer this contract or any

rights or benefits here under to any other person or persons nor shall the contractor take in any partners without the prior written consent of Divisional Railway Manager.

25. WAGES TO LABOUR: The Contractor shall be responsible to ensure compliance with the provision of

the minimum wages act 1948 and latest amendments till now (hereafter referred to as the “said act” and the Rules made there under in respect of any employees employed by him directly or indirectly for the purpose of carrying out this work.

If, in compliance with the terms of the contract, the contractor supplied any labour to be used wholly or partly under the direct orders and control of the Railways whether in connection with any work being executed by the contractor or otherwise for the purpose of the Railway such labour shall, for the purpose of this clause, still be deemed to be persons employed by the contractor.

If any money shall, as a result of any claim or application made under the said act be directed to be paid by the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on the failure by the contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the same shall have been demanded, the Railways shall be entitled to recover the same from any moneys due or accruing to the contractor under this or any other contract with the Railways.

26. REPORTING OF ACCIDENTS TO LABOUR: The contractor shall be responsible for the safety of all

employees directly or indirectly employed by him on the works and shall report serious accident to any of them however and whenever occurring on the works to the Railway Engineers / Representatives and shall make every arrangements to render all possible assistance. Contractor will be responsible for any compensation for labour ( directly/in directly) affected to him as per WCA.

27. NON-EMPLOYMENT OF LABOURER’S BELOW THE AGE OF 18 YEARS: The contractor shall not

employ labour of age below 18 years directly or indirectly for the execution of work as per child labour act.

28. DETERMINATION OF CONTRACT Right of Railway to determine the contract.

The Railway shall be entitled to determine and terminate the contract at any time should in the Railway’s opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof.

The contractor shall have no claim to any payment of compensation or otherwise, however on account of any profit or advantage which he might have derived from the execution of the work to full but which he did not derive in consequence of determination of contract.

29. IN THE EVENT OF DEATH OR INSOLVENCY: If during the continuance of this agreement, the

contractor dies or adjudicate as insolvent or the contractor being a company shall enter into liquidation whether voluntary or compulsory, this agreement shall absolutely cease and be determined and legal representative of the contractor or his assigned in insolvency or (in case of company) the liquidation shall have no interest whatsoever under this agreement other than in respect of claim for any remuneration due for the work done the contractor prior to such events and for the return of the deposits subject to the provision herein contained as to the same provided that nothing herein this clause contained shall be deemed to prejudice or to affect any claim, which the Railway Administration may have against such representative, assignees or liquidations for or in respect or any breach of this agreement by the contractor prior to such event of in respect of any right or set off or indemnity available to the Railway Administration under this agreement.

30. SPECIAL CONDITIONS FOR ISSUE OF IDENTITY CARDS BY CONTRACTORS.

The contractor is bound to issue identity card to each and every person employed by him and deployed for execution of the contract work as per the prescribed format provided in the tender document as Appendix II at his cost. Failure on the part of the contractor to issue identity cards to their


employees will be treated as breach of contract conditions and therefore will be dealt as per Clause No.62 (VII) of GCC.

31. It is mandatory on the part of every employee, deployed by the contractor to keep in his possession, the identity card, issued by the contractor through out the execution of the work. Failure to posses such identity will be treated as unauthorized presence in the Railway premises. Such persons shall be liable for prosecution as per law.

It is mandatory for the contractors to submit the list of the employees issued with the identity cards and deployed for execution of the particular contract, to the Railway’s Engineer at site before commencement of the work and also for any subsequent changes made during the execution of the work.

No claims whatsoever arising out of implementation of special conditions pertaining to issue of identity cards shall be admissible.


32. DEMAND FOR ARBITRATION. Settlement of disputes- Indian Railway Arbitration rules. CLAUSE 63 & 64 of GCC-

Clause nos. 63 & 64 of General Conditions of contract (GCC) have been revised in view of promulgation of the Arbitration and conciliation Ordinance-1996, as under:- (Rly. Board’s letter no.96/CE-1/CT/29 dtd. 6/8/1997).

Clause 63: Matters finally determined by the Railway – All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the GM and the GM shall within 120 days after receipt of the contractor’s representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8,18,22(5), 39, 43(2), 45 (a),55, 55-A (5), 57, 57 A, 61 (1), 61(2), and 62 (1) to (xiii) (B) of General conditions of contract or in any clause of the special conditions of the contract shall be deemed as ‘excepted matters’ ( matters not arbitrable) and the decision of the Railway authority, thereon shall be final and binding on the contractor, provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause.

64(1) (i)- Demand for arbitration:-

In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, disputes or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 63 of these conditions, the contractor after 120 days but within 120 days of his presenting has final claim on disputed matters shall demand in writing that then dispute or difference be referred to arbitration.

64 (1) (ii):

The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.

64(1)(B):

a) The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. b) The claimant shall submit his claim stating the facts supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. c) The Railway shall submit its defense statement and counter claims, if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. d) The place of arbitration would be within the geographical limit of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties. 64(i) (iii):

No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defense thereof during the coarse of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

64(i) (iv):

If the contractor does /do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

64(2): OBLIGATION DURING PENDANCY OF ARBITRATION:-

Work under the contract shall, unless otherwise directed by the engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.


64(3) (a) (i):

In cases where the total value of all claims in question added together does not exceed Rs. 10,00,000/-(Rupees ten lakhs only), the Arbitral Tribunal shall consist of a sole arbitrator who shall be a gazetted officer of Railway not below JA grade, nominated by the General Manager. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM.

64(3) (a) (ii):

In cases not covered by the clause 64(3) 9a)(I), the arbitral Tribunal shall consist of a panel of Gazetted Rly. officers not below JA grade or 2 Railway Gazetted officers not below JA grade and a Railway officer, retired not below the rank of SAG officer, as the arbitrators. For this purpose the Railway will send a panel of more than 3 names of Gazetted Rly officers of one or more Departments of the Railway which may also include the name(s) of retired Railway officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway.

The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts Department. An officer of selection grade of the Accounts Department shall be considered of equal status to the officers in SA grade of other departments of the Railway for the purpose of appointment of arbitrator.

64(30(a)(iii):

If one or more of the Arbitrators appointed as above refuses to act as arbitrator, withdraws for his office as arbitrator, or vacates his/ their office/offices or is /are unable or unwilling to perform its functions as arbitrator for any reason whatsoever or dies or in the opinion of the general manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

64(3)(a)(iv):

The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day-to-day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements.

64(3)(a)(v):While appointing arbitrator(s) under sub-clause (i), (ii) & (iii) above, due care shall be taken that

he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under disput

64(3)(b)(i):The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis

and reasons shall be detailed enough so that the award could be inferred there from. 64(3)(b)(ii):A party may apply for correction of any computational errors, any typographical or clerical errors or

any other error of similar nature occurring in the award an interpretation of a specific point of award to tribunal within 60 days of receipt of the award.

64(3)(b)(iii):A party may apply to Tribunal within 60 days of receipt of award to make an additional award as to

claims presented in the arbitral award. 64.4:In case of the Tribunal, comprising of three members, any ruling or award shall be made by a majority of

members of Tribunal. In the absence of such a majority, the views of the presiding Arbitrator shall prevail. 64.5:Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of

the money for any period till the date on which the award is made.


64.6:The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia including fee of the

arbitrator(s) as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is /are appointed by the Railway Administration or by the court of law unless specially directed by Hon’ble court otherwise on the matter.

The provisions of clause 63 & 64 of GCC will be applicable only for settlement of claims/disputes between the parties for value less than or equal to 20% of the value of the contract and when the claims or disputes are of value more than 20% of the value of contract, provision of clauses nos. 63 and 64 and other relevant clauses of tender will not be applicable and arbitration will not be a remedy for settlement of such disputes.”

33. OTHER GENERAL CONDITIONS:

1.1 These "Special Conditions and Specifications, Instructions to Tenderer and the stipulations made in the Schedule of quantities and rates" shall govern the works executed under this contract.

1.2 Any foot note/s appearing below the item/s of the contract schedule will take precedence over these Special Conditions.

1.3 Any Specifications / Conditions stated by the tenderer in the covering letter submitted along with his tender shall be deemed to be a part of the contract only to such extent as have been explicitly accepted by the Railway.

1.4 The special conditions supplement the General Conditions of Tenders and Additional General Conditions of Tender, the General Conditions of Contract and should be considered a part of the contract papers. Where the provisions of these conditions are at variance with the General Conditions of Contract, these special conditions shall prevail.

1.5 The General Conditions of Contract will mean the General Conditions of Contract as amended and/or corrected from time to time and obtaining at the time of accepting of the tender and at the time of execution of the agreement mentioned in Clause 15 under Conditions of Tender. It should be the responsibility of the Contractor before submitting his tender and again before entering into said agreement to ascertain all amendments and/or corrections made to the said General Conditions of contract.

2. SECURITY DEPOSIT ON ACCEPTANCE OF TENDERS:

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

a. Security Deposit for each work should be 5% of the contract value, b. The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered, c. Security Deposit (SD) will be recovered only from the running bills of the contract and no other mode

of collecting SD such as SD in the form of instruments like Bank Guarantee, Fixed Deposit etc. shall be accepted towards Security Deposit.

Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract.

03. Performance Guarantee (PG):-

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

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

•••• A deposit of Cash;

•••• Irrevocable Bank Guarantee;

•••• Government Securities including State Loan Bonds at 5% below the market value;

•••• Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks;

•••• Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;


•••• A Deposit in the Post Office Saving Bank;

•••• A Deposit in the National Savings Certificates;

•••• Twelve years National Defence Certificates;

•••• Ten years Defence Deposits;

•••• National Defence Bonds and

•••• Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR in favour of FA&CAO(free from any encumbrance) may be accepted. NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

c. The Performance Guarantee shall be submitted by the successful bidder after the Letter Of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

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

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

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

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

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

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

iii. The Contract being determined or rescinded under provision of the GCC, the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

4. PRESERVATION OF WORK: Contractor should take all care to preserve the work until taken over by

the Railway in good condition. Contractor is responsible for handing over of work to the Railway as per scope of contract.

5. EMPLOYMENT OF STAFF : The contract is liable for cancellation if either the contractor himself or

any of his employee is found to be a person of Gazetted rank of Engineering Department which includes Civil, Mechanical, Electrical, Signal & Telecommunication Departments of Railways whether pensionable or non-pensionable who after retirement has sought engagement as contractor for or in connection with the execution of public works whether on Railway, P.W.D. or Defence Forces or as an employee of such contractor within 2 years of his retirement without obtaining the permission of the President of India before taking up such engagement or employment.

6. TAXES, ROYALTIES AND PATENT RIGHTS:

6.1.1 All rates quoted in the tender shall be deemed to be inclusive of all taxes, toll taxes and royalties payable by the contractor/s to the Govt. or public body or local authority and no additional amount will be paid or claim entertained on this account by the Railway. Contractor shall not have any claim whatsoever as a result of the increase in the rates for such royalties, taxes, duties or any other forms of levies etc. Concessional Sales Tax Form and Octroi Exemption Certificate will be issued to Contractor on his specific request, if legally permissible.

6.2 The contractor shall defray the cost of all royalties, fees and other payments in respect of patents, Patent rights and licenses which may be payable to patented licensee or other person or corporation and shall obtain all necessary licences. In case of any breach (whether willfully or inadvertently) by


the contractor of this provision, the contractor shall indemnify the Railway and its officers, servants, representatives against all claims, proceedings, damages, cost charges, loss and liability which they or any of them may sustain incur or be put to by reason or inconsequence of, directly or indirectly, any such breach and against payment of any royalties, damages or other moneys which the Railway may have to make to any person or paid in total to the patent rights in respect of the users of any machine, instructions, process, articles, matters or thing constructed, manufactured, supplied or delivered by the contractor to his order under this contract.

7. PERMIT OR PARWANA :The contractor will at his own expense obtain such permits or parwana from

whomsoever necessary for carrying out work or for any other purpose as may be necessary to enable him to perform his part of the contract. The Railway Admn. will not under any circumstances be liable to obtain any permit or parwana whatsoever, for the contractor.

8. STORAGE OF INFLAMMABLE ARTICLES: No inflammable materials, such as petroleum oil etc.

within the meaning of the Indian Petroleum Act and Indian Explosives Act shall be stored at site or adjacent land until the approval of the Railway and necessary license under the Act has been obtained by the Contractor. All due precautions as required under the Act shall be taken by the contractor.

9. ANTI-LARVAL WORKS: The contractor/s shall at his/their cost carry out all anti-larval works as per the

Bye-laws of the local authorities concerned or as may be directed by the engineer during the execution of the work/s under this contract. If the contractor/s fails to carry out such work/s the railway may carry out the same and recover the cost thereof from the contractor/s in the same way as other Railway amounts are recoverable.

10. SERVICE ROADS AND APPROACHES: The rates for all items of the schedule shall be inclusive of

the cost of all arrangements for crossing all obstructions to be crossed in the course of the work over land or across water and the cost of providing and maintenance of approach and/or service roads as may be necessary for bringing and removing the plants, machinery and material to and from the site of work including rent for use and/ or compensation for damage if any to intervening private land traversed by such approach/ service roads, and including cost of acquisition of land, if required for the purpose. The contractor will be permitted to make use of available service roads of the Railways free of cost. Railway reserves the right to make use of the contractors service road without paying any charges to him.

11. RATES: Tenderer should note that the rates quoted shall embrace all operations necessary for

the satisfactory completion of the work and shall include all charges for handling, transport, lead, lift, labour, housing, sanitation, water supply, materials, fuel, tools and plants, electric power, workshop facilities, machinery, security, lighting etc. and any other expenses of every kind.

12. SAFE WORKING METHODS: The contractors shall at all times, adopt such safe methods of working

as will ensure safety of structures, equipment and labour, Safety Rules that should be adhered to are given as guidelines in Appendix "A". If at any time, the Railway finds the safety arrangements inadequate or unsafe, the contractor shall take immediate corrective action as directed by the Rly's representative at site. Any directions in the matter shall in no way absolve the contractor of his sole responsibility to adopt safe working methods. The contractor is responsible for providing skilled personnel and adequate expert supervision so as to ensure complete safety.

13. NOTICE TO PUBLIC BODIES: The contractor shall give to the Municipality, Police and other

authorities all notices that may be required by the law and obtain all requisite licenses for temporary obstructions, enclosures and pay all fees, taxes and charges which may be leviable on account of his own operation in executing the contract. He should make good any damage to adjoining premises whether public or private and provide and maintain any light etc. required in night.

14. PLEA OF CUSTOM: The plea of `Custom' prevailing will not on any account be permitted as an excuse

for infringement or any of the conditions of contract or specifications. 15. LEGAL CHARGES: A fee of Rs.200/- per legal document like partnership deed or power of attorney

executed before or after the execution of the contract will be recovered from the contractor for obtaining legal advice of the Law Officer.

16. FIRST-AID: The contractor shall maintain in a readily accessible place first-aid appliance including

adequate supply of sterilized dressing and sterilized cotton wool. The appliances shall be placed under the charge of responsible person who shall be readily available during working hours.

17. FORCE MAJEURE CLAUSE: If at any time during the continuance of this contract, the performance in

whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter referred to ‘events’) provided,


notice of the happening of any such event is given by either party to the other within 21 (Twenty one) days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance, and works under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist. The works/completion period shall be extended by the Railway Administration for this period without any penalty.

18. DAMAGE, ACCIDENTS OR FLOODS OR TIDES: The contractor shall take all precautions against

damages from accidents, floods or tide. No compensation will be allowed to the contractor for his tools, plants, materials, machines and other equipment lost or damaged by any cause whatsoever.

The contractor shall be liable to make good the damages to any structure or part of a structure, plant or material of every description belonging to the Railway Administration, lost or damaged by any cause during the course of contractor's work. The Railway Administration will not be liable to pay to the contractor any charges for rectification or repairs to any damage which may have occurred from any cause whatsoever, to any part of the new structures during construction. No claims in this regard will be arbitrable.

19. TRESPASS: The contractor shall at all times be responsible for any damages or trespass

committed by his agents and workmen in carrying out the work, unless such trespass is authorized by the Engineer. The following additional clause No. 55-A to the General Condition of the Contract will be applicable:-

20. PROVISION OF PAYMENT OF WAGES ACT & CONTRACT LABOUR REGULATION & ABOLITION ACT 1970)

(1) The contractor shall comply with the provisions of the payment of Wages Act-1948 and the rules made there under in respect of all employees directly or through petty contractor, sub-contractor employed by him in the works and the Contract Labour (Regulation and Abolition) Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971 as modified from time to time, wherever applicable and shall also indemnify the Railway from and against any claim under the aforesaid Acts and the Rules.

(2) The contractor shall obtain valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfill this requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the work.

(3) The contractor shall pay to labour employed by him directly or through sub-contractors the wages as per provisions of the aforesaid Act and the Rules wherever applicable. The contractors shall not withstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the work including any engaged by his sub-contractors in connection with the said work, as if the labour had been immediately employed by him.

(4) In respect of all labour directly or indirectly employed in the work for performance of the contractor's part of the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable .

(5) In every case in which by virtue of the provisions of the aforesaid Act or the Rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingency liability of the Railway due to the contractor's failure to fulfill his statutory obligations under the aforesaid Act or the Rules and Railway will recover from the contractor the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under Section 20 Sub-section (2) and Section 21 Sub-section (4) of aforesaid Act the Railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under sub-section (1) of Section 20 and Sub-section (4) of Section 21 of the aforesaid Act except on the written request of the contractor and upon his giving to the Railway full security for all cost for which the Railway might become liable in contesting such claim. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above, shall be final and binding on the contractor.

(6) If the contractor is a co-operative labour contract, Society / Vendor Co-operative Society, there shall be no element of contractor or ex-contractors in that Society in any capacity nor shall there be any close relative of the Contractor or ex-contractor associating with the Society as an office bearer.

The Railway administration reserve the right to terminate the con tract of the Society at any time without any reason after giving notice of calendar month, in case of breach of the above clause.


21. CLAIMS:

21.1 The contractor shall put up his claim as per clause 43 of the General Conditions of Contract during the progress of work and not after completion of the work. All such claims shall be settled promptly during the progress of the work.

21.2 The contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of or arising out of this contract, nor shall the Railway entertain or consider any such claim, if made by the contractor after he have signed a `No Claim Certificate' in favour of the Railway, in such form as shall be required by the Railway after the works are finally measured. The Contractor shall be debarred from disputing the correctness of the items covered by "No Claim Certificate" or demanding a reference to arbitration in respect thereof.

22. FOREIGN EXCHANGE: Any demand of foreign exchange for importing of equipments & materials will

not be accepted. 23. IN THE EVENT OF DEATH OR INSOLVENCY :If during the continuance of this agreement, the

contractor dies or adjudicate as insolvent or the contractor being a company shall enter into liquidation whether voluntary or compulsory, this agreement shall absolutely cease and be determined and legal representative of the contractor or his assigned in insolvency or (in case of company) the liquidation shall have no interest whatsoever under this agreement other than in respect of claim for any remuneration due for the work done the contractor prior to such events and for the return of the deposits subject to the provision herein contained as to the same provided that nothing herein this clause contained shall be deemed to prejudice or to affect any claim, which the Railway Administration may have against such representative, assignees or liquidations for or in respect or any breach of this agreement by the contractor prior to such event of in respect of any right or set off or indemnity available to the Railway Administration under this agreement.

24. Other conditions:

• Any clarification about specifications, drawings, requirements given in this scope of work etc. may be sought from the Railways by the tenderer / contractor before starting the work.


APPENDIX-`A'

SAFETY RULES

1. The contractor shall provide all necessary fencing and lights to protect the public/ Railway

staff from accident, and shall be bound to bear the expenses of defense of every suit action or other proceedings at law that may be brought by any persons for injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in any such suit action or proceedings to any such persons or which may with the consent of the contractor be paid to compromise any claim by any such person.

2. All necessary personal safety equipment should be kept available for the use of the persons employed on the site and maintained in condition suitable for immediate use and the contractor should take adequate steps to ensure proper use of equipment by those concerned.

(a) Those engaged in welding works shall be provided with welder's protective eye sight lids. 3. When the work is done near any place where there is risk of drowning, all necessary equipment should be provided and kept ready for use and all necessary steps taken for prompt rescue of any persons in danger and adequate provision should be made for prompt first aid treatment of all injuries likely to be sustained during the course of the work. 4. Motors, gearing transmission, electric wiring and the dangerous part of appliances should be provided with efficient safe guards, appliances should be provided with such means will as reduce to the minimum the risk of accidental descent of the load, adequate precautions should be taken to reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energized insulating mats, wearing apparel, such as gloves, sleeves and both as may be necessary should be provided. The workers should not wear any rings, watches and carry keys or other materials which are good conductors of electricity. 5. USE OF EXPLOSIVE

Explosive shall not be used on the work or brought to the site by the contractor without the written permission of the Engineer. After such permission is given, the explosives will be stored and used as per extant explosive rules of the Government of India/State Government. 6. These safety provisions should be brought to the notice of all concerned, display on a notice

board at a prominent place at the work spot. The persons responsible for compliance of the safety code shall be named herein by the contractor.

7. To ensure effective endorsement of the rules and regulations relating to safety precautions, the arrangements made by the contractor shall be opened to inspection by Labour Officer/Engineer-in-charge of the Department or their representative.

8. Precautions while working in the vicinity of track:- (a) When the work is required to be done along or near existing Railway track, the contractors

shall take steps as are necessary for the safety of the track, labour working at site. He/They will also be required to programme his/their working so as not to interfere with movement of trains. No extra payment shall be allowed for these precautions. It should be ensured that the ballast of the track is not spoiled or mixed with earth.

(b) The contractor(s) shall be fully responsible for any damage to or trespass caused by his/their men to surrounding structure, Rly. bears no liability whatsoever on this account.

9. Notwithstanding the above clause from (1) to (8) there is nothing in these to exempt the contract or the operation of any other act or Rule in force in the Republic of India.


SCHEDULE OF RATES

Approximate cost of the Contract: Rs. 10,20,000.00 (Rupees Ten lakhs twenty thousand Only)

Period of Contract: One year Place of Work: Between Sainagar Shirdi station and Puntamba

station.

Sl No

Name of work Schedule quantity for one year

Rate per kilometer in Rs.

Total cost for one year in Rs.

1 Hiring of vehicle for the transportation of crew from SAINAGAR SHIRDI-PUNTAMBA-SAINAGAR SHIRDI

5000 kms per month for 12 months = 60,000 kms

Total Rs. Total amount In words : Rupees.

Note:

• The rates in words and figures should be without overwriting/corrections are required to be quoted by tenderer. Overwriting/corrections of rates written in words and figures should be attested by the tenderer.

• The rate quoted shall be inclusive of all applicable taxes, tolls etc.

• There should not be any ambiguity in quoted rates. If any ambiguity found in rates, the same offer will not be considered.

• The scheduled quantity given in the offer sheet is approximate and likely to vary upwards or downwards. No claim will be entertained in this regard.

• The participating agency should own the specified vehicle and the document proving the ownership of vehicle should be submitted along with tender document/offer. The offer without accompanying this document will be summarily rejected.

Place: Solapur Date: Name of Tenderer: Signature & Seal of Tenderer(s) Address & Tel./Mobile No.


Appendix -II

IDENTITY CARD

IDENTITY CARD NOHHHHHH. DATE OF ISSUE HHHHHHHH.. CONTRACT AGREEMENT NO. NAME OF THE CONTRACTOR & ADDRESS

Space of Photo

PARTICULARS OF EMPLOYEE : (I) NAME OF THE ESTABLISHMENT : (II) NAME OF THE EMPLOYEE : (III) AGE : (IV) SEX : (V) DATE OF ENTRY IN SERVICE : (VI) DESIGNATION/NATURE OF WORK : (VII) DEPARTMENT : (SIGNATURE OF CONTRACTOR) (SIGNATURE/THUMB IMPRESSION (The person who signed the original OF EMPLOYEE) tender document or the contract agreement)


REVISED MODEL FORM OF BANK GUARANTEE BOND

GUARANTEE BOND

1. In consideration of the president of India (hereinafter called “the Government”) having agreed to exempt. M/s. ------------------------------------------------------------------------------------------------------------- (hereinafter) called “ the Contractor”) from the demand, under the terms and conditions of an Agreement vide No.----------------------------------------- dated -------------------- for the work of -------------------------------------------------------------------------------------- (hereinafter called “the

2. Agreement”) of security deposit for fulfillment by the said contractor of the terms and condition contained in the said Agreement, on production of a bank Guarantee for Rs. ---------------------------------- (Rupees ----------------------------------------------------------------------------------------------------------------- only ) We, ------------------------------------- (hereinafter s) do hereby undertake to pay to the Government an amount not called as “ the Bank”) at the request of ---------------------------------------- (Contractor (exceeding Rs. ------------------------- against any loss of damage caused to or suffered or would be caused to or suffered or would be caused or suffered by the Government by reason of any breach of any of the terms or conditions contained in the said Agreement.

3. We ----------------------------------------------------------- do hereby undertake to pay the amounts

due and payable under this Guarantee without any demur merely on a demand from the Government stating that the amount claimed is due by way of loss or damages caused to or would be caused to or suffered by the Government by reason of breach by the said Agreement or by reason of breach by the said Agreement or by reason of contractors failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee. However our liability under this B.G. shall be restricted to an amount not exceeding Rs. ------------------------------------------------- we, undertake to pay to the Government any money as demanded not withstanding any disputes raised by the contractors in any suit as proceedings pending before any court on tribunal relating there to our liability under this present being absolute and equivocal.

The payment so made by us under this bond shall be valid discharge of our liability for payment the under and the Contractor/Supplier (s) shall have no claim against us for making such payment.

4. We, the Bank ---------------------------------------------------- further agree that the Guarantee herein

contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and it shall continued to be enforceable till all the dues of the Government under or virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till the office of ------------------------------------------------------------- certified that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor and accordingly discharge this Guarantee unless a demand or claim under this Guarantee is made to use in writing on or before -----------------------. We shall be discharged from all liabilities under this Guarantee thereafter.

5. We the Bank ------------------------------------------------------ further agrees with the Government

that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to very any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor and to forebear or enforce any of the terms and conditions, relating to said Agreement and we shall not relieved from our liability by reason of any such variation or extension being granted to the said contractor or for any for bearence act or omission on the part of the Government on any indulgence by the government to the said


contractor or any such matter or thing whatsoever which under the law relating to sureties as would, but for the provisions, have effect of so relieving us. This Guarantee will not be discharged due to the change in the constitution of the Bank or the contractor.

6. We, the Bank ----------------------------------------------------------------- lastly undertake not to revoke

this Guarantee during the currency except with the previous consent of the Government in writing.

7. Not withstanding anything contained herein above our liability under this Guarantee is

restricted to Rs.------------------------------------------- (Rs.---------------------------------------------------------------------------------------------------------------------- only ) and shall remain in force till --------------------------------. Unless a demand or claim is made in writing on us under this Guarantee and receive by us at the address given herein below on or before --------------------------------------------- all you rights under the said Guarantee shall be forfeits and we shall be relieved of and shall stand discharged from all liabilities under this Guarantee, thereafter.

This Guarantee should be return to the Bank Guarantee issuing office immediately after its expiry on ------------------------------------------.

Date : Place:


ARBITRATION CLAUSE:- Settlement of disputes- Indian Railway Arbitration Rule

A. Matters finally determined by the Railway. -All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the GM and the GM shall within 120 days after receipt of the Contractor’s representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8,18,22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A, 61(1), 61(2) and 62(i) to (xiii) (B) of General Conditions of Contract or in any clause of the special conditions of the contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decision of the Railway Authority, thereon shall be final and binding on the contractor provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause.

B. (i) Demand for Arbitration. – In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference be referred to arbitration.

(ii) The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item wise. Only such dispute or difference, in respect of which the demand has been made, together with counter claims or set off given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.

(a) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

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

(c) The Railway shall submit its defense statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

(d) The place of arbitration would be within the geographical limits of the division of the Railway where the cause of action arouse or the Headquarters of the concerned Railway or any other place with the written consent of the both the parties.

(iii) No new claim shall be addressed during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

(iv) If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

C. (2) Obligation during pendency of arbitration. - Work under the contract shall, unless otherwise directed by the Arbitral Tribunal, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.


C. (3) (a) (i) In cases where the total value of all claims in question addressed together does not exceed Rs. 10,00,000/-(Rupees ten lakhs only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a gazetted officer of Railway not below JA grade, nominated by the General Manager The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM.

(ii) In cases not covered by clause C.(3) (a)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG officer, as the arbitrator. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments, of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM Contractor will be asked to suggest to General Manager at least 2 names out of the panel for appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer of Selection Grade of the Accounts department shall be considered of equal status to the officers in SA grade of other departments of the Railway for the purpose of appointment of arbitrators.

(iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

(iv) The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day to day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements.

(v) While appointing arbitrator(s) under sub-clause (i), (ii) and (iii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

C.3 (b) (i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from

(ii) A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of a tribunal and interpretation of a specific point of award to tribunal within 60 days of receipt of the award.


(iii) A party may apply to tribunal within 60 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

C.4 In case of the Tribunal, comprising of three Members, any ruling on award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

C.5 Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

C.6 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s), as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is /are appointed by the Railway Licensor or by the court of law unless specifically directed by Hon’ble court otherwise on the matter.

C.7 Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.

Signature & Seal of Tenderer(s)


GENERAL CONDITIONS

Indian Railways general conditions of contract current on the date of the tender subject to modifications of supplementary instructions to tenderer and special terms and conditions of the contract as may be stipulated by the Railways shall govern the contract. The tenderer shall be deemed to have offered their quotations after acquainting themselves with these conditions and agreeing to abide by them in case their tender is acceptable. The Railway does not bind itself to consider or accept any deviations.

-------- **** --------


AGREEMENT FOR WORKS CONTRACT AGREEMENT NO.______________________ dated ________

ARTICLES OF AGREEMENT made this ___________ day of ____________ between the

President of India acting through the Railway Administration hereinafter called the “Railway” of the one part and _______ hereinafter called the “Contractors” of the other part.

WHEREAS the Contractor has agreed with the Railway for the performance of the work

___________ set-forth in the schedule hereto annexed upon the General Conditions of Contract and the Specifications of the Central Railway and the special conditions and special specifications, if any and in conformity with the drawings hereunto annexed AND WHEREAS the performance of the said work is an act in which the public are interested.

NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the

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

Address : Central Railway

__________________________ For and on behalf of the President of India

__________________________ Date : ______________


MANDATE FORM FOR EFT/NEFT

1. PARTICULARS OF THE PARTY

2. NAME:_________________________________________________

3. ADDRESS: _____________________________________________

4. PHONE NO: ____________ MOBILE_________ FAX ____________

5. INCOME TAX PAN NO: ___________ EMAIL ID: _______________

2. PARTICULARS OF BANK ACCOUNT

i) CITY: ______________________________________________

ii) BANK NAME: _________________________________________

i) BRANCH: ________________________________________________

ii) BANK ADDRESS: _________________________________________

iii) BANK TEL NO:________________FAX NO ___________________

iv) BANK MICR CODE (9 DIGIT): ___________________________

v) BANK IFS Code: _____________________________________

vi) BANK ACCOUNT NO: ______________________________

(Please enclose a cancelled blank cheque)

vii) ACCOUNT TYPE: (SAVINGS/CURRENT/CASH CREDIT):

3. Certified that the particulars furnished with reference to Bank Account are correct and the Bank guarantees to honour all EFT/NEFT advices/reports as per RBI Regulations.

___________________________________

Bank’s Seal Signature of the authorized official of the Bank 4. DECLARATION BY THE PARTY: i) I hereby declare that the particulars given in this mandate form are correct and

complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, the User institution i.e. Sr. DFM/SUR Central Railway, Solapur will not be held responsible.

Date ________________

Signature of the party with Stamp

END OF TENDER DOCUMENT