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 GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) GLOBAL TENDER No. Track-III/2009/22/0106 of 2009 for Procurement of High Output Tie Tamping Machine Due Date - 15.12.2009 Time - 14.30 Hrs. I.S.T. Venue - Rail Bhavan, New Delhi-110 001 Fax : 91-11-23384481 91-11-23387098 E-mail : [email protected]. Price : Inland …………….. Rs.2000/- Foreign ……………… US Dollars 50/-

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 GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

GLOBAL TENDER 

No. Track-III/2009/22/0106 of 2009

for

Procurement of High Output Tie Tamping

Machine 

Due Date - 15.12.2009

Time - 14.30 Hrs. I.S.T.

Venue - Rail Bhavan, New Delhi-110 001

Fax : 91-11-2338448191-11-23387098

E-mail : [email protected].

Price :

Inland …………….. Rs.2000/-

Foreign ……………… US Dollars 50/-

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INDEXPAGE NO.

PART - I 

TENDER INVITATION 1-2

PART - II

SECTION A – Instruction to Tenderers A-1 to A- 12

SECTION B – General Conditions of Contract B-1 to B-13

SECTION C – Special Conditions of Contract C-1 to C-4

SECTION D - Annexures

ANNEXURE-1 D-1 to D-2ANNEXURE-2 D-3 to D-5ANNEXURE-3 D-6ANNEXURE-4 D-7ANNEXURE-5 D-8-D-9

ANNEXURE-6 D-10ANNEXURE-7 D-11ANNEXURE-8 D-12 to D-13ANNEXURE-9 D-14 to D-17ANNEXURE-10 D-18 to D-22

PART-III

SECTION E – Schedule of Requirement E-1SECTION F – Technical Specification F- -F-

ANNEXURE-1 F-ANNEXURE-2 F-ANNEXURE-3 F-ANNEXURE-4 F-ANNEXURE-5-A F- to F-ANNEXURE-5-B F-

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GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER DOCUMENT

PART – 1

TENDER INVITATION

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GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER INVITATION

Global Tender Notice No.Track-III/2009/22/0106 of 2009

1.  Tender is invited for and on behalf of the President of India fromexperienced manufacturers or their authorized agents and reputed Indianmanufacturers for supply of the following:-

Tender

Notice No.

Description

of Stores

Qty.

(Nos.)

Cost of 

TenderdocumentRs. US$

Bid Guarantee

Indian Rs.

Last date of 

submissionand openingof tender

Track-III/2009/22/ 0106 of 2009

High OutputTie TampingMachine

10 nos.(Ten)

2000/- 50$ 20,00,000(Twenty lacs)

15.12.2009

2. The sale timings for tender documents will be 10.00 hrs. to 13.00 hrs. on allworking days. The offers complete in all respects will be received upto 14.30 hrs. andwill be opened at 15.00 hrs. on the date specified above.

Tenderers will be required to:-

i)  Furnish a Bid Guarantee for the amount specified above for tendervalid for 225 days after tender opening and

ii)  Keep their offer open for 180 days from the date of opening of bid.

3. A contract performance guarantee bond for 10% of the contract price will haveto be furnished by the bidder in the event of a contract being awarded to him.

4. Non-transferable Tender Documents containing detailed description of storesrequired as also other terms and conditions may be had from the office of the RailwayBoard, Rail Bhawan, Room No.156/5, Raisina Road, New Delhi-110 001. The costof tender documents is to be deposited in cash with Head Cashier, Northern Railway,Baroda House, New Delhi. The tender document will be issued on production of receipt thereof. The firm desirous of getting the tender documents by post shouldsend an additional amount of Rs.50/- per set to cover the Postal Charges, throughD.D./Bankers Cheque in favour of Secretary, Railway Board, Payable at New Delhi.Postal Orders and Cheques will not be accepted.

NOTE: i) Tender documents are also available on Indian RailwaysWebsite (www.indianrailways.gov.in) which can be down loaded for use andsubmission of offer However the firm will have to submit the receipt

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showing the payment of tender cost as detailed above in para 4, beforesubmitting the offer

ii)  Tender from Tenderers who have not purchased the tenderdocuments or not accompanied by the receipt as mentioned in para i) above incase submission of downloaded tender, tenders not accompanied by Bid

Guarantee in the format given in Annexure-5 of Tender Document andTenders from Agents without Letter of Authority from the manufacturers areliable to be summarily rejected.

Telex and incomplete offers will be summarily ignored.

(S,M.Pandey)Director Track(MC)

Railway BoardFor and on behalf of the President of India

******

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GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER DOCUMENT

PART - II

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SECTION-A

INSTRUCTIONS TO TENDERERS

TABLE OF CONTENTS

Clause Page No.

1. General instructions A 1

2. Technical information A 1

3. Agents and service facilities in India-Agency Commission A 14. Qualifying requirements of tenderers A 2

5. Time Schedule A 3

6. Earnest Money/Bid Guarantee A 3

7. Submission of offers A 4

8. Local Conditions A 5

9. Price basis and indemnity A 5

10. Insurance A 7

11. Evaluation of the offers A 712. Basis of evaluation of Tender A 8

13. Shipping Arrangement A 8

14. Packing A 9

15. Import licence A 9

16. Acceptance of tender A 9

17. Effect and validity of offer A 9

18. Spare parts A 10

19. Training of Railway Staff A 10

20. Service Engineers A 10

21. Offer by FAX A 11

22. General A 12

23. Last date of receipt of tender A 12

A

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 INSTRUCTIONS TO TENDERERS

1.0 GENERAL INSTRUCTIONS: 

1.1  On behalf of the President of India, The Director, Track (MC), Ministry of Railways

(Railway Board), New Delhi, India (hereinafter referred to as the Purchaser), invitesoffers from established and reliable manufacturers or their authorized agents for thesupply as set forth in the “Schedule of Requirements”.

1.2  All offers in the prescribed form at Annexure 1 or 2 ( as applicable) should besubmitted before the time and date fixed for the receipt of offers as set forth in thetender papers. Offers received after the stipulated time and date will be rejected.

1.3  All information in the offer must be in English. Information in any other languagemust be accompanied by its authenticated translation in English; failure to complywith this will tender the offer liable to be rejected. In the event of any discrepancy

between an offer in a language other than English and its English translation the latterwill prevail.

1.4  Only one tender may be submitted by each tenderer. No tenderer may participate inthe tender of another for the same contract in any relation whatsoever.

2.0 TECHNICAL INFORMATION: 

2.1  Clarification regarding Specifications indicated in the ‘Schedule of Requirements’may be obtained from Director, Track (MC), Ministry of Railway, Railway Board,New Delhi.

2.2  The equipment offered should be in accordance with the stipulated drawings andspecifications in ‘Schedule of Requirements’.

2.3  The Purchaser will accept internationally accepted alternative specifications whichensure equal or higher quality than the specifications mentioned in the tenderspecifications. However, the decision of the purchaser in this regard shall be final. Inthis connection, attention of tenderer is invited to the ‘Statement of Deviations’ fromtender specifications (Annexure-7) which should invariably be filled in and submittedalongwith the offer and further two copies of the alternative specifications offeredshould be sent alongwith the offer.

2.4  The tenderer shall indicate his compliance or otherwise against each clause and sub-

clause of the technical specifications. The tenderer shall, for this purpose, enclose, aseparate statement (Annexure-7) indicating compliance or otherwise of each clause of specifications. Whenever the tenderer deviates from the provisions of a clause/sub-clause he shall furnish his detailed justification for the same in the Remarks’ column.

3.0 AGENTS AND SERVICE FACILITIES IN INDIA-AGENCY COMMISSION: 

3.1  Foreign firms quoting direct against the enquiry and who want IndianAgents/Associates and or servicing facilities in India should indicate in their offer thename of their Indian agents/associates or the representatives they have for servicing inIndia. They should quote net F.O.B./C&F/CIF price, exclusive of the amount of remuneration or commission provided for the Indian agents/associates. It should beunderstood that the Purchaser will indemnify the supplier against payment of suchcommission to the Indian agents/associates in rupees in India in respect of a contract

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A-2In addition to the above, further information regarding his capacity/capability, if required by the Purchaser shall be promptly furnished by the tenderer.

4.3  Tenderer not submitting the requisite information and not conforming to performancestandards specified may note that his offer is liable to be ignored.

5.0 TIME SCHEDULE:

5.1 The basic consideration and the essence of the contract shall be the strict adherence tothe time schedule for the supply of items/item offered.

5.2  The time and the date specified in the contract for the delivery of the stores and theequipment shall be deemed to be essence of the contract and the delivery must becompleted not later than the date so specified. The attention of the tenderers isinvited to clauses regarding liquidated damages and default in the General Conditionsof the contract and clause 10 ( Delivery schedule) in the special conditions of contractby which the contract shall be governed.

6.0  EARNEST MONEY/BID GUARANTEE:

6.1 Bid Guarantee for the amount stipulated in the Schedule of Requirements shallaccompany each tender. The bid security shall be denominated in the currency of theBid or another freely convertible currency and shall be in one of the following forms:

a) Deposit receipt, Pay orders, Guarantee Bond and Bank Draft, in favour of theFinancial Adviser and Chief Accounts Officer, Northern Railway, BarodaHouse, New Delhi-110 001 (India) from a Nationalized or scheduledcommercial banks.

b)  Bonds of IRFC and KRCL.

c)  The EMD should be valid for 45 days beyond validity of the bid.

6.2  If the validity of the offer is extended the Earnest Money Deposit/Bank Guaranteeduly extended shall also be furnished, failing which the offer after the expiry of theaforesaid period shall not be considered by the Purchaser.

6.3  No interest will be payable by the purchaser on the Earnest Money/Bid Guarantee.

6.4  The Earnest Money/Bid Guarantee deposited is liable to be forfeited, if the tendererwithdraws or amends, impairs or derogates from the tender in any respect within theperiod of validity of his offer.

6.5 The Earnest Money of the successful tenderer will be returned (within sixty days)after the contract Performance Guarantee as required (Clause 22 of the GeneralConditions of Contract) is furnished and formal contract duly signed is received bythe purchaser.

6.6 If the successful tenderer fails to furnish a contract performance guarantee asspecified in clause 22 of the general conditions of contract and fails to return theformal contract duly signed within thirty days of the receipt of the formal contract,then the Earnest Money shall be liable to be forfeited by the Purchaser.

6.7  The Earnest Money of all unsuccessful tenderers will be returned by the purchaserwithin 30 days after issue of acceptance to the successful tenderer.

6.8  Any tender not accompanied by Earnest Money in one of the approved forms given inl 6 1 b ill b j t d b th h i

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A-37.0 SUBMISSION OF OFFERS: 

7.1 All offers shall be either typed or written neatly in indelible ink.

7.2  Any individual (s) signing the tender or other documents connected therewith shouldspecify whether he is signing.

i)  as sole proprietor of concern or as attorney of the sole proprietor;ii)  as a Partner or Partners of the firm;iii)  as a Director, Manager or Secretary in the case of a Limited Company

duly authorized by a resolution passed by the Board of Directors orin pursuance of the authority conferred by the Memorandum of Association.

7.3  In the case of a firm not registered under the Indian Partnership Act, all the partnersor the attorney duly authorized by all of them should sign the tender and all otherconnected documents. The original power of attorney or other documentsempowering the individual or individuals to sign should be furnished to the purchaserfor verification, if required.

7.4  All prices and other information like discounts etc., having a bearing on the priceshall be written both in figures and words in the prescribed offer form.

7.5  Offer, in quadruplicate, in the prescribed form (annexure 1 or 2, as applicable,)should be addressed to the President of India through the Director, Track (MC),Ministry of Railways, Railway Board, Rail Bhawan, Raisina Road, New Delhi, Indiaand submitted in the manner specified in the Tender Invitation contained in TenderDocuments (Part – I).

7.6  Offers shall be as per the Instruction to tenderers, the General and Special Conditionsof contract given in the Tender Documents. However, the tenderer shall indicate his

acceptance or otherwise against each clause and sub-clause of the Instruction totenderers, the General and Special Conditions of Contract. For this purpose, thetenderer shall enclose a separate Statement (Annexure – 7) indicating only thedeviations from any clause or sub-clause of the Instruction to tenderers, the Generaland Special Conditions of Contract, which he proposes with full justification for suchdeviations and additional price for complying with the conditions of the contract ineach case. The Purchaser, however, reserves the right to accept or reject thesedeviations and his decision thereon shall be final.

7.7  Offers are required from the actual manufacturers of the stores or their authorizedagents who should submit a letter of authority from their Principals as in Annex.-6.Offers from other agents, brokers and middlemen will not be accepted.

7.8  The tenderer should avoid ambiguity in his offer, e.g., if his offer is to his standardsize, dimensions, he should specifically state them in details without any ambiguity.Brief descriptions such as standard length etc. should be avoided in the offer.

7.9  Each page of the offer must be numbered consecutively, should bear the tendernumber and should be signed by the tenderer at the bottom. A reference to the totalnumber of pages comprising the offer must be made at the top right hand corner of the first page.

7.10  QUANTITY VARIATION CLAUSE: The purchaser reserves the right to vary thequantity mentioned in the ‘Schedule of Requirements’ by plus/minus 30% during thecurrency of the contract.

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A-48.0  LOCAL CONDITIONS: 

8.1 It will be imperative on each tenderer to fully acquaint himself of all the localconditions and factors which would have any effect on the performance of thecontract and cost of the stores. In his own interest, the foreign tenderer shouldfamiliarize himself with the Income Tax Act. 1961, the companies Act 1956, the

customs act 1962 and related laws in force in India. The Purchaser shall not entertainany request for clarifications from the tenderer regarding such local conditions. Norequest for the change of price, or time schedule of delivery of stores shall beentertained after the offer is accepted by the Purchaser.

9.0  PRICE BASIS AND INDEMNITY: 

9.1 Foreign tenderer shall quote his price on the basis of FOB nearest port of shipmenthaving facilities to handle the same (ii) C&F Indian Port and (iii) CIF Indian Port.

9.2  The terms FOB, C&F and CIF shall be as defined in the current edition of 

International Rules for the interpretation of the Trade terms published by theInternational Chamber of Commerce, Paris and commonly referred to asINCOTERMS.

9.3  These prices should not include agency commission payable to Indian Agents whichshall be exhibited as already indicated in clause 3.0. The Indian Agent’s commissionshall be shown in foreign currency as a definite amount and not as a percentage.

9.4  The prices should be stated only in one currency and should be either in the currencyof the Tenderers country or in US dollars. However, if the goods offered aremanufactured in more than one country, the tenderer may state portions of the bidprice in the respective currency of the country of origin in which he wishes to be paid.

The bid price shall be total of such portions. Alternatively, tenderer may, at hisoption, state the entire bid price in U.S. Dollars. The portion of the bid price relatingto components of Indian origin to be incorporated in the stores or supply of storesshall be stated in Indian Rupees.

The contract price will normally be paid in the currencies in which the price is statedin the successful tender. However, purchaser reserves the right to effect payment of the equivalent amount in the currency or currencies of the country of origin of thegoods in case the price is stated in other currencies. The equivalent amount will becalculated on the basis of rate of exchange prevalent on the date of payment.

9.5  CIF prices shall be based on ocean transportation and marine insurance to be arranged

in accordance with the procedure prescribed under Clause 10 of Instruction totenderers relating to insurance and Clause 13 of Instruction to tenderers regardingshipping arrangements. The purchaser shall also have the right to sign the contract onC&F basis in which case he will not be responsible for making shipping arrangementsand on CIF basis in which case he will not be responsible for making arrangementsfor shipping and marine insurance.

9.6  The prices quoted shall be firm and not subject to any variation. In the case of CFRand CIF delivery, ocean freight charges and marine insurance included must also befirm and no variation will be allowed on this account after the opening of tenders.

9.7  The tenderers should quote their lowest possible prices. Quotation should be madeonly for units specified in the “Schedule of Requirements”.

9 8 T d b itti i di ff h ll i di t th FOR (F R il) i

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A-5Excise Duties leviable on the final finished supplies tendered for. In addition, acomplete break-up showing the ex-factory price, taxes and excise duties individually,incidentals and handling charges, freight and insurance charges, if any, shall also begiven as mentioned in Annexure-II.

9.9 For partly imported and partly indigenous machine, if the indigenous portion is more

than 20% of the total cost of the machine, escalation on the indigenous portion of thecost of the machine may be admitted if desired by the tenderer. However, the financialimplication of such an escalation would be calculated and loaded on to the offer to

decide inter-se position of the tenderer as per cl.9.9.1. The formula for escalation shallbe as under:

P=Po {W(A1-A2)+X(B1-B2)+Y(C1-C2)+Z(D1-D2)}A2 B2 C2 D2

P= Price after escalation

Po= Price as per offer

A1= Wholesale price index number III, J.a, a.1., for iron and steel as per table No.39of Reserve Bank of Indian Bulletin for the 3rd month preceding the expiry of thedelivery.

A2= Wholesale price index number III, J.a., a.1 for iron and steel as per table No.39of Reserve bank of India Bulletin for the 12the month from the date of opening of thetender.

B1= Consumer price index for industrial workers for capital town of the state wherethe firm is located and Delhi for National Capital Region as per table No.36 of 

Reserve Bank of India Bulletin for the 3rd

month preceding the expiry of the delivery.

B2=Consumer price index for industrial workers for capital town of the state wherethe firm is located and Delhi for National Capital Region as per table No.36 of Reserve Bank of India Bulletin for the 12the month from the date of opening of thetender.

C1= Wholesale price index number II for fuel, power, light & lubricants as per tableNo.39 of Reserve Bank of India Bulletin for the 3rd month preceding the expiry of thedelivery.

C2= Wholesale price index number II for fuel, power, light & lubricants as per table

No.39 of Reserve Bank of India Bulletin for the 12th month from the date of openingof the tender.

D1= Wholesale price index number III for manufactured goods as per table No.39 of Reserve Bank of India Bulletin for the 3rd month preceding the expiry of the delivery.

D2= Wholesale price index number III for manufactured goods as per table No.39 of RBI Bulletin for the 12th month from the date of opening of the tender.

W= Factor for cost of raw material in a machine (0.20)

X= Factor for cost of labour in a machine (0.35)

Y= Factor for cost of consumables used in a machine (0.15)

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A-6Note:- 1. ESCALATION WILL BE CALCULATED FOR INDIVIDUALMACHINE TAKING ITS ORIGINAL DELIVERY FOR THE PURPOSE OF A1,B1, C1 and D1.

2. PVC claims will be restricted for that particular quantity of supply,required to be completed in that period as indicated in the delivery period,

irrespective of whether the supply has been made subsequently within the overalldelivery schedule.

9.9.1 The loading of escalation shall be calculated based on latest RBI indices available ason the date of tender opening for the period for which escalation has been demandedby the tenderer viz if escalation is demanded for 12 months, RBI indices would betaken for 12 months from the latest available month backward, to arrive at estimatedescalation for the period and the same will be reflected in the comparative statement.

9.10 CENVAT CREDIT:

9.10.1  The price quoted by the tenderers should take into account the credit availed on inputsunder the CENVAT Credit Rules, 2004. The tenderer should also state quantum setoffs in respect of duties on inputs (as admissible under law), that is being totally andunconditionally passed on to the purchaser, in the prices quoted per unit of the item.

9.10.2  In the event of additional CENVAT credit being extended by the Govt. of India, tocover items ordered against present tender, the same shall be passed on to thepurchaser. The bill for payment should accompany the following certificate:-

a) We hereby declare that no additional CENVAT benefit has accrued to usbeyond what has already taken into account while submitting our offer &incorporated in the rates shown in the contract.

b) We hereby declare that the additional CENVAT benefit of Rs……….permachine/Unit has accrued to us beyond what was taken into account whilesubmitting our offer & incorporated in the rates shown in the contract. Weare passing on the same to the purchaser & the bill has been preparedaccordingly.

9.11 Sales Tax/CST/VAT/Input Tax under VAT Scheme:

9.11.1 The concessional tax regime so far available to the Government Departments hasbeen withdrawn w.e.f. 01.04.2007. Government Departments will have to pay CST@ normal VAT rates prevalent in the seller’s state for purchase involving inter-statemovement of goods.

9.11.2 However, goods of special importance (called declared goods) as incorporated inSection 14 of the CST Act will continue to suffer/enjoy concessional rate of tax sinceState Governments Cannot impose tax at higher rates than envisaged in CST Act. Ironand Steel items as listed in Section 14 of CST Act, 1956, for instance will suffer CST@ 4% only.

9.11.3 The tenderer should quote the exact percentage of VAT that they will be chargingextra.

9.11.4 While quoting the rates, tenderer should pass on (by way of reduction in prices) theset off/input tax credit that would become available to them by switching over to thesystem of VAT from the existing system of sales tax, duty stating the quantum of such credit per unit of the item quoted for.

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A-79.11.5 The tenderer while quoting for tenders should give the following declaration;

“We agree to pass on such additional set off/input tax credit as may become availablein future in respect of all the inputs used in the manufacture of the final production onthe date of supply under the VAT scheme by way of reduction in price and advise thepurchaser accordingly”.

9.11.6 The suppliers while claiming the payment will furnish the following certificate to thepaying authority;

“We hereby declare that additional set off/input tax credit to the tune of Rs.-----------has accrued and accordingly the same is being passed on to the purchaser and to thateffect the payable amount may be adjusted”.

9.11.7 Even for contracts where CST is payable, this input tax credit may become admissibleto the suppliers where the supplier happens to be located in the state in which VAThas been implemented. Accordingly the certificate under para 9.11.6 above shouldalso be obtained in all such existing contracts where CST is payable.

9.11.8  For the states in which the VAT has not yet been introduced, the existing system of sales tax shall continue.

10.0  INSURANCE:

10.1  In case of FOB/CFR offer insurance shall be arranged by the Purchaser. However, inthe case of CIF offer, marine insurance covering transit risk upto ultimate destinationin India (ultimate consignee) will be arranged and paid for by the supplier.

10.2  In the case of indigenous offers, the purchaser will not pay separately for transitinsurance and the supplier will be responsible till the entire stores contracted for

arrive in good condition at destination. Where the tenderer intends to insure thegoods, the insurance charges should be clearly indicated, separately in the break up.The consignee will advise the tenderer within 45 (forty five) days of the arrival of goods at the destination, any loss/damage etc. of the goods and it shall be theresponsibility of the tenderer to lodge the necessary claim on the carrier and/orinsurer and pursue the same. The tenderer shall, however, at his own costreplace/rectify immediately, to the entire satisfaction of the consignee, the goods lost,damaged, without waiting for the settlement of the claim.

11.0  EVALUATION OF THE OFFERS:

11.1  To facilitate evaluation and comparison, the purchaser will convert all Bid Prices

expressed in the amounts in various currencies in the Bid Price as payable, to IndianRupees at the B.C. selling exchange rate established by the State Bank of India, NewDelhi, as on the date of the Bid Opening.

11.2  The tenders received will be evaluated by the Purchaser to ascertain the best andlowest acceptable tender in the interest of the purchaser, as specified in thespecification and tender documents.

11.3  The value of spare parts (Item no.2, Section-E- Schedule of Requirement) will not betaken into consideration in the Evaluation of Offers.

12.0  BASIS OF THE EVALUATION OF TENDER:

12.1 The tenders received would be evaluated on the basis of either:

a) FOR price quoted on the Lines indicated in para 9 of Instructions to Tenderers.

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A-8b)  Quoted FOB price plus ocean freight estimated by the Ministry of Shipping, Road

Transport & Highways (Deptt. of Shipping) of the Government of India Plusinsurance, applicable Custom Duty, inland freight, clearance and handlingcharges upto the station of dispatch.

ORc)  Quoted C&F/CIF prices plus applicable Customs Duty, inland freight, clearance

and handling charges upto the station of dispatch.OR

d) For partly imported and partly indigenous assembled/manufactured machines,FOR price quoted for indigenous components on the lines indicated in para 9plus FOB/C&F/CIF price for imported components as per (b) & (c) above.

Purchaser reserves the right to adopt any of the above basis.

Cargo handling charges prior to the shipment, wherever applicable shall be to thecontractors account.

12.2  The terms FOB and C&F shall be defined in accordance with ‘INCOTERM’2000.

13  SHIPPING ARRANGEMENTS: 

13.1 In the event of an order being placed on C&F & /or CIF basis, the contractorshall arrange shipment in accordance with the requirements of the Ministry of Shipping, Road Transport & Highways (Deptt. of Shipping)), New Delhi, India. Thepurchaser will, however, in accordance with option clause, have the right to changeover the contract to FOB basis if considered necessary after giving one month’snotice to the contracting firm. Shipping arrangements in the case of FOB contractsshall be made by the shipping Coordination and chartering Division /shippingcoordination officer Ministry of Shipping, Road Transport & Highways (Deptt. of 

Shipping) New Delhi, India, particulars of cargoes for which shipping space will berequired in the execution of contract should be furnished in detail to the Chief Controller of Chartering Shipping Coordination Officer, Ministry of shipping,Road Transport & Highways (Deptt. of Shipping), Govt. of India, New Delhi, India,as soon as possible after the relevant contract is finalized (Annexure 9 & 10 ).

13.2  Port Clearance: In the event of order being placed for Partly Imported and PartlyIndigenous machine, the clearance of imported / spares shall be done by thecontractor on behalf of the Purchaser and in case of fully imported machine theclearance will be done by the Purchaser.

14.0  PACKING: 

14.1  The items tendered will have to undergo arduous transportation before reaching thedestination and will have to be stored and handled in tropical climatic conditions(including monsoons) before they are put to the actual use. It is, therefore, imperativethat packing for every item is decided by taking into consideration, inter-alia, theabove vital factors so as to eliminate damage/deterioration of item intransit/transshipment/handling or during storage.

14.2  The specifications of the packing proposed shall be indicated.

14.3 The packing advices should bring out the weight, dimensions and size of eachbundle/package. Where it is not possible to give weight of the bundles/packages, thecontractor must indicate the volume of the bundles/packages, the number of piecesper bundle/packages, number of bundles/packages, and total weight of the itemssupplied.

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A-915.0  IMPORT LIECENCE (In case of Indigenous Tenderers): 

15.1 The successful tenderers will have to apply to the proper Government Authority forgrant of requisite import licence/foreign exchange for such items as require import,within 14 days of the advance letter of acceptance/telegraphic acceptance and thepurchaser will only render such assistance as considered necessary.

16.0  ACCEPTANCE OF TENDER: 

16.1 The purchaser may accept a tender for a part or whole of quantity offered, reject anytender without assigning any reason and may not accept the lowest or any tender.

16.2  Acceptance of tender will be communicated by FAX, E-mail or formal acceptance of tender direct to the tenderer or through his authorized agents in case whereacceptance is indicated by FAX, E-mail or the formal acceptance of tender will beforwarded to the contractor as soon as possible but FAX, E-mail should be deemed toconclude the contract.

17.0  EFFECT AND VALIDITY OF OFFER: 

17.1  The submission of any offer connected with these specifications and documents shallconstitute an agreement that the tenderer shall have no cause of action or claim,against the Purchaser for rejection of his offer. The Purchaser shall always be atliberty to reject or accept any offer or offers at his sole discretion and any such actionwill not be called into question and the tenderer shall have no claim in that regardagainst the purchaser.

17.2  The offer shall be kept valid for acceptance for a minimum period of (180) onehundred and eighty calendar days from the date set for opening of tenders.

17.3  Offers shall be deemed to be under consideration immediately after they are openedand until such time the official intimation of award is made by the purchaser to thetenderer. While the offers are under consideration, tenderers and or theirrepresentatives or other interested parties are advised to refrain from contacting thepurchaser by any means. If necessary, the purchaser will obtain clarifications on theoffers by re-questing for such information from any or all the tenderers, either inwriting or through personal contact, as may be considered necessary. Tenderers willnot be permitted to change the substance of their offers after the offers have beenopened.

17.4  In exceptional circumstances, the purchaser may solicit the Bidders consent to an

extension of the period of validity. The request and the responses thereto shall bemade in writings (or by FAX or E-mail). The Bid security provided under clause-6shall also be suitably extended. A Bidder may refuse the request without forfeitingBid security. A Bidder granting the request, will not be required nor permitted tomodify its Bid.

18.0  SPARE PARTS:

18..1 Where required the tenderer should quote, apart from main equipment, separately forthe mandatory spares as well as for recommended spares required for two years of operation. The rates for such of the items of those spares should be indicated both inFOB, C&F, and CIF basis in the case of imported offers and FOR destination in thecase of indigenous offers with complete break up as indicated in the offer form. Thepurchaser reserves the right to order any or all the spares as quoted for any quantity

id d bl b hi t th i t d b th t d d th t

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A-10and conditions quoted for the main equipment. The responsibility of the tendererunder the warranty clause will not be diluted in any way on this account. Thetenderer should indicate the consumable spares and critical spares in two separatelists.

19.0  TRAINING OF RAILWAY STAFF: 

19.1  Four personnel shall be given training for a period of two weeks in the manufacturingplant and field operation abroad where these machines are already in operation at thecost of the supplier who shall provide facilities for the training. Likely places of training should be indicated in the offer. However, the cost of boarding, lodging andair fare shall be borne by the purchaser.

19.2  Adequate training for one month of four personnel of the Indian Railway for eachmachine should be arranged in India on the bidder’s premises or at the site of commissioning of machines, in the operation, repair and maintenance of thesemachines at no extra cost. This training of the staff to be deployed on the machine, in

operation repair and maintenance shall be completed before the commissioning of themachine. However, the cost of boarding and lodging and travel of trainees will beborne by the purchaser.

20.0  SERVICE ENGINEERS: 

20.1 The tenderer shall provide at his own cost the services of an experienced serviceengineer for two weeks per machine in India for satisfactory commissioning andoperation of the machines.

20.2  Tenderers shall indicate the details of services which will be rendered for after saleservice of the machines.

21.0 OFFER BY FAX:

21.1 Offer received through FAX may be considered in case of procurement of itemsthrough proprietary article certificate & single tender only subject to the firmsubmitting post confirmation copy on their letter head duly signed by the authorizedperson as per the tender conditions within ten working days from the date of openingfrom indigenous firm and twenty one days from foreign firms.

22.2 However, for other type of tender i.e. for Bulletin, limited and Advertised /openTender etc., offers received through FAX and found in the tender box at the time of opening of Tenders and complete in all respects and duly singed by the authorized

signatory should be treated as in time offer subject to the firm/firms submitting postconfirmation copy duly signed by the authorized person as per the tender conditionswithin ten working days from the date of opening.

22.3  All other offers received by FAX not covered in Para (i) & (ii) above shall be treatedas invalid. The offers received by FAX as covered in Para (ii) above shall be deemedas unresponsive in case of confirmation copy is not received within the timestipulated in Para (ii) above.

22.4  No purchase order shall be issued against the FAX offers without receipt of theconfirmation copy of the same.

22.5  It shall be the sole responsibility of tenderers to ensure that the offers submitted byFAX are dropped in appropriate tender box in sealed cover/covers and within the

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A-11

prescribed time and date. The Railways shall not be responsible in any way for anydelay in dropping the FAX offers in the appropriate tender box. Suitable guidelinesmay be included in “Instructions to Tenderers” as part of Tender documents, coveringthe offers by FAX in tenders as detailed above respectively.

22.0 GENERAL: 

22.1 The tenderer must ensure that the conditions laid down for submission of offersdetailed in the preceding paras are completely correctly fulfilled. Tenders, which arenot complete in all respects as stipulated above, may be summarily rejected.

23.0 LAST DATE OF RECEIPT OF THE TENDERS: 

23.1 The offers complete in all respects should reach the Director, Track (MC), Ministryof Railways (Railway Board), Raisina Road, New Delhi-110 001, India, not later than14.30 hrs. on the date specified in the ‘Schedule of Requirements’.

23.2 The tenders received shall be opened in the presence of such of the tenderers or theirrepresentatives, who may like to be present at 15.00 hrs. on the date specified in the‘Schedule of Requirements’ and the names of tenderers and the rates tendered bythem will be read out.

Director, Track (MC)(Railway Board)

Fax: 91-11-23387098, 23384481 RoomNo.150.E-mail : [email protected]. Tele: 23388876

*****

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 SECTION – B

GENERAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS.

CLAUSE PAGE NO.

1. Definitions. B –12. Execution B –13. Responsibility of the Contractor for executing contract. B –14. Indemnity. B –25. Prices. B –26. Transfer & Sub –letting. B –37. Drawings. B –38. Alterations. B –39. Progress Report. B –3

10. Delivery FOB Invoices and Freight. B –311. Customs drawback B –412. Marking. B –413. Packing. B –414. Supply of Drawings, Tracings and specification. B –415. Corrupt gifts and payments of commission. B –416. Payment Terms. B –517. Deduction. B –618. Delivery Period. B –619. Liquidated Damages. B –720. Force Majeure. B –721. Performance Guarantee Bond. B –7

22. Inspection. B –823. Inspecting Officer-Powers of Rejection. B –924. Consequences of Rejection. B –925. Acceptance of Stores Dispatched After the Expiry of D.P. B –1026. Export Licence. B –1127. Arbitration. B –1128. Laws Governing the Contract. B –1229. Headings. B –1230. Secrecy. B –12

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 GENERAL CONDITIONS OF CONTRACT

01. DEFINITIONS:

1.1  Throughout these conditions and in the specifications, the terms:-

i)  “The Purchaser” means the President of India, acting through the Director,Track (MC), Ministry of Railways, (Railway Board), Rail Bhavan, RaisinaRoad, New Delhi-110 001, INDIA unless the context otherwise provides.

ii)  “The Inspecting Officer” means the person, firm or department nominatedby the purchaser to inspect the stores on his behalf and the deputies of theInspecting Officer so nominated.

iii)  “The Contractor” means the person, firm or company with whom the orderfor the supply is placed and shall be deemed to include the Contractor’s

successors (approved by the Purchaser), representatives, heirs, executors,and administrators, as the case may be, unless excluded by the terms of thecontract.

iv)  “Contract” means and includes the bid invitation, instructions to tenderers,Tenderers Acceptance of Tender, General and Special Conditions of Contract, Schedule of Requirements, particular and the other conditionsspecified in the Acceptance of Tender and includes a repeat order whichhas been accepted or acted upon by the contractor and a formal agreement,if executed.

2.0 EXECUTION: 

2.1  The whole contract is to be executed in the most approved, substantial andworkman like manner to the entire satisfaction of the purchaser or his nominee,who both personally and by his deputies, shall have full power, at every stage of progress, to inspect the stores at such times as he may deem fit and to reject any of the stores, which he may disapprove, and his decision thereon, and on any questionof the true intent and meaning of the specifications shall be settled in terms of clause 28, subject to the right of both parties to seek arbitration as provided for inclause 28.

3.0 RESPONSIBILITY OF THE CONTRACTOR FOR EXECUTING CONTRACT:

3.1 Risk in the Stores: The contractor shall perform the contract in all respects inaccordance with the terms and conditions thereof. The stores and every constituentpart thereof, whether in the possession or control of the contractor, his agents orservants or carrier, or in the joint possession of the contractor, his agents orservants and the purchaser, his agents or servants, shall remain in every respect atthe risk of the contractor until their actual delivery to the consignee at the stipulatedplace or provided in the acceptance of tender, until their delivery to a personspecified in the “Schedule of Requirements”, as interim consignee for the purposeof dispatch to the consignee. The contractor shall be responsible for all loss,destruction, damage or deterioration of or to the stores from any cause whatsoeverwhile the stores after approval by the Inspector are a waiting dispatch or delivery orare in the course of transit from the contractor to the consignee, or the interimconsignee as the case may be. The contractor alone shall be entitled and responsibleto make claim against Railway Administration or any other carrier in respect of 

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B-1non-delivery, missed delivery, loss, destruction, damage or deterioration of thegoods entrusted to such carrier by the contractor for transmission to the consigneeor the interim consignee as the case may be.

3.2 CONSIGNEE’S RIGHT OF REJECTION:

i)  Notwithstanding any approval which the Inspector may have given inrespect of the stores or any materials of other particulars or the work orworkmanship involved in the performance of the contract (whether with orwithout any test carried out by the contractor or the Inspector or under thedirection of the Inspector) and notwithstanding delivery of the stores,where so provided to the interim consignee, it shall be lawful for theconsignee, on behalf of the purchaser, to reject the stores or any part,portion of consignment thereof is not in all respect in conformity, with theterms and conditions of the contract whether on account of any loss,deterioration or damage before dispatch or delivery or during transit orotherwise how-so-ever.

ii)  Provided that where, under the terms of the contract the stores are requiredto be delivered to an interim consignee for the purpose of dispatch to theconsignee, the stores shall be at the purchaser’s risk after their delivery tothe interim consignee but nevertheless it shall be lawful for the consigneeon behalf of the purchaser to reject the stores or any part/portion of consignment thereof upon their actual delivery to him at the destination, if they are not in all respect in conformity with the terms and conditions of contract, except whether they have been damaged or have deteriorated inthe course or transit or otherwise after their delivery to the interimconsignee.

iii)  The provisions contained in the clause-25 of GCC relating to the removalof stores rejected by the Inspector shall, mutates mutandis, apply to storesrejected by the consignee as herein provided.

4.0 INDEMNITY:

4.1 The contractor shall at all times indemnify the purchaser against all claims whichmay be made in respect of the said work for infringement of any right protected bypatent registration design or trade mark; provided always that in the event of anyclaim in respect of an alleged breach of a patent registered design or trade mark,being made against the purchaser he shall notify the contractor of the same and thecontractor shall be at liberty, but at his own expense, to conduct negotiations for

settlement or any litigation that may arise there from.

5.0 PRICES: 

5.1  The prices stated are to include all costs of stamping, painting, marking, protectionor preservation of the stores and any claim what-so-ever that may arise from themanufacture, packing, shipment, marking, or delivery of stores in accordance withthose consideration and include payment by the contractor of Dock and Harbourdues, port’s rates, export taxes and other fees or charges, if any, levied because of exportation. The prices stated are also to include all rights (if any) of patent,registered design or trade mark and the contractor shall indemnify the purchaseragainst all claims in respect of the same.

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B-26.0 TRANSFER AND SUBLETTING: 

6.1  The Contractor shall not sublet (otherwise than that which may be customary in thetrade concerned), transfer, assign or otherwise part with directly or indirectly to anyperson or persons, whatsoever is in this contract, or any part thereof without theprevious written permission of the purchaser or his nominee.

7.0 DRAWINGS: 

7.1  If any dimensions figuring upon a drawing differ from those obtained by scalingthe drawings, the figured dimensions shall be taken as correct.

8.0 ALTERATIONS:

8.1  The Purchaser or his nominee may require such alteraion to be made on the work,during its progress as he deems necessary. Should these alterations be such thateither party to the contract considers an alteration in price justified, such alteration

shall not be carried out until amended prices have been submitted by the contractorand accepted by the purchaser. Should the contractor proceed to manufacture suchstores without obtaining the consent in writing of the purchaser to an amendedprice, he shall be deemed to have agreed to supply the stores at such price as maybe considered reasonable by the purchaser.

9.0  PROGRESS REPORT:

9.1 The contractor shall render such reports as to the progress of the contract and insuch form as may be called for by the purchaser or his nominee, the submissionand acceptance of these reports shall not prejudice the rights of the purchaser in anymanner.

10.0 DELIVERY FOB INVOICES AND FREIGHT:

10.1  The stores shall be delivered by the contractor free on board such vessels in suchport or ports named in the quotation, as purchaser or his nominee may require.

10.2  Such number of inspection certificates, advice notices, packing accounts andinvoices, as may be required by the purchaser or his nominee, shall be furnished bythe contractor at his, own cost.

10.3  Freight for the conveyance of the stores or any part thereof will be engaged by thepurchaser or his nominee, who will give due notice to the contractor when and on

board what vessels, stores or such part thereof are to be delivered. Should thestores or any part thereof be not delivered within 7 days of the receipt of suchnotice by the contractor, the contractor will be liable for all payments and expensesthat the purchaser may incur or be put to, by reason of such non-delivery includingdead and extra freight demurrage of vessels and any other charges incurred by thepurchaser whatsoever.

10.4  Delivery CIF: The stores shall be delivered free of expense to the Purchaser onboard the vessels with ocean transportation to named Indian Port, including anycharges for marine insurance covering transit risk up to the ultimate destinationinstallation site, being paid by the supplier. The unloading charges will be paid bythe port consignee in Indian Rupees and the tenderers are not to include thesecharges in their price.

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 11.0 CUSTOMS DRAWBACK (Indigenous supplier/goods): 

11.1  If, by reason of a customs notification published after the placing of the contract,the stores to be supplied shall become, on exportation, subject to customs drawback in respect of duty paid on them or on the materials used in their manufacture, thecontractor shall recover the amount of the drawback and the contract price of the

stores shall be reduced by the amount so recovered. Similarly, if some benefitsunder this clause are withdrawn by subsequent notification by the Government, thesupplier could claim, reimbursement accordingly. For this purpose, the tender shallindicate in their offer, the extent benefit availed under this clause while quoting therate.

11.2  This provision applies only to Domestic supplies.

12.0 MARKING:

12.1  The marking of all goods supplied shall comply with the requirements of the Indian

Act relating to merchandise marks or any amendment thereof and of the rulesmade there under. The following marking of the materials is required.

a) The following particulars should be stenciled with indelible paint on all thematerials/packages supplied loose:i)  Contract numberii)  Specification No.iii)  Item No.iv)  Port Consigneev)  Abbreviated consignee marks

b) The marking as in (a) above should be on labels securely clamped to the

packages or bundles so as not to break loose during transit. The use of steel tags for this purpose should be avoided.

c) In addition to the marking as specified above, distinguishing, colour marksshould be given so as to distinguish the ultimate consignee in India.

13.0 PACKING:

13.1  The contractor will be held responsible for the stores being sufficiently andproperly packed so as to ensure their being free from any loss or injury on arrival attheir destination.

13.2  Where materials are to be supplied in bundles, the gross weight should not exceed1.9 metric tone per bundle for shipments to Indian Ports.

14.0 SUPPLY OF DRAWINGS, TRACINGS AND SPECIFICATIONS:

14.1  Any Drawings, tracings or description specified shall, unless otherwise directed, befurnished by the contractor with the first consignment of the work to which theyrelate and no payment whatsoever will be made until such drawings, tracings of descriptions have been furnished to the satisfaction of the purchaser.

15.0 CORRUPT GIFTS AND PAYMENTS OF COMMISSION:

15.1  Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the contractor, his a gents or servants, or any one on his / their behalf to any

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B-516.3 For partly imported and partly indigenous supplies.

The Standard payment terms shall be as for indigenous supplies as per clause 16.2 of GCC above. However, the following interim payment can be considered if desired bythe tenderer.

i)  100% payment for imported components/assemblies on proof of inspection anddispatch of documents as specified to be made through letter of credit to beopened as in clause 16.1 above, within 30 days of receipt of specified documentsagainst Bank Guarantee for full amount valid till satisfactory commissioning of the machine at its ultimate destination. No CST on this value would be payablein such cases.

ii)  In case components/assemblies for the machine(s) are imported by themanufacturer and the machine(s) is supplied FOR, the payment shall be as perclause 16.2 of GCC above and CST as legally leviable on the value of themachine shall be to Purchaser’s account.

iii) The above 100% payment under (i) for imported portion will be available to atenderer only if the indigenous value addition is more than 20% of the cost of machine.To decide the inter-se position of the offers, interest on this 100% payment under(i) shall be worked out at the interest rate equal to prime lending rate as notifiedby State Bank of India on the date of opening of tender plus 2%.”

16.4 In all cases, for indigenous supplier as well as foreign supplier, payment will be madeonly on fully assembled machines.

16.5 Any part payment if required in Indian rupees towards local expenses etc. in India,

the same shall be payable at the rate of exchange (BC Selling) ruling on the date of opening of tender and shall not be subject to any further exchange variation on anyaccount.

16.6 If a tenderer requests for a variation in the payment terms and if such variation isacceptable to the purchaser, the same would be evaluated at an interest rate equal tothe prime landing rate as notified by State Bank of India on the date of opening of tender plus 2% for all earlier payments for the purpose of comparison with the othertenderers.

16.7 In case the supplier fails to supply the machines as per the contractual deliveryschedule 100% payment under clause 16.3(i) above would be levied an interest at the

rate of 2% more than the Prime Lending Rate of State Bank of India for the delayedperiod beyond scheduled delivery period.

17.0 DEDUCTION:

17.1  Payments as in clause 16.1and16.2 of GCC above shall be subject to deductions of any amount for which the contractor is liable under the contract against this tender orany other contract made by the contractor in respect of which the President of India isthe purchaser.

18.0 DELIVERY PERIOD:

18.1  The earliest possible delivery is required in India. The Purchaser attaches the utmostimportance to timely deliveries and requests the manufacturers to take note of theli id t d d d i k h diti li bl i f d l i

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B-619.0 LIQUIDATED DAMAGES: 

19.1  In the event of the contractor’s failure to have stores ready for delivery by the time ortimes respectively specified in the letter of acceptance or contract, the purchaser maywithhold any payment until the whole of the stores have been fully supplied anddelivered and may deduct or recover from the contractor as liquidated damages ( and

not by way of penalty) a sum at the rate of 2 percent (two percent) of the value of anystores which the contractor has failed to deliver as aforesaid for each and every month(part of a month being treated as a full month) during which the stores may not beready for delivery, subject to limit of 10% the contract value. Provided, however, thatif the delay shall have arisen from any cause which the purchaser may admit asreasonable ground for further time, the purchaser may at his discretion allow suchadditional time as he may consider to have been required by the circumstances of thecase, and shall forgo the whole or such part, as he may consider reasonable of hisclaim for such loss or damage as aforesaid.

19.2 In case of failure on the part of supplier to arrange supplies as per the deliveryschedule/installments fixed in advance, save force majeure conditions or delays

attributable to purchaser, the Purchaser reserves the right to levy Liquidated Damageswhich shall be levied for delayed quantity which have remained unsupplied for theperiod.

20.0 FORCE MAJEURE:

20.1 In the event of any unforeseen event directly interfering with the supply of storesarising during the currency of the contract, such as insurrection, restraint imposed bythe Govt. act of legislative or other authority; war, hostilities, civil commotion, firesfloods, explosion epidemics, quarantine restrictions, or acts of God, the contractorshall, within a week from the commencement thereof, notify the same in writing tothe purchaser with reasonable evidence thereof. If the force majeure condition(s)

mentioned above be in force for a period of 90 days or more at any times, thepurchaser shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days notice to the contractor inwriting. In case of such termination, no damages shall be claimed by either partyagainst the other, save and except those which had occurred under any other clauseof this contract prior to such termination.

21.0 PERFORMANCE GUARANTEE BOND:

21.1 After a letter of acceptance is issued by the purchaser, the Contractor shall furnish aPerformance Guarantee Bond in the proforma attached (Annexure-8) or onirrevocable Letter of Credit from a Nationalized Bank/Public Sector/Scheduled

Commercial Bank or Foreign Bank acceptable to Purchaser through a NationalizedBank within 30 days from the receipt of the Letter of Acceptance of the Tender by theContractor or the execution of the contract, whichever is earlier, for an amountequivalent to 10% of the total value of the contract. On the performance andcompletion of the contract in all respects the Performance Guarantee Bond will bereturned to the Contractor without any interest. In case furnishing of an acceptablePerformance Guarantee Bond is delayed by the Contractor beyond the periodprovided above and the Bond is accepted by the purchaser Liquidated damages, asprovided in Clause – 19 for the period of delay in submission of the bond may belevied. Alternatively, the purchaser may declare the contract as at an end and enforceclause 20.

21.2  Bank Guarantees (BGs) to be submitted by the supplier/contractors should be sentdirectly to the concerned authorities by the issuing Bank under Registered Post AD.

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B-721.3  The Performance Guarantee Bond shall remain in full force and effect during the

period that would be taken for satisfactory performance and fulfillment in all respectsof the contract including satisfactory commissioning of the machines at consignee’swork and shall be valid till for a minimum period of three months beyond the expiryof the warranty period as per of the Special Conditions of Contract provided thatbefore the expiry of the date of validity of the Performance Guarantee Bond, the

contractor on being called upon by the Purchaser from time to time shall obtain fromthe Guarantor Bank, extension of time for validity thereof for a period of six months,on each occasion. The extension or extensions aforesaid, executed on non-judicialstamp paper of appropriate value must reach the purchaser at least thirty days beforethe date of expiry of the Performance Guarantee Bond on each occasion.

21.4 As and when an amendment is issued to the contract, the contractor shall, withinfifteen days of the receipt of such an amendment furnish to the Purchaser anamendment to the Performance Guarantee Bond rendering the same valid for thecontract as amended.

21.5 This Performance Guarantee Bond and/or any amendment thereto shall be executedon a stamped paper of requisite money value in accordance with the laws of the

country in which the same is/are executed by the party competent to do so. ThePerformance Guarantee Bonds executed in India shall also be got endorsed by theCollector under Section 32 of the Indian Stamp Act, 1989 for adequency of the StampDuty by the contractor.

21.6 The Performance Guarantee Bond will be returned to successful supplier within 60days following completion of contractors performance obligations including warrantyobligation under the contract.

22.0 INSPECTION:

22.1  Inspection will be carried out by the purchaser or his nominee. The cost of theinspection will be on purchaser’s account subject to other provisions herein,

contained. At least four weeks notice must be given to the inspecting authority toenable him to arrange the necessary inspection.

22.2  Facilities for Test and Examination: i)  The contractor shall provide, without extra charge, all material, equipment

tools, labour and assistance of every kind which the purchaser or his nomineemay consider necessary for any tests and examinations, which he or hisnominee shall require to be made on the contractor’s premises and shall payall costs attendant thereon.

ii)  The contractor shall also provide and deliver free of charge, at such places asthe purchaser or his nominee may nominate, such materials as he or hisnominee may require for test by chemical analysis or independent testing

machines. The cost of any such tests will be defrayed by the purchaser unlessit is stated in the specification that it is to be paid by the contractor.

iii)  For all intents and purposes, satisfactory commissioning of the machine(s)will be determined by the certificate of inspection and commissioning givenby the Purchaser or his nominee and that the machine commissioned by himis in full conformity with the conditions of the contract.

22.3  Notification of Result of Inspection: Unless otherwise provided in the specification or“Schedule of Requirements”, the examination of stores will be made as soon aspracticable after the same have been submitted for inspection, and the result of theexamination will be notified to the contractor.

22.4  Inspection Notes: On the stores being found acceptable by the Inspecting Officer, heshall furnish the contractor with necessary copies of the Inspection Notes duly

l t d f b i tt h d t th C t t ’ bill i t th f

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B-822.5  Certificate of Inspection and Approval for delivery:

i)  No stores will be considered ready for delivery until the Purchaser or theInspecting Officer nominated by him shall have certified in writing that theyhave been inspected and approved by him.

ii)  It shall be the responsibility of the contractor to ensure that only such goods

as have been duly inspected and approved by the Inspecting Authority areoffered for arranging shipment to the Government of India ForwardingAgents and to furnish to them a certificate as under:-“Certified that the goods offered for arranging shipment have been dulyinspected and approved by the prescribed authority in accordance with theterms of the contract and a copy of the Inspection Certificate issued in thisregard is enclosed”.

23.0 INSPECTING OFFICER-POWERS OF REJECTION: 

23.1 The Inspecting Officer shall have the power:-

i)  Before any stores or part thereof are submitted for inspection, to certify thatthey cannot be inspected in accordance with the contract owing to theadoption of any unsatisfactory method of manufacture.

ii)  To reject any Stores submitted as not being in accordance with thespecifications. 

iii)  To reject the whole of the installment tendered for inspection, if afterinspection of such portion thereof, as he may in his discretion think fit, he issatisfied that the same is unsatisfactory.

iv)  To mark the rejected stores with a rejection mark so that they may be easilyidentified if resubmitted.

23.2  The Inspecting Officer’s decision as regards the rejection shall be final and binding

on the contractor. However, any disputes arising out of it shall be settled in terms of clause-28.

24.0 CONSEQUENCES OF REJECTION:

24.1 If on the stores being rejected by the Inspecting Officer or consignee at thedestination, the contractor fails to make satisfactory supplies within the stipulatedperiod of delivery, the purchaser shall be at liberty to:i)  Request the contractor to replace the rejected stores forthwith but in any

event not later than a period of 21 days from the date of rejection and thecontractor shall bear all the cost of such replacement, including freight, if any, on such replacing and replaced stores but without being entitled to any

extra payment on that or on any other account.ii)  Purchase or authorize the purchase of quantity of the stores rejected or others

of a similar description (when stores exactly complying with the particularsare not, in the opinion of the Purchaser, which shall be final; readilyavailable) without notice to the contractor, at his risk and cost and withoutaffecting the contractor’s liability as regards to the supply of any furtherinstallment due under the contract, or

iii)  Cancel the contract and purchase or authorize the purchase of the stores orothers of a similar description (when stores exactly complying with theparticulars are not, in the opinion of the Purchaser, which shall be final,readily available) at the risk and cost of the contractor. In the event of actionbeing taken under sub-clause (ii) above or this sub-clause, the provisions of clause 19 and 20 of the General Conditions of Contract, shall apply as far asapplicable. However, any dispute arising out of it shall be settled in terms of l 28

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24.2 Where under a contract, the price payable is fixed on F.O.B.port of export or F.O.R.dispatching station, the contractor shall, if the stores are rejected at the destination bythe consignee, be liable in addition to his other liabilities including refund of pricerecoverable in respect of the stores so rejected, to reimburse to the purchaser, thefreight and all other expenses incurred by the purchaser in this respect.

24.3 Rejected Store: On rejection of any stores submitted for inspection at a place other

than the premises of the contractor, such stores shall be removed by the contractor athis own cost, subject as hereinafter stipulated, within 14 days of the date of intimationof such rejection. If the concerned communication is addressed and posted to thecontractor at the address mentioned in the schedule, it will be deemed to have beenserved on him at the time when such communication would in course of ordinary postreach the contractor. Provided that the Inspector may call upon the contractor toremove dangerous, infected or perishable stores within 48 hours of the receipt of suchcommunication and the decision of the Inspector in this behalf shall be final in allrespects. Provided further that where the price or part thereof has been paid, theconsignee is entitled without prejudice to his other rights to retain the rejected storestill the price paid for such stores is refunded by the contractor and that such retention

shall not in any circumstances be deemed to be the acceptance of the stores or waiverof rejection thereof.

24.4  All rejected stores shall in any event and circumstances remain and always be at therisk of the contractor, immediately on such rejection. If such stores are not removedby the contractor within the periods aforementioned, the Inspector may remove therejected stores and either return the same to the contractor at his risk and cost by suchmode of transport at the purchaser or the Inspector may decide, or dispose off suchstores at the contractor’s risk and on his account and retain such portion of theproceeds, if any, from such disposal, as may be necessary to recover any expenseincurred in connection with such disposals (or any price refundable as a consequenceof such rejection). The purchaser shall in addition, be entitled to recover from the

contractor, the handling and storage charges for the period during which the rejectedstores are not removed/disposed off in accordance with the provisions thereof.

25.0 ACCEPTANCE OF STORES DESPATCHED AFTER THE EXPIRY OFDELIVERY PERIOD:

25.1 In cases where only a portion of the stores ordered is tendered for inspection at thefag end of the delivery period and also in cases where inspection is not completed inrespect of the portion of the stores tendered for inspection during the delivery periodbecause of the reason that adequate notice for inspection in accordance with clause-22 of General Conditions of Contract was not given by the contractor, the purchaserreserves the right to cancel the order for the balance quantity, at the risk and expense

of the contractor without any further reference to him. If the stores tendered forinspection during or at the fag end of the delivery period are not found acceptableafter carrying out the inspection, the purchaser is entitled to cancel the contract inrespect of the same at the risk and expense of the contractor. If, however, the storestendered for inspection are found acceptable, the purchaser may grant an extension of the delivery period subject to the following conditions:-

a) The Purchaser has the right to recover from the contractor the liquidateddamages on the stores, which the contractor has failed to deliver within theperiod fixed for delivery.

b) That no increase in price, on account of any statutory increase in or freshimposition of Customs Duty, Excise Duty, Sales Tax, CST/VAT, FreightCharges or on any account of any other tax or duty leviable in respect of the

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stores specified in the contract, which takes place after the date of deliveryperiod stipulated in the said Acceptance of Tender, shall be admissible onsuch of the said stores as the delivered after said date.

c) That notwithstanding any stipulation in the contract for increase in price onany other ground, no such increase which takes place after the delivery datestipulated in the contract shall be admissible on such of the stores as are

delivered after the said date.

d) But nevertheless the purchaser shall be entitled to the benefit of any decreasein price on account of reduction in or remission of Customs Duty, ExciseDuty, Sales Tax, CST/VAT or on account of any other ground which takesplace after the expiry of the abovementioned date namely the delivery datestipulated in the contract. The contractor shall allow the said benefit in hisbills or in the absence thereof shall certify that no decrease in price onaccount of any of these factors has taken place.

25.2  The contractor shall not dispatch the stores till such time an extension in terms of 

clause 25.1 (a) to (d) of GCC above is granted by the purchaser and accepted by thecontractor. If the stores are dispatched by the contractor before an extension letter asaforesaid is issued by the purchaser and the same are accepted by the consignee, theacceptance of the stores shall be deemed to be subject to the conditions (a) to (d)mentioned in clause 25.1of GCC above.

25.3  In case where the entire quantity has not been tendered for inspection within thedelivery period stipulated in the contract and the purchaser choose to grant anextension of the delivery period, the same would be subject to conditions (a) to (d)mentioned in clause 25.1 of GCC above.

26.0 EXPORT LICENCE:

26.1 If required, the contractor shall apply to the appropriate Government Authority of theexporting country for the grant of the requisite Export Licence within seven days of the receipt of the contract.

27.0 ARBITRATION:

27.1 (a) For domestic tender: In the event of any question, dispute or difference arisingunder these condition or any special conditions of contract, or Instructions toTenderers, or in connection with this contract the same shall be referred to the solearbitration of a Gazetted Railway Officer appointed to be the Arbitrator, by anymember of the Railway Board, Ministry of Railway (Railway Board), New Delhi,

India, the Gazetted Railway Officer to be appointed as Arbitrator, however, will not beone of those who had an opportunity to deal with the matters to which the contractrelates or who in the course of their duties as Railway servants had expressed views onall or any of the matters under dispute or difference. The award of the Arbitrator shallbe final and binding on the parties to this contract.

b) For Foreign Tenderers : In the event of any dispute or difference arising betweenthe parties hereto relating to any matter arising out or connected with this agreement,such dispute or difference shall be referred to the award of two Arbitrators, onArbitrator to be nominated by the purchaser and the other to be nominated by thecontractor or in the case of the said Arbitrators not agreeing then to the award of anUmpire to be appointed by the Arbitrators in writing before proceeding with thereference, and in case the Arbitrators cannot agree to the Umpire, who may benominated by the Chief Justice of India. The award of the Arbitrators, and in the event

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of their not agreeing, of the Umpire appointed by them or by the Chief Justice of India,shall be final and binding on the parties. Subject as aforesaid, the Indian Arbitrationand Reconciliation Act, 1996, the rules there under and any statutory modification orre-enactments thereof, shall apply to the arbitration in all cases shall be in India.

27.2 In the event of the arbitrator dying, neglecting to, refusing to act, or resigning orbeing unable to act for any reason or his award being set aside by the court for any

reason, it shall be lawful for the authority appointing the arbitrator to appoint anotherarbitrator in place of the outgoing arbitrator in the manner aforesaid.

27.3  It is further a term of this contract that no person other than the person appointed bythe authority as provided in clause 28.1(a) of GCC as aforesaid should act asarbitrator and that if for any reason that is not possible, the matter is not to be referredto arbitration at all.

27.4  The arbitrator may from time to time, with the consent of all the parties to thecontract, enlarge, the time for making the award.

27.5  Upon every and any such reference, the assessment of the cost incidental to thereference and award respectively shall be at the discretion of the arbitrator.

27.6  Subject as aforesaid, the Arbitration Act-1998 and the rules there under and anystatutory modification thereof, for the time being in force, shall be deemed to apply tothe arbitration proceeding under this clause.

27.7  Work under the contract, if reasonably possible, may continue during the arbitrationproceedings and no payment due to or payable by the purchaser shall be with held onaccount of such proceedings.

27.8  The venue of arbitration shall be the place from which the acceptance note is issued,

or such other place as the arbitrator at his discretion may determine.

27.9  In this clause the authority to appoint the arbitrator includes, if there be no suchauthority, the officer who is for the time being discharging the functions of thatauthority, whether in addition to other functions or otherwise.

28.0 LAWS GOVERNING THE CONTRACT:

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

28.2 Irrespective of the place of delivery, the performance or place of payment under thecontract, the contract shall deemed to have been made at the place in India from

where the contract has been issued.

28.3  Jurisdiction of Courts: The courts of the place from where the contract has beenissued shall alone have jurisdiction to decide any dispute arising out of or in respectof the contract.

29.0 HEADINGS:

29.1 The headings of conditions here to shall not affect the construction thereof.

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30.0 SECRECY: 

30.1 The contractor shall take all reasonable steps necessary to ensure that all personsemployed in any work in connection with the contract, have full knowledge of theOfficial Secrets Act and any regulations framed there under.

30.2  Any information obtained in the course of the execution of the contract by the

contractor, his servants or agents or any person so employed, as to any matterwhatsoever, which would or might be directly or indirectly, of use to any enemy of India, must be treated as secret and shall not at any time be communicated to anyperson.

30.3  Any breach of the aforesaid conditions shall entitle the purchaser to cancel thecontract and to purchase or authorize the purchase of the stores at the risk and cost of the contractor in accordance with the clause-20 of the General Conditions of Contract. In the event of such cancellation, the stores or parts manufactured in theexecution of the contract shall be taken by the purchaser at such price as he considersfair and reasonable and the decision of the purchaser to such price shall be final and

binding on the contractor.

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SECTION –C

SPECIAL CONDITIONS OF CONTRACT

TABLE OF CONTENTS

CLAUSE. PAGE NO.

1. Definitions. C –1

2. Performance of works. C –1

3. Specifications. C –1

4. Mistakes in drawings. C –1

5. Variations. C –1

6. Obligation to carry out inspector’s instructions. C –2

7. Responsibility of completeness. C –2

8. Shipment of stores beyond the stipulated delivery period for FOB contract. C –3

9. Warranty. C- 3

10. Delivery Schedule. C –4

11. Commissioning of machines C –4

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 SPECIAL CONDITIONS OF CONTRACT

The following special conditions shall apply to contracts for the supply of plant andmachinery and manufactured equipment. But where they differ from the General Conditions,the Special Conditions shall over-ride the General Conditions.

1.0 DEFINITIONS:

1.1 a) The term “Work” means all the work specified or set forth and required inand by the said specifications, drawings and “Schedule of Requirements”,hereto annexed or to be implied there from or incidental thereto or to behereafter specified or required in such explanatory instructions and drawings(being in conformity with the said original specification(s), drawing(s), and“Schedule of Requirements” and also in such additional instructions anddrawings not being in conformity as aforesaid, shall from time to time, duringthe progress of the work hereby contracted for as are supplied by thepurchaser).

b) The term “Test” shall mean such test or tests are prescribed by thespecification(s) to be made by the Purchaser, or his nominee, duringinspection and at the time of commissioning after erection at site, before themachine is taken over by the Purchaser.

2.0 PERFORMANCE OF WORK:

2.1 The work shall be performed at the place or places specified in the tender or at suchother place or places as may be approved by the Purchaser.

3.0 SPECIFICATIONS:

3.1 If the contractor shall have any doubt as to the meaning of any portion of theconditions of the specifications, drawings or plans, he shall (before submitting thetender) set forth the particulars thereof and submit them to the Purchaser in writing, inorder that any such doubt may be removed.

4.0 MISTAKES IN DRAWINGS:

4.1 The contractor shall be responsible for and shall pay for any alterations of the worksdue to any discrepancies, errors or omissions in the drawings or other particulars,whether they have been approved by the Purchaser or not, provided that suchdiscrepancies, errors or omissions are not due to inaccurate information or particulars

furnished to the contractor on behalf of the Purchaser. If any dimensions figuredupon a drawing or plan differ from those obtained by the scaling the drawing or planthe dimensions as figured upon the drawing or plan shall be taken as correct.

5.0 VARIATIONS:

5.1  No Alterations, amendments, omissions, additions, suspensions, or variations of thework (hereinafter referred to as “Variations”) under the contract as shown by thedrawing or the specifications shall be made by the Contractor except as directed inwriting by the Inspector, but the Inspector shall have full power, subject to theproviso hereinafter contained from time to time, during the execution of the contract,by notice in writing to instruct the contractor to make such variation withoutprejudice to the contract, and the contractor shall carryout such variations and bebound by the same conditions, so far as applicable, as though the said variation

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contractor, if carried out, prevent him from fulfilling any of his obligations orguarantees under the contract, he shall notify the Inspector thereof in writing and theInspector shall decide forthwith, whether or not they shall be carried out. If theInspector confirms his instructions, the Contractor’s obligations and guarantees shallbe modified to such an extent as may, in the opinion of the Inspector, be justified.The difference of cost, if any, occasioned by the such variations shall be added to ordeducted from the contract price as the case may require. The amount of such

difference, if any, shall be ascertained as determined in accordance with the ratesspecified in the schedule of prices, so far as the same may be applicable and wherethe rates are not contained in the said schedules or not applicable, they shall be settledby the Purchaser and Contractor jointly. But the Purchaser shall not become liablefor the payment of any such variations, unless the instructions for the variation havebeen given in writing by the Inspector.

5.2  In the event of the Inspector requiring any variations, such reasonable and propernotice shall be given to the Contractor, as will enable him to make his arrangementsaccordingly, and in cases where goods or materials are already prepared, or anydesigns, drawings, or patterns made or work done is required to be altered, a

reasonable sum in respect thereof shall be allowed by the Purchaser, provided that nosuch variations shall, except with the consent in writing of the Contractor, be such aswill involve an increase or decrease in the total price payable, under the contract bymore than 10 percent thereof.

5.3  In any case, in which the Contractor has received instructions from the Inspector forcarrying out the work which either then or later, will in the opinion of the contractor,involve a claim for additional payment, the Contractor shall, as soon as reasonablepossible, after receipt of the instruction aforesaid, advise the Inspector to that effect.

6.0 OBLIGATION TO CARRY OUT INSPECTOR’S INSTRUCTIONS:

6.1 The Contractor shall also satisfy the Inspector that adequate provision has beenmade:-

i)  to carry out his instructions fully and with promptitude.ii)  to ensure that parts required to be inspected before use are not used

before inspections; andiii)  to prevent rejected parts being used in error. Where, parts rejected by

the Inspector have been rectified or altered, such parts shall besegregated for separate inspection and approval before being used inthe work.

7.0 RESPONSIBILITY FOR COMPLETENESS:

7.1 Any fittings or accessories which may not be specifically mentioned in thespecifications but which are usual or necessary, are to be provided by the Contractorwithout extra charges, and the equipment must be complete in all details.

7.2 In all cases where the contract provides for tests on site, the Purchaser, except whereotherwise specified, shall provide, free of charge, such labour, materials, fuels, stores,apparatus and instruments as may be requisite from time to time and as mayreasonable be demanded; efficiently to carry out such tests of the plants, materials orworkmanship etc. in accordance with the contract.

7.3  In the case of contracts requiring electricity for the completion of the works and fortest on site, such electricity, when available, shall be supplied free to the Contractor atthe voltage of the ordinary supply. Unless otherwise specified, the Purchaser willsupply free of charge to the Contractor:-

a)  Unskilled labour:

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b)  Consumable stores including fuel and lubricating oils required duringcommissioning and testing of the machine at site/premises of thepurchaser.

c)  the Contractor shall provide:-i)  Skilled labour andii)  Tools and any other equipment which may be necessary.

8.0 SHIPMENT OF STORES BEYOND THE STIPULATED DELIVERY PERIODFOR FOB CONTRACT:

8.1 In the event of the contractor failing to ship and stores duly inspected and passedwithin the stipulated delivery, the Purchaser is entitled to cancel the contract inrespect of the same at the risk and cost of the contractor or invoke the clausesproviding other remedies such as liquidated damages as provided in the contract.However, if he so chooses, the Purchaser may grant an extension of the deliveryperiod subject to:

a) The Purchaser recovering from the contractor liquidated damages asstipulated in the conditions of contract for the stores, which thecontractor has failed to ship within the period fixed for delivery afterthe inspection and a passing of the stores.

b)  The Purchaser retaining the right to recover any extra expenditurewhich might have been incurred by the Purchaser on account of theincrease in Custom Duty and Freight Charges directly relatable to thedelay in shipping of the stores.

c)  Any additional expenditure incurred by the Purchaser on CustomDuty, Freight Charges and also extra cost which may arise onaccount of variation in exchange rate during the extended deliveryschedule shall be borne by the Contractor.

8.2  The contractor shall not dispatch the stores till such time an extension in terms of theabove is granted by the Purchaser. If the stores are dispatched by the contractorbefore an extension letter as aforesaid is issued by the Purchaser, the supply of thestores shall be deemed to be subject to conditions set above.

9.0 WARRANTY : 

9.1 The contractor shall warrant that everything to be furnished hereunder shall be freefrom defects and faults in design, material, workmanship and manufacture and shallbe of the highest grade and consistent with the established and generally acceptedstandards for goods of the type ordered and in full conformity with the contract

specifications and samples if any, and shall if operatable, operate properly.9.2 This warranty shall survive inspection of payment for and acceptance of the goods,

but shall expire 24 (twenty four) months after the delivery at ultimate destination inIndia or 18 (eighteen) months from the date of commissioning and proving test of equipment at ultimate destination in India, whichever shall be earlier, except inrespect of complaints, defects and/or claims notified to the contractor within 3 (three)months of expiry of such date. Any approval of acceptance by Purchaser of the storesor of the material incorporated herein shall not in any way limit the contractor’sliability.

9.3 The contractor’s liability in respect of any complainants defects and/or claims shall belimited to the furnishing and installation of replacement parts free of any charge orthe repair of defective parts only to the extent that such replacement or repairs areattributable to or arise from faulty workmanship or material or design in the

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manufacture of the stores, provided that the defects are brought to the notice of contractor within 3 (three) months of their being first discovered during the guaranteeperiod or 3 (three) months from the date of expiry of warranty period or at the opinionof the Purchaser, to the payment of the value, expenditure and damages as herewithmentioned.

9.4 The contractor shall, if required, replace or repair the goods or such portion thereof asis rejected by the Purchaser free of cost at the ultimate destination or at the option of 

the Purchaser, the contractor shall pay to the Purchaser value thereof at the contractprice or in the absence of such price at price decided by the Purchaser and such otherexpenditure and damages as may arise by reason of the breach of the conditionsherein specified.

9.5 All replacement and repairs that Purchaser shall call upon the contractor to deliver orperform under this warranty shall be delivered and performed by the contractor within2 (two) months, promptly and satisfactorily.

9.6 Prompt clearance of the warranty replacement on arrival at Port/Airport shall be theresponsibility of the contractor or his representatives after payment of Custom andother duties as applicable.

9.7 If the contractor so desires, the replaced parts can be taken over by him or his

representative in India for disposal as he deems fit at the time of replacement of goods/parts. No claim whatsoever shall lie on the Purchaser for the replaced partsthereafter.

9.8 The warranty herein contained shall not apply to any material which shall have beenrepaired or altered by the Purchaser, or on his behalf in any way without the consentof the contractor, so as to effect the strength, performance or reliability or to anydefects to any part due to misuse, negligence or accident.

9.9  The decision of the Purchaser in regard to contractor’s liability and the amount, if any, payable under this warranty shall be final and conclusive subject to the right of either party to seek arbitration as provided for under clause-28 of General Conditionsof Contract.

10.0 DELIVERY SCHEDULE :

10.1 The contractor shall supply stores in accordance with the delivery schedule indicatedin the Schedule of Requirements annexed. Tenderers offering deliveries beyond thecut of period are liable to be considered unresponsive. Cut off period shall be 6 (six)months after the last date of delivery of all the machines as prescribed in the scheduleof requirements. For those who offer deliveries beyond the indicated deliveryschedule a penalty worked out at 2% of the Bid Price per month for the delayedperiod may be added to their price for the purpose of comparison of their bids, part of a month being taken as one month.

10.2 In case of failure on the part of supplier to arrange supplies as per the deliveryschedule/installments fixed in advance, save force majeure conditions or delays

attributable to purchaser, the Purchaser reserves the right to levy Liquidated Damageswhich shall be levied for delayed quantity which have remained unsupplied for theperiod.

11.0 COMMISSIONING OF MACHINE: 

Tenderer w ill arrange to commission the machine within 90 days of its arrival at theultimate consignee premises and will also arrange for tests to be conducted accordingto the contract as required by the purchaser or his nominee.

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 SECTION - D

ANNEXURES

TABLE OF CONTENTS

Annexure

Page No.

1. Offer Form for imported Offers D – 1

2. Offer Form for Indigenous Offers D – 3

3. Proforma for Performance Statement D – 6

4. Proforma for information regarding Equipment and D – 7Quality Control

5. Proforma for Bank Guarantee for Bid Guarantee D –8

6. Proforma for Authority from Manufacturers D – 10

7. Proforma for Statement of Deviations D – 11

8. Proforma for Contract Performance Guarantee Bond D – 12

9. Details of shipping arrangements D – 14

10. Proforma for indicating particulars of cargo D – 18

D

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(Please see clause 1.2 &

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

ToTHE PRESIDENT OF INDIA,Acting through the Director, Track (MC)Ministry of Railways, Railway BoardNew Delhi-110 001

This proforma is to be used only for offers of imported goods.OFFER FORM for Tender No.-------------------- Date of opening ---------------- Time----------

1.  We ------------ hereby certify that we are established firm of manufaM/s. --------------with factories at ----------which are fitted of with modern equipment and where the production methoall materials and parts manufactured or used by us are open to inspection by the representative of Indian Railwaysfollowing items at the prices and within the period of delivery indicated below:-

m Description

Specification

Unit Qty.

Price per unit exclusive of AgencyCommission (in the currency/currencies of Manufacturers country/countries or US $

AgencyCommissionper Unit (in thecurrency/currencies of Manufacturerscountry/countries orUS $

Total CIF value of offer per unit(inclusive of AgencyCommission in thecurrency/currenciesof Manufacturerscountry/countriesor US $)

1 2 3 4 5 6 7 8 FOB Portof 

countryof supply.

6 (a)

C&FIndian

Port.

6 (b)

CIFIndian

Port.

6 (c)

Porthandling

Inlandfreight &incidentals.

6 (d)

6 (C) + 7

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2. Cost of training of four Indian Railways Personnel for two weeks in the country of the supplier applicable to full contInstructions to Tenderers).

3. We are agreeable to payment of agency commission to our Agents in India in non-convertible Indian Rupees. The rebelow:

(To be filled in by the tenderer)

b)  The name and address of the Agent..c)  Service to be rendered by the Agent. …………………………………d)  Amount of remuneration for the Agent. …………………………….

4. It is hereby certify that we have understood the Instructions to Tenderers, and also the General and Special Conditender and have thoroughly examined specifications drawings quoted in the ‘Schedule of Requirement’ and are thstores required and our offer is to supply store strictly in accordance with the requirements and according to the tabide solely by the General and Special Conditions of Contract and other conditions of the tender in accordance wcontract is awarded to us.

5. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance

agree to hold this offer open for 180 days from the date of opening of tender. We shall be bound by the communwithin the prescribed time.

6. Earnest Money/Bid Guarantee for an amount equal to. ---------- is enclosed in the form specified in Clause – 6 of the Note:i) The tenderers may prepare their own offer forms as per the proforma.ii) No change in the proforma is permissible.iii) No erasures or alterations in the text of the offer are permitted. Any correction made in the offer shall be initiv) Please refer to Clause 3 of ‘Instructions to Tenderers’ before filling column.7.v)  Figures in columns 6 to 9 (both inclusive) should be both in figures and work.

Signature anD –2

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A(Plof

GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

THE PRESIDENT OF INDIA,Acting through Director, Track (MC)MINISTRY OF RAILWAYS, RAILWAY BOARDNEW DELHI-110 001

This Proforma is to be used for offers of Partly imported partly indigenous and fully in

OFFER FORM for Tender No. ---------------------- Date of opening ------------- Time ---------- ------ H

1.  We, ---------------- hereby certify that we are established firm of manufacturers and authorized agents of M/s. -----which are fitted with modern equipment and where the production methods, quality control and testing of all matused by us are open to inspection by the representative of Indian Railways. We hereby offer to supply the following period of delivery indicated below: -

Item No. Description Specification Unit Qty. Price per Unit FOR station of dispatch (in Indian Rs.)

Total value of Offer(in Indian Rs.)

1 2 3 4 5 6 7

Break up of Price in “Column – 6” (In Indian Rupees)

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Ex-Factory PriceTotal (In Indian Rs.)

Excise Duty Other Levies Sales Tax//CST/ VAT/INPUT TAX

CREDIT

Packing andforwarding in detail

F.O.R. Sdispatc

10 (a) 10 (b) 10 (C) 10 (d) 10 (e) 10

Break up of Ex-Factory Price in “Column – 10 (a)” (In Indian Rupees)

Value of importedEquipment/Components

Duties on11 (b) OtherLevies

Incidentals Value addedComponents

in India

Total Ex-factory Price

Country of oriwhere compon

importe

11 (a) 11(b) 11 (c) 11 (d) 11(e) 11(f) 11 (g) 11 (h)

FOBforeign

currencyequivalent

(Rs.)

CIF foreigncurrency

equivalent(Rs.)

2. Cost of training of four Indian Railway Personnel for one month in India applicable to full contract….. ….. (Ref. clause 19Instructions to Tenderers).

3. It is hereby certified that we have understood the Instructions to Tenderers, and also the General and Special Conditions ofand have thoroughly examined specifications/drawings quoted in the ‘Schedule of Requirements’ and are thoroughly awareand our offer is to supply stores strictly in accordance with the requirements and according to the terms of tender. We agreSpecial Conditions of Contract and other conditions of the tender in accordance with the tender documents if the contract is

4. We hereby offer to supply the stores detailed above or such portion thereof, as you may specify in the acceptance of tenderagree to hold this offer open for acceptance for a period of 180 days from the date of opening of tender. We shall be bounacceptance dispatched within the prescribed time.

5. Earnest Money/Bid Guarantee for an amount equal to. -------- is enclosed in the form specified in Clause – 6 of the ‘Instru

`Dated ……… 2004

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Note:i)  The tenderers may prepare their own offer forms as per this proforma.ii)  No change in the proforma is permissible

iii)  The tenderers should indicate whether they possess the industrial license from Government of India for mitems offered. If where collaboration with a foreign firm for manufacturing of the items offered is involved indicated.

iv)  No erasures or alterations in the text of the offer are permitted. Any correction made in the offer shall be initv)  The detailed break up of ex-factory price should be indicated here and if so required by the purchaser the te

proof in regard to the reasonableness of the same.vi)  The foreign exchange needed for the import of the components and import licence where necessary, should

purchaser will, however, render assistance required in this regard Clause – 15 of the ‘Instructions to Tenderervii)  Figures in columns 6,7 10 and 11 should be both in figures and words.viii)  Tenderers offering indigenous goods (Group A & B offers) may also take into account in their bids any bene

IDA/BRD Credit through International Competitive Bidding, regarding deemed export after ascertaining frAgency/Agencies.

(ix) The purchaser reserve the right to accept or reject deviations from General and Special Conditions of Concomplying with the conditions of contract in each case and his decision thereon shall be final.

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ANNEXURE – 3

(Please see clause 4.2 (a) of Instructions to Tenderers)

PROFORMA FOR PERFORMANCE STATEMENT(For a period of last 5 years)

Tender No.----------------------------Date of opening--------------------Time---------------------Hours-----------

Name of the Firm ----------------------------------------------

Sr.No.

Order placedby (FullAddress)

Order No.& Date

Description& quantityof storesordered

Value of order

Date of completiondeliveryAs peractual

contract

Remarksindicatingreasonsfor latedelivery,

if any.

Has theequipmentbeensatisfactorilycommissioned

and is itgiving troublefree service.

Signature and seal of theManufacturer/Tenderer.

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Annexure – 4(Please see clause 4.2(b) of the Instructions of Tenderers.)

PROFORMA FOR EQUIPMENT AND QUALITY CONTROL

Tender No. ------------------ Date of opening ------------------ Time ------------ Hours ---------

Name of the firm ------------------------------------------------------

Note: - All details required only for the items tendered.

1. Name and full address of the firm.2. Telephone & Telex No. Office/Factory/Works.3. Telegraphic address.4. Location of the manufacturing factory.5.  Details of Industrial License, wherever required as per statutory regulations.6. Details of Plant & Machinery erected and functioning in each Deptt. (Monographs &

description pamphlets be supplied, if available.7. Details of the progress of manufacture in the factory in brief.

8.  Detail & stocks of raw material held.9.  Production capacity of items quoted for, with the existing plant & machinery.

9.1  Normal.9.2  Maximum.

10.  Details of arrangement for quality control of products such as laboratory, testingequipment etc.

11.  Details of staff.:11.1  Details of technical supervisory staff-in charge of production & quality control11.2  Skilled labour employed11.3  Unskilled labour employed11.4  Maximum No. of workers (skilled & unskilled) employed on any day during the

18 months preceding the date of application.

12.  Whether stores are tested to any standard specification, if so, copies of original testcertificates should be submitted in triplicate. 

13.  Are you registered with the Directorate General of Supplies & Disposals, New Delhi,India. If so, furnish full particulars of registration, period of currency etc.

14. Are you a Small Scale Unit, registered with the National Small Industries/CorporationLtd., New Delhi, India. If so, furnish full particulars of registration, currency periodetc.

Signature and seal of the

Manufacturer/Tenderer

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i)  the tenderer after submitting his tender, modifies the rates or any of the terms andconditions thereof, except with the previous written consent of the purchaser: or

ii)  the tenderer withdraws the said bid within 180 days after opening of bid: or

iii)  the tenderer having contract fail to give the bonds so aforesaid within the periodprovided in the contract.

This guarantee will be irrevocable and remain valid upto 4.30 P.M. on _____________, if further extension to this guarantee is required, the same shall be extended to such requiredperiods on receiving instructions from M/s _____________________ on whose behalf thisguarantee is issued.

Date : _______________Signature : __________________

Place : _________________ Printed Name ________________

Witness :_________________

___________________(Bank’s Common Seal)

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  ANNEXURE – 6

(Please see clause 7.7 of ‘Instructions to Tenderers’)

PROFORMA FOR AUTHORITY FROM MANUFACTURERS

No. _________ Date______________

To

THE PRESIDENT OF INDIAActing through the Director, Track (MC)Ministry of Railways, (Railway Board)NEW DELHI-110 001

Dear Sir,

Sub.: Director, Track (MC), Ministry of Railways Tender No.:___________

We __________________ an established and reputable manufacturers of _____________ havingfactories and ________________ do hereby authorize M/s _______________ (name and addressof Agent) to represent us, to bid, negotiate and conclude the contract on our behalf with youagainst Tender No._____________.

No company/firm or individual other than M/s _______________ are authorized to represent usin regard to this business against this specific tender.

Yours faithfully,

(Name)for & on behalf of M/s _________(Name of Manufacturer)

Note:

This letter of authority should be on the letter-head of the manufacturing concern and should be

signed by a person competent and having the power of attorney of bind the manufacturer.

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ANNEXURE – 7

(Please see clause 2.3, 2.3 and 7.6 of Instructions to Tenderers)

PROFORMA FOR STATEMENT OF DEVIATIONS

1) The following are the particulars of deviations from the requirements of the tenderspecifications:-

CLAUSE DEVIATION REMARKS(Including-justifications)

2) The following are the particulars of deviations from the requirements of the Instructionsto Tenderers, General and Special Conditions of Contract:-

CLAUSE DEVIATION REMARKS(Including-justifications)

Signature and seal of the Manufacturer/Tenderer

Note:-

Where there is no deviation the statement should be returned duly signed with anendorsement indication “No Deviations”.

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 ANNEXURE - 8

(please see clause 22 of GeneralConditions of Contract)

PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCEGUARANTEE BOND

Ref.: _________________ Date :_______Bank Guarantee No.

To

THE PRESIDENT OF INDIAActing through the Director, Track (MC)Ministry of Railways, (Railway Board),

New Delhi-110 001, INDIA

1. Against contract vide advance Acceptance of the Tender No. __________ dated__________ covering supply of _____________ (hereinafter called the said ‘contract’)entered into between the President of India and ____________ (hereinafter called theContractor), this is to certify that at the request of the Contractor we,___________________ Bank Ltd., are holding in trust in favour of the President of India,the amount of _________________ (write the sum herein words) to indemnify and keepindemnified the President of India (Govt. of India) against any loss or damage that maybe caused to or suffered by the President of India (Govt. of India) by reason of any breachby the Contractor of any of the terms and conditions of the said contract and/or the

performance thereof. We agree that the decision of the President of India (Govt. of India), whether any breach of any of the terms of the conditions of the said contractand/or in the performance thereof has been committed by the Contractor and the amountof loss or damage that has been caused or suffered by the President of India (Govt. of India) shall be final and binding on us and the amount of the said loss or damage shall bepaid by us forthwith on demand and without demur to the President of India (Govt. of India).

2.  We __________________ Bank Ltd., further agreethat the guarantee herein contained shall remain in full force and effect during the periodthat would be taken for satisfactory performance and fulfillment in all respects of the saidcontract by the Contractor, i.e., till ______________ (viz. till satisfactory commissioning

of the machine at consigns works and three months after the date of expiry of thewarranty period as per clause –9 of the Special Condition of Contract) hereinafter calledthe ‘said date’ and that if any claim accrues or arises against us ________ Bank Ltd., byvirtue of this guarantee before the said date, the same shall be enforceable against us (______ Bank Ltd.), notwithstanding the fact that the same is enforced within six monthsafter the said date, provided that notice of any such claim has been given to us, _______Bank Ltd., by the President of 

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India (Govt. of India) before said date Payment under this letter of guarantee shall bemade promptly upon our receipt of notice to that effect from the President of India (Govt.of India).

3. It is fully understood that this guarantee is effective from the date of the said contract andthat we _________ Bank Ltd., undertake not to revoke this guarantee during its currencywithout the consent in writing of the President of India (Govt. of India).

4. We undertake to pay to the Government any money so demanded notwithstanding anydispute or disputes raised by the Contractor in any suit or proceeding pending before anycourt or Tribunal relating thereto our liability under this present being obsolete andunequivocal.

The payments so made by us under this bond shall be a valid discharge of our liability forpayment thereunder and the Contractor shall have no claim against us for making suchpayment.

5. We, _________ Bank Ltd., further agree that the President of India (Govt. of India) shallhave the fullest liberty, without affecting in any manner our obligations hereunder to varyany of the terms and conditions of the said contract or to extend time or from time to timeany of the powers excisable by the President of India (Govt. of India) against the saidContractor and to forbear or enforce any of the terms and conditions relating to the saidcontract and we, _________ Bank Ltd.,) shall not be released from our liability under thisguarantee by reason of any such variation or extension being granted to the saidContractor or for any forbearance and/or commission on the part of the President of Indiaor any indulgence by the President of India to the said Contractor or by any other matteror thing what-so-ever, which under the law relating to sureties, would, but for thisprovision have the effect of so releasing us from our liability under this guarantee.

6. This guarantee will not be discharged due to the change in the constitution of the Bank orthe Contractor.

Date :_________ Signature :____________Place :__________ Printed Name :___________Witness :___________ Designation

__________

(Bank’sCommon Seal)

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 Annexure – 9

(Please see clause 15.1 of Instructions to Tenderers)

DETAILS OF SHIPPING ARRANGEMENTS FOR LINER CARGOES IN RESP[ECT OFC&F/CIF TRUNKEY/FOR CONTRACTS FOR IMPORTS.

1. (a) SHIPMENT FROM PORTS OF U.K. INCLUDING NORTHERN IRELAND(ALSO EIRE), FROM THE NORTH CONTINENT OF EUROPE (GERMANY,HOLLAND, BELGIUM, FRANCE, NORWAY, SWEDEN, DENMARK,FINLANDAND PORTS ON THE CONTINENTAL SEABOARD OFMEDITERRANIAN ( i.e. FRENCH AND WESTERN ITALIAN PORTS), TOPORTS IN INDIA.

The Seller should arrange shipment of the goods by vessels belonging to the member

Lines of the India-Pakistan-Bangladesh Conference, if the Seller finds that the space on the‘Conference Lines’ vessels is not available for any specific shipment, he should take up withIndia-Pakistan-Bangladesh Conference. Conferity House, East Grin stead , Sussex (U.K), forproviding shipping space and also inform the Shipping Co-ordination Officer, Ministry of Shipping, Road Transport and Highways (Deptt. of Shipping) New Delhi, (Cable:TRANSCHART, NEW DELHI, TELEX: VAHAN IN –031-61157, 61158, 61159).

The Sellers should arrange shipment through the Government of India`s ForwardingAgents, M/s. Schenker & Co., 2000-Hamburg (Cable: SCHENKER CO. HAMBURG) OR obtaina certificate from them to the effect that shipment has been arranged in accordance withInstructions of the Ministry of Shipping, Road Transport & Highways (Deptt. of Shipping), NewDelhi.

(b)  SHMENT FROM (RESTOCK) G.D.R.

Goods under this contract would be shipped by the national shipping companies of theContracting Parties operating bilateral shipping service and vessels under the flag of thirdcountries in accordance with the Agreement between Government of German DemocraticRepublic and the Government of the Republic of India in the Field of Merchant shipping signedon 9.1.1979, as amended up-to-date.

(c)  SHIPMENT FROM ADRIATIC PORTS OF EASTERN ITALY ANDYUGOLAVIA.

The Seller should arrange shipment of the goods by vessels belonging to the followingIndians member lines;

1.  The Shipping Corporation of India Ltd.2. The Scandia Steam Navigation Co., Ltd.3. India Steamship Co., Ltd.

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For the purpose of ascertaining the availability of suitable Indian vessels and grantingdispensation in the event of their non-availability, the Seller should give adequate notice aboutthe readiness of each consignment from time to time at least six weeks advance of the requiredposition to M/s. Schenker & Co. 2000 HAMBURG (Cable: SCHENKER CO. HUMBURG) andalso endorse a copy thereof to the Shipping Co-ordination officer, Ministry of Shipping, RoadTransport & Highways (Deptt. of Shipping) Road Transport & Highways (Deptt. of Shipping),

New Delhi (Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157,61158,61159).

The Seller should arrange shipment through the Government of India`s ForwardingAgents M/s. Schenker & Co. Hamburg (Cable: SCHENKER CO. HUMBURG) or obtaincertificate from them to the effect that shipment has been arranged in accordance with theInstructions of the Ministry of Shipping Road Transport & Highways (Deptt. of Shipping), NewDelhi.

(d)  SHIPMENT FROM POLAND & CZECHOSLOVAKIA.

(i) IMPORTS FROM POLAND.

Shipment under this contract would be made by the National flag lines of the two partiesand vessels of third flag conference lines, in accordance with the agreement between the

Government of the Republic of India and the Government of the Polish People`s Republicregarding Shipping Co-operation dated 27.6.1960 as amended up-to-date.

(ii)  IMPORTS FROM CZECHOSLOVAKIA.

Goods under this contract would be shipped by the National flag lines of the two partiesand vessels of third flag conference lines, in accordance with the agreement co-operation

in shipping between India and Czechoslovakia signed on 3.11.1978 and ratified on 19.12.1979, asamended up-to-date.

Shipping arrangements should be made by the Sellers in consultation with the resident,Representative of the India Shipping Lines in Gdynia, Co., Morska Agencja W.Gdyniul, Pulaskiego 8,P.O. Box 246 ; Gdynia (Poland) Telex : MAG PL.054301, Tel. : 207621), to whom detailsregarding contract number, nature of cargo, quantity, port of loading discharging, name of Government consignee, expected date of readiness of each consignment etc. should be furnish atleast six weeks in advance of the required position, with a copy thereof endorsed to the ShippingCo-ordination Officer, Ministry of Shipping Road Transport & Highways (Deptt. of Shipping),New Delhi (Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157,61158,61159).

(e)  SHIPMENT FROM U.S.S.R.

Shipment under this contract should be made in accordance with the agreement betweenthe Government of Republic of India and the Government of the USSU on Merchant Shipping1976, as amended up-to-date, by vessels of Indo-Soviet Shipping Service.

(f)  SHIPMENT FROM JAPAN.

The shipment of goods should may be made by India vessels to the maximum extentpossible subject to minimum of 50%.

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The Seller should arrange shipment of the goods in consultation with the Embassy of India in Japan, Tokyo, to whom details regarding contract number, nature of cargo, quantity, portof loading/discharge, name of the Government Consignee, expected date of readiness of eachconsignment etc. should be furnished at least six weeks in advance of the required position.

Note:- The copies of such contracts are to be endorsed both to the Attaché (commercial)embassy of India in Japan, Tokyo, and the shipping Co-ordination Officer, Ministry of 

Shipping Road Transport & Highways (Deptt. of Shipping) , New Delhi.

(g)  SHIPMENT FROM ASUTRALLIA, ALGERIA, BULGARIA, ROMANIA,EGYPT.

The Seller shall arrange shipment of the goods by Indian flag vessels to the maximumextent possible subject to a minimum 50% for the purpose of ascertaining the availability of suitable Indian vessels, the seller shall give adequate notice of not less than six weeks about thereadiness of each consignment to the Shipping Corporation of India Ltd. SHIPPING HOUSE,245, Madame Cama Road, Mumbai –400v021 (CABLE : SHIPINDIA MUMBAI) and alsoendorse a copy thereof to the Shipping Co-ordination Officer, Ministry of Shipping, New Delhi((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159).

(h)  SHIPMENT FROM PAKISTAN.

The shipment of cargoes should be made by Indian vessels to the maximum extentpossible subject to a minimum of 50%.

Shipping arrangement should be made by the Sellers in consultation with M/S. MogulLine Ltd., 16-Bank Street, Fort, Mumbai – 400 023 ( Cable : MOGUL MUMBAI ; TELEX : 011-4049 MOGUL), to whom, details regarding contract number, nature of cargo, quantity, port of loading/ discharging, name of Government consignee, expected date of readiness of eachconsignment etc., should be furnished at least six weeks in advance of the required position with acopy thereof endorsed to the shipping Co-ordination Officer, Ministry of Shipping Road

Transport & Highways (Deptt. of Shipping), New Delhi ((Cable: TRANSCHART, NEW DELHI;Telex : VANAN IN-031-61157, 61158,61159).

(i)  SHIPMENT FROM U.S. ATLANTIC & GULF PORTS.

The Seller should arrange shipment of the goods by vessels belonging to the memberlines of the India-Pakistan-Bangladesh-Ceylon and Burma outward Freight Conference. If theSeller finds that the space of the ‘ Conference Lines’ vessels in not available for any specificshipment, he should take up with India-Pakistan-Bangladesh-Ceylon and Burma outward FreightConference, 19 Rector Street, New York N.Y. 10006 U.S.A. for providing shipping space andalso inform the Shipping Co-ordination Officer, Ministry of Shipping Road Transport &Highways (Deptt. of Shipping), New Delhi ((Cable: TRANSCHART, NEW DELHI; Telex :

VANAN IN-031-61157, 61158,61159).

(j)  SHIPMENT FROM ST.LAWRENCE AND EASTERN CANADIANPORTS.

The Seller should arrange shipment of the goods by vessels belonging to the followingshipping lines:

(1)  The Shipping Corporation of India Ltd.(2)  The Scindia Steam Navigation Co. Ltd.

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  If the Seller finds that the space in the vessels of these Lines is not available forany particular consignments, he should inform the Shipping Co-ordination Officer,Ministry of Shipping Road Transport & Highways (Deptt. of Shipping), New Delhi((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157, 61158,61159)immediately so the dispensation from the shipping lines concerned to use alternativelifting may be sought.

(k) SHIPMENTS FROM WEST COAST PORTS OF U.S.A. CANADAAND OTHER AREAS NOT SPECIFICALLY MENTIONEDABOVE.

The Seller should arrange shipment of the goods by Indian vessels to themaximum extent possible subject to a minimum of 50%. For the purpose of ascertainingthe availability of suitable Indian vessels and granting dispensation in the event of theirnon-availability, the Seller should furnish the details regarding contract number, nature of cargo, quantity, port of loading/discharge, name of the Government consignee andexpected date of readiness of each consignment, etc. to the Shipping Co-ordinationOfficer, Ministry of Shipping Road Transport & Highways (Deptt. of Shipping), New

Delhi ((Cable: TRANSCHART, NEW DELHI; Telex : VANAN IN-031-61157,61158,61159) at least six weeks in advance of the required position.

2. BILLS OF LADING.

(i) CIF/C&F/TURNKEY SHIPMENTS.

The bills of lading should be drawn to indicate Shipper, and ‘Consignee’ as under:

SHIPPER : The CIF/C&F/TURNKEY SHIPMENTS.CONSIGNEE : As per consignee`s particulars in the contract ( The name and address

of the ‘Port Consignee’ and ‘Ultimate’ both should be indicated)

(ii) FOB SHIPMENTS.

The bills of lading should be drawn to indicate Shipper, and ‘Consignee’ as under:

SHIPPER : The FOB suppliers concerned.CONSIGNEE : Suppliers Indian Agents on order.

Note 1. Moreover the name of the ‘Purchaser’ and ‘Ultimate’ Consignee, should appear inthe body of the Bills of Lading as per the ‘Notify’ or as remark.

2. Two n0n-negotiable copies of the Bills of Lading indicating the freight amount and

discount, if any allowed, should be forwarded to the Shipping Co-ordination Officer,Ministry of Shipping Road Transport & Highways (Deptt. of Shipping), New Delhiafter the shipment of each consignment is effected.

3. The Seller should avoid the use of over-aged vessels for the Shipment of the goodsunder the contract and if so used, the cost of additional Insurance, if any, shall be borneby the Seller.

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 Annexure –10

(Please see clause 13.1 of Instruction to Tenderers.)

DETAILS OF SHIPPING ARRANGEMENTS OF LINER CARGOES IN RESPECT ON

FOB/FOS CONTRACTS FOR IMPORTS.

1.  Shipping arrangements will be made by the Ministry of Shipping, Road Transport &Highways (Deptt. of Shipping), New Delhi ((Cable: TRANSCHART, NEW DELHI;Telex : VANAN IN-031-61157, 61158,61159), through their respective forwardingAgents/Nominees as mentioned below, to whom adequate notice about the readiness of cargo for shipment should be given by the Sellers from time to time at least six weeksin advance of the required for finalizing the shipping arrangements.

S.No. Area Forwarding Agents/Nominees

(a) UK including Northern Ireland (also

Eire), the North Continent of Europe(Germany, Holland, Belgium,France, Norway, Sweden, Finland andDenmark) and ports on the ContinentalSea Board of the Mediterranean (i.e.French and Western Italian Ports) andalso Adriatic Ports.

M/s. Schenker & Co.,

2000 Hamburg –11, POB No. 110313(Cable : SCHENKERCO HAMBURG)

Telex : 217004-33 SHD 212675Telephone No. 040/36135-0

(b) USA, Canada, Mexico & SouthAmerica, Brajil.

M/s. OPT Overseas Project Transport Inc.,46, SELLERS STREET, KEARNY,

NEW JERSEY 07032.TEL : (201) 998-7771

TELEX: 673-3586

FAX : (201) 998-7833(C) Japan. The First Secretary (Commercial)

Embassy of India, Tokyo, Japan(Cable : INDEMBASSY TOKYO)TELEX : INDEMBASST J-24850

TELEPHONE : 262-2391

(d) Australia, Algeria, Bulgaria, Romania,Czechoslovakia, Egypt, GDR.

The Shipping Corporation of India Ltd.,‘Shipping House’ 229/232

Madame Cama road, Mumbai- 400 –21(Cable : SHIP INDIA MUMBAI),

Telex : 31-2209 SCID IN,Telephone : 232666,232785

(e) Russia, Ukraine, etc. (USSR Block) The Secretaries, Indo-Soviet ShippingServie, C/o The Shipping Corporation of 

India Ltd.,

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Shipping ‘House’ 245, Madame CamaRoad, Mumbai – 400 021(Cable : SHIP INDIA MUMBAI FORSOVIND SHIPTelex : 31 2209 SCID INTelephone : 232666

(f) Poland The Secretaries, Indo-Polish ShippingService, C/o The Shipping Corporation of India Ltd., Shipping ‘House’ 245, MadameCama Road, Mumbai– 400 021(Cable : SHIP INDIA MUMBAI FORINDOPOL)Telex: 3165119 SCID INTelephone: 232666

(g) Pakistan The Mogul-Line Ltd.,16 Bank Street,Fort Mumbai –400 023(Cable: MOGUL MUMBAI)Telex: 011-4049 (MOGUL)

Telephone: 252785(h) Other areas not specifically mentioned

aboveThe Shipping Co-ordination Officer,Ministry of Shipping, New Delhi ((Cable:TRANSCHART, NEW DELHI; Telex :VANAN IN-031-61157, 61158,61159)

2. BILLS OF LADING.

The Bills of Lading should be drawn to indicate ‘Shipper and Consignee’ as under-:

SHIPPER : The Government of India

CONSIGNEE : As per consignee`s particulars in the Contract, (The name andaddress of the ‘Port Consignee and Ultimate Consignee’ shouldboth be indicated).

3. Two non-negotiable copies of the bills of lading indicating the freight amount anddiscount, if any allowed, should be forwarded to the Shipping Co-ordination Officer,Ministry of Shipping, Road Transport & Highways (Deptt. of Shipping), New Delhi afterthe shipment of each consignment is effected.

4. The Seller should avoid the use of over-aged vessels for the shipment of the goods underthe contract and if so used, the cost of additional insurance, if any, shall be borne by the

Seller.

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 MINISTRY OF SHIPPING, ROAD TRANSPORT & HIGHWAYS (DEPTT. O F

SHIPPING), NEW DELHI.

(Cargo particulars in respect of Imports, from USA and Canada)

1. Name of U.S./Canadian suppliers with Postal/ Telegraphic address.

2. Contract Number and date, date to be spelled in wordsspecially month of avoid misunderstanding.

3. Full Designation and Postal/Telegraphic address of thePort Consignee and Ultimate Consignee.

4. Brief Description of Cargo.

5. Delivery Date.

6. Port of Shipment.

7. Port of Discharge.

8. Terms of delivery (The terms FOB is generallyinterpreted in USA as FOB loading point ( i.e.Works/Factory or Ware house which are located in theinterior). If delivery is basis FOB Plant/Works, DollarFund is necessary to cover inland freight payment up toF.A.S. vessel port of Shipment. Also F.A.S. West Coast

and Gulf Ports involve additional charges towardswharlage and handling, where handling is involved, tobe paid in Dollars. If payment by L/C is established byimporters, whether such charges have been provided inL/C, should be indicated

9. Source of Fund, i.e. free foreign currency or loan. If former, indicate foreign exchange sanction No. and date.In case of later, Loan number should be indicate.

10. Paying authority, how the cost of goods etc., will bereimbursed, whether through C.A.O., Embassy of India,

Washington D.C. or by L/C to be arranged by importer.The name of Account Officer in India and head of Account in the former case to be indicated.

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MINISTRY OF SHIPPING, ROAD TRANSPORT & HIGHWAYS (DEPTT. OFSHIPPING), NEW DELHI.

Particulars of Cargoes for which Shipping space is required to be arranged by the Ministry of Shipping, Road Transport & Highways (Deptt. of Shipping), New Delhi on behalf of Ministry/Department/Project/under taking.

Particular of cargo

Nameof supplier withTelegraphicPostaladdress

Nameof theConsigneewithTelegraphicPostaladdress

Description

Quantity

Cargoavailabilitywhethershiploador parcelif thelatter sizeof parcels

Periodoverwhichshipment to becompleted

Loadingport

Dischargeport

Natureof contract FOB/ FAS/orC&F/ CIF/ FORTurnkey

Anyspecialconditions inthatcontractrelatingtoshipment

1 2 3 4 5 6 7 8 9 10

1. This form should be filled in and sent (in duplicate) to the Chief Controller of Chartering(in respect of bulk cargoes ) and to the Shipping Co-ordination Officer, (in respect of general liner cargoes) Ministry of Shipping, Road Transport & Highways (Deptt. of Shipping),New Delhi together with two copies of the Purchase/Sale contract as soon asrelevant contract is finalized.

2. This pro-forma is for all contract for imports and exports (except those for imports fromU.S.A. and Canada).

3. In case of import of general liner cargoes from Japan, the cargo particulars pro-formashould be sent in quadruplicate and in respect of C&F/CIF/FOR/Turnkey contract forimport U.K. Continent in quarter duplicate.

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GOVERNMENT OF INDIAMINISTRY OF RAILWAYS

(RAILWAY BOARD)

TENDER DOCUMENT

PART – III

SECTION –E SCHEDULE OF REQUIREMENT

SECTION – F TECHNICAL SPECIFICATION

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SECTION – E

SCHEDULE OF REQUIREMENTS

E

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SECTION – F

TECHNICAL SPECIFICATION

F

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SPECIFICATION FOR HIGH OUTPUT TIE TAMPING MACHINE FOR BROADGAUGE (1676 mm)

(For 09-32 CSM or Equivalent)

1.0 GENERAL:

1.1 These specifications are laid down for a robust and sturdy track tamping/lining,lifting and levelling high output machine (hereinafter called the machine), whichshould be suitable for track geometry correction and tie tamping on track formaintenance and renewal/construction sites. The machine shall be capable ofimproving the track geometry up to mainline high-speed standards.Conventional tamping machines also undertake the lifting, leveling, lining andtamping operations. However, their output is not adequate enough. Consideringthe limited availability of traffic block on the Indian Railways, high outputtamping machine hereinafter called the machine are required to givesubstantially increased output economically and quantitatively as given in the

subsequent paras.

1.2 As the machine may be required to work for a number of passes at a site toimprove the track geometry, the machine should be capable of givingsubstantially high output, as laid down in the specifications below, whileachieving the highest quality of work.

1.3 The technical specifications have been drafted to reflect the performance andquality requirements of the machine in a neutral manner without bias to anyspecific manufacturer. Bidders are requested to carefully study the specificationand assure that their machine fully comply with these specifications. Thereafter,

if a bidder feels that his machine can substantially meet the performance andquality requirements of the specifications but does not fully satisfy a particularsystem specification, he should mention the same in the statement of deviationfrom the specifications, giving the details how the functional requirements aregoing to be met with.

1.4 The bidder shall specify the model offered and furnish a detailed technicaldescription of the same. System/sub-systems of the working mechanism of themachine as per Para ‘3’ in particular and all the items of the specifications ingeneral shall be described in detail in the “Technical Description”, along withthe sketches to show the manner in which the requirements of the

specifications are accomplished by the machine (model) offered.

1.5 Photographs of the type of machine offered in working mode shall be enclosedwith the offer. This shall also show close-ups of various workingassemblies/systems and the full machine. The tenderer shall also furnish avideo cassette/compact disc showing the working of machine in real time underfield conditions.

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2.0 DIMENSIONAL AND OPERATING REQUIREMENTS:

2.1 The diesel powered self propelled tamping machine shall be of the latestdesign, extremely reliable with minimum of four or more axles and suitable forworking on the Indian Railway plain track, transition and curved track (upto 10°)

on the Broad Gauge (1676 mm). The design and dimensions of the machineand components shall be to metric standards. Quality assurance duringmanufacturing shall be as per ISO-9001.

2.2 The profile of the machine longitudinally and in cross section during transfer asself-propelled vehicle or towed in train formation shall be within the IndianRailways Schedule of Dimensions – 1676mm gauge (BG), revised, 2004 withthe latest corrigendum and up to date correction slips issued . The maximummoving dimensions are shown in Annexure - I. The tenderer shall submitsketches of the machine in plan and shall give calculations for movingdimensions on 10° curve to show the extent of lateral shift at the ends, centre

and any other relevant cross sections. It shall be ensured that the machinedoes not cause infringement while moving on a 10° curve.

2.3 Adequate clearance shall be allowed so that no component/ part shall infringethe minimum clearance of 102 mm from rail level while travelling.

2.4 The axle load of the machine shall be less than 20.32t with minimum axlespacing of 1.83m. Load per meter shall not exceed 7.67 t.

2.5 It shall have a minimum wheel diameter of 915 mm (new wheel profile).However, lesser diameter upto 730 mm (new wheel profile) can also beconsidered provided it meets the speed and riding quality criteria laid down inClause 2.8 and rail wheel contact stresses for 72 UTS rails are withinpermissible limits. Forged wheels to Indian Railways profile shall be providedon the machine. The worn out wheel diameter based on the criteria of railwheel contact stresses for various maximum axle loads are as under: 

Maximum Axle load (tonne Minimum worn out wheel diamete20.32 816mm20.0 805mm19.5 787mm

19.0 768mm18.5 750mm18.0 732mm17.5 713mm17.0 700mm16.5 680mm

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2.6 It shall be capable of negotiating curves upto 10° curvature (176 m radius),super elevation upto 185mm and gradients upto 3% in travel mode. Thesupplier shall specify the minimum attainable speed under the above limitingconditions, which in any case shall not be less than 40 kmph. The machineshall be able to work on single/multiple lines as well as between platforms

without infringing the traffic movement on the adjoining tracks.

2.7 The machine should be capable of continuous operation during the varyingatmospheric and climatic conditions encountered throughout the year in India.The range of climatic conditions is as follows:

Ambient temperature - 00 C to 550 CAltitude - sea level to 700 m above mean sea levelHumidity - 40 to 100 %Maximum rail temperature - 700 C

2.8 During transfer from one station to another, it shall be capable of travelling onits own and haul a Camping Coach at a speed of 80 kmph and at a speed of100 kmph when hauled in a train formation. Since the machines are likely tocover long distances on their own power, the travel drive system should berobust to sustain these requirements during the life of the machine without anybreak down/failure.

2.9 It shall be capable of working without requiring power block in electrifiedsections. 25 KVA current is used for traction through an overhead wire at 5.5 mabove rail level. On bridges and tunnels, the height is restricted to 4.8 m.

2.10 The machine or its any part shall not infringe the adjoining track as per IndianRailways Schedule of Dimensions, 1676mm gauge (BG), revised-2004 with thelatest corrigendum and up to date correction slips issued, while opening andclosing of work. During working also it shall not infringe the adjoining track andit shall be possible to permit trains at full speed on the track. Minimum spacingof track is 4.265m centre to centre.

2.11 The machine shall be equipped with pneumatically operated block brakesacting on all wheels. The machine shall be equipped with a mechanicallyoperated parking brake. All operations for work and travel shall be controlledfrom a spacious fully enclosed cabin permitting unobstructed view in bothdirections.

2.12 It shall be possible to drive the machine in both directions at the same speed.

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 3.0 Working Mechanism

3.1 The machine shall be capable of carrying out automatic lifting, levelling, liningand tamping of track to achieve the laid down track geometry standards, with

proper packing for various kind of track structures, and laid down minimumprogress rate as stated below. The machine shall be provided with acomputerized unit for the overall control of its leveling and lining system for allpossible track geometry. The system shall be so designed that for working ontracks with predecided target geometry, the standard track geometry data aswell as correction values can be entered prior to work either directly on systemof via USB or CD ROM. For working on tracks with unknown target geometry, itshall be possible to determine the correction values by making a measuring runand subsequent geometry compensation of the recorded data consideringobligatory point and constraints of lifting and lining etc. Interactive processing ofthe target profile by the operator shall be possible. Track parameters shall be

displayed in graphic as well as text form on a colour monitor. It shall be possibleto guide the lifting and lining system of the machines continuously andautomatically by this unit. The software shall be window based. The hardwareshall be sturdy for operation under conditions of shock, vibration, dust,electromagnetic influences from outside and interruption of power supply. Theunit shall have adequate memory to cover minimum 100 km track length tokeep records of works performed, new track geometry obtained and enabletransfer of the data via USB or floppy disk as required.

3.2 The machine shall be capable of carrying out automatic lifting, levelling, liningand tamping of average 2000 sleepers in an hour of working, on all type oftrack structures including wooden/CST-9/ST/ Concrete sleepers on 90R/52kg/60 kg rails with uniform sleeper density, which may vary from 55 cms to 75cms. Dimensions of sleepers are given in annexure II. However, the machineshall be capable of tamping at the peak rate of 2600 sleepers per hour over aperiod of not less than 30 minutes.

3.3 The supplier shall furnish the full details of the tamping cycle of the machine, itstimings and other operational details to show the compliance to performanceparameter as per clause no. 3.2 above.

3.4 The machine shall be capable of tamping, lifting and lining track with 90 R, 52Kg, 60 Kg long welded rails or short welded rails or fishplated rails laid onprestressed concrete sleepers, steel trough sleepers, CST-9 and woodensleepers.

3.5 On the joint sleepers, with clear spacing being only 50mm, the machine shallbe equipped with a mechanism to tamp these two sleepers together.

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3.6 The ballast depth ranging from 300 mm to 350 mm shall be effectivelycompacted having zone of influence of tamping confined to app. 150 mm layerbelow the bottom of sleepers. There shall be provision for stepless adjustmentof the depth of tamping tools to suit different type of sleepers. The maximumdepth of concrete sleeper is equal to 210mm.At deep screening or at renewal

site it shall be possible to undertake tamping upto 300 mm or more in layers bytamping of first 150 mm layer followed by filling of ballast and tamping ofanother top 150 mm layer.

3.7 The tamping below the sleepers, after the track geometry correction, shall bebased on vibratory squeeze principle, to achieve a durable compaction. Theamplitude and vibration frequency and squeezing pressure to achieve a durablecompaction shall be specified.

3.8 It shall be possible to vary the peak squeezing pressure exerted by the tampingtools, to suit the different types of track structures.

3.9 The tamping tools shall come to rest automatically after they encounter theresistance from ballast to pre-selected squeezing pressure and hold thesqueezing pressure for pre-set time. It shall be possible to vary the squeezingpressure holding time, to suit the varying ballast conditions.

3.10 On Indian Railways, Rail top to sleeper bottom depth may vary from 260 mm to420 mm. There shall be provision for step-less adjustment of the penetrationdepth of tamping tools to suit different types of rails and sleepers.

3.11 The machine shall be provided with automatic levelling/lining equipment, whichwill permit correct leveling and alignment of the track, cross levels includingprovision of super elevation alongwith tamping. Tolerances achievable shall beas follows:

Unevenness : + 1 mm on 3.6 m ChordCross level : + 1 mmAlignment : + 2 mm on 7.2m ChordTwist : 1 mm/m

3.12 It shall be possible to control the target track geometry parameters, in infinitelyvariable steps, from the operator’s/front cabin. To suit this, suitableProportional/Servo Control Systems shall be provided.

3.13 The working cabins of the machine shall be air conditioned. However, theelectronic equipment shall be so designed that it shall be able to work withoutair conditioning under the climatic conditions described in Para 2.7 . The airconditioner shall be of industrial design capable of operating in highly dustladen environment.

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3.14 Separate tamping unit shall be provided for each rail, with adequate number oftamping tools to impart adequate vibrations and squeezing of the ballast belowthe sleepers. The tamping unit shall be provided with necessary arrangementsfor lateral shifting to adjust them over the rails in sharp curves, to align thetamping units centrally over the rails.

3.15 The work units of tamping , lifting and lining shall be positioned on anunderframe (satellite frame) separate from the main frame capable of cyclicmovement from sleeper to sleeper, independent of the main frame, so that theoperator does not get undue fatigue due to acceleration, pull, braking jolt ineach tamping cycle. The movement of the main frame shall be synchronouswith movement of satellite frame, so as to achieve a continuous tamping oftrack.

3.16 The lifting system shall be such that the track can be lifted without bearing onthe ballast. The machine frame and lifting system shall be strong enough to

withstand the track lifting forces for all types of track structures for 150 mm liftsin one go.

3.17 The free rail length between the two bogies should be long enough to permitthe track lifting upto 150 mm in one go, having 60 kg rails on concrete sleeper,without excessive stresses in the rail or on the lifting mechanism.

3.18 While working on track, the lifting system should hold the rail continuously,rather than releasing and re-lifting the rail at every tamping cycle.

3.19 The machine shall be fitted with automatic lining equipment capable of carryingout lining simultaneously with leveling. The machine shall also have the abilityto slew 60 kg concrete sleeper and rail track upto 150 mm in one go for all typeof track structures.

3.20 The machine shall be capable of measuring and recording in real time on aprint out, unevenness, alignment and cross level before and after the tampingby the machine. It shall also record progress vis-à-vis time.

4.0 Diesel Engine:

4.1 The machine shall be powered by diesel engines preferably indigenous withproven record of service in tropical countries with wide service network in India.Robust construction and low maintenance cost are of particular importance.Adequate allowance shall be made for de-rating of diesel engine under themost adverse climatic conditions mentioned in this specification elsewhere.

4.2 The supplier shall furnish the details of diesel engine and its controls to assessits conformity with the engines already operating on track machines on IndianRailways. If the machine-design incorporates an engine not already operating

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mode in both the directions. However, the system should be so designed thatall the driving wheels work in synchronization and there is no slippage/skiddingof the wheels during the work drive. 

5.3 The driving mechanism, in working mode, shall be adequately designed to

handle the acceleration and braking forces at each tamping cycle. A suitablesynchronization circuit to control the synchronization of lifting/lining/tampingprocess with the machine drive/braking system in working mode shall beprovided to prevent any damage to the machine systems on account of non-synchronization.

5.4 Suitable differential systems may be provided between coupled wheels on thesame bogie.

5.5 Suitable flow divider/throttling arrangement may be provided to equalize thetractive effort amongst different bogies. Adequate gauges shall be provided to

indicate the power sharing among different driving bogies to preventoverstressing of any traction bogie or its components.

5.6 The supplier shall provide the necessary technical details including circuitdiagrams to confirm the above requirements.

5.7 Adequate gauges (flow meter) and solenoid valves shall be provided nearlinkage assembly, for indication, flow control and carrying out necessaryadjustment in the field.

5.8 To the extent possible hydraulic and pneumatic component/assembly should befixed at suitable location preferably on the side frame of the machine so as toavoid the need of going on top of the machine for day-today maintenanceschedules.

6.0 Chassis and Under frame:

The chassis shall be standard welded steel sections and of steel sheets, so asto permit transportation of the machine in train formation without endangeringsafety of train. The under frame shall be constructed from rolled steel sectionand/or plates and shall be designed to withstand a maximum static squeezetest load of 200 t without any permanent distortion. The under frame shall besufficiently robust for safe travel of the machine in train formation and notnecessarily as the last vehicle.

7.0 Suspension System:

The suspension system shall be preferably of two-stage type with suitablespring and damping arrangement. Spring for primary and secondary

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suspension shall be designed to cater for actual service conditions. Effectivemeasure shall be adopted minimize the weight transfer while starting, stoppingand during runs.

8.0 Hooks and buffers:

The machine shall be fitted with hooks and buffers of IRS design on both endsfor coupling the machine to other vehicle and running it in train formation.

9.0 Cabins:

9.1 The machine shall be equipped with fully enclosed and pressurized cabins withsafety glass windows at both ends & working cabin is to be air-conditioned. Inview of the high ambient temperature prevailing in India, special attention shallbe paid to free circulation of air and ventilation in the driver’s cabin. It shall be

possible to have a clear view of the track ahead while driving the machine inboth the directions from the cabins at either end. The cabin layout shall besuch that, before leaving the machine, the operating staff has full view on boththe sides, to avoid any danger to them from trains on the adjacent track.Additional driver’s cabins shall be provided if the view while driving is not clearfor safe travel in both directions. 

9.2 The gauges, instruments and controls shall be suitably located in the operator’scab so that they can be observed without undue fatigue to the operator.

9.3 The operator’s cabin shall be ergonomically designed to have easy access toall the controls. The operator shall have a full view of the working area from theoperating seat to have a full control over the work.

9.4 Screen wipers preferably operated by compressed air or electrically operatedshall be provided on the windscreens on both sides.

9.5 Suitable number of fire extinguisher (dry chemical type) shall be provided in allthe cabins.

9.6 The machine shall be provided with well designed adequate space for keepingthe tools and spares required for on site repair of the machine to attend thebreakdowns and other working requirements.

10.0 Cooling System

10.1 The cooling system shall be efficient and designed for a maximum ambienttemperature of 55° C. Supplier shall note that the machine shall be workingunder extreme dusty conditions and the cooling mechanism should bemaintainable under these conditions.

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 10.2 Adequate heat transfer arrangement for the hydraulic system shall be designed

and provided so that under extreme heat conditions as mentioned in 2.7 above,

the system oil temperature does not go beyond 85°C.

11.0 Brakes:

11.1 The machine shall be fitted with the airbrakes and provision shall be made toconnect air brake system of the machine to that of camping coach when themachine is hauling it. The brakes shall be protected from ingress of water,grease, oil or other substances, which may have an adverse effect on them.The brake lining shall be suitable for high ambient temperature of 55° C. Theforce required for operating the brake shall not exceed 10 Kg. at the handlewhile applying by hand and 15  Kgs. on the pedal, when applied by foot. Inaddition, mechanical brakes shall also be provided for use in an eventuality offailure of air brakes as well as for parking brakes

11.2 Machine shall be equipped with suitable air brake valves so that while workingin train formation, machine can be braked by traction vehicle. In addition, themachine shall be equipped with suitable air brake system in the driving cabinsso that the attached wagon or camping coach while being hauled by machine,can be braked. An additional through pipe with attachment shall be provided inthe machine for attaching the machine in train formation havingvacuum/compressed air braking system.

11.3 The emergency braking distance (EBD) of the machine on the Indian RailwayTrack, at the maximum design speed shall not be more than approximately

600m. In this regard necessary design calculations for the braking effort andEBD at the maximum design speed of the machine should be provided by thesupplier.

12.0 Horn and safety switches:

12.1 The equipment shall be provided with electric/pneumatic horns/hooters facingoutwards at each end of the machine at suitable locations to warn the workmenof any impending danger at the work spot or from oncoming train. The hornsshall be distinctly audible from a distance of at-least 400 m from the machine.These electric horns/hooters shall be operated by means of push buttonsprovided in the cabins and also should have remote control operation so thatthe lookout man standing around 150 m away from the machine can operatethe electric horn/hooters to warn the staff working on/around the machine aboutapproaching train on adjoining track. Adequate numbers of safety stopswitches should be provided all around so that in case of any danger to workerduring working, the working can be stopped immediately.

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12.2 Safety equipments like jacks, pullers, trifor and other such equipments specificto the machine for restoring failed units of the machine during working shall beprovided on the machine.

12.3 Machine shall be provided with emergency backup system to bind up the

machine in the event of failure of prime mover or power transmission system ofthe machine. The emergency backup system should also use a manualhydraulic power pack in addition to the emergency generator/battery basedelectric hydraulic systems.

13.0 Electric equipment and lighting:

The electrical equipment to be provided shall conform to relevant standardspecifications and shall be suitable for Indian climatic conditions. The machineshall be equipped with twin beam headlight assembly, conforming to RDSOspecification no. ELRS/SPEC/PR/0024 revision – 1, September, 2004 with the

latest amendments ensuring a light intensity of 3.2 lux at ground level at trackcentre at a distance of 305 mts. away on a clear dark night, at each end andwith two front and rear parking lights, which can be switched to red or whiteaccording to the direction of the travel. Powerful swiveling floodlights shall alsobe provided to illuminate the working area sufficiently bright for efficient workingduring night. The amber colour flasher lights shall be provided on both ends ofthe machine to give indication for the train arriving on other line about anyimpending danger.

14.0 Operators:

The number of operators and allied staff for working of the machine undernormal working conditions shall be indicated, specifying their duties andminimum qualifications.

15.0 Tools and Instruction manuals:

15.1 Each machine shall be supplied with a complete kit of tools required by theoperator in emergency and for normal working of the machine. The list of toolsto be provided shall also include all tools necessary for maintenance and repairof the entire machine including specialized equipment. All special tools shall belisted and catalogued illustrating the method of application.

15.2 Detailed operating manual, maintenance and service manual, user manualindicating capabilities of machine, shall be specifically prepared in Englishlanguage and three copies of these shall be supplied with each machine. Oneset of all the manuals and diagrams ( one set for a group of similar machines)should be sent to the principal/IRTMTC, Allahabad and one set (one set for agroup of similar machines) to be sent to ED/TMM directorate, RDSO, Lucknow.

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15.3 The supplier/manufacturer shall also supply circuit diagrams of electricalhydraulic, pneumatic and electronic circuits used on the machine. Troubleshooting diagram/ table shall also be supplied. In additions, the supplier shallprovide dimensional drawings with material description of items like rubberseals, washers, springs, bushes, metallic pins etc. Main features such as type,

rpm & discharge etc of items like hydraulic pumps-motors and such otherbought out components/assemblies shall be furnished by the tenderer. 

15.4 The tenderer shall along with his offer, submit the list of tools, manuals, circuitdiagrams and other technical literature/drawings in English language to besupplied along with each machine as above, for operation, servicing,maintenance, assembly overhauling, periodic overhauling and trouble shootingguides/manuals. The list can be modified to suit the purchaser’s requirement,while examining the offer.

15.5 While offering the machine for first inspection, the supplier shall submit three

copies of complete technical literature in English language including operation,service and field maintenance manuals/instructions and complete electrical,hydraulic and pneumatic circuit diagrams, trouble shooting charts, componentdrawings/ description and other relevant technical details so as to maintainmaster copies of these documents in Indian Railway Institutions and areference documents for the inspecting officer.

15.6 One portable welding plant of reputed make (preferably Indian make) with aminimum 11 KW/16 H.P capacity along with sufficient cable or lead shall beprovided with the machine for day to day repairing of machine and its wearingparts.

15.7 The supplier/manufacturer shall provide detailed technical drawings andspecifications of wheels and axles used in the machine along with detailedcode of procedures for ultrasonic testing of wheels and axles of all types. Theabove details shall be provided in four sets.

16.0 Spare Parts:

16.1 The expected life of components shall be advised along with their condemninglimits. The machine shall be supplied with the necessary spare parts for theoperation and maintenance of the machine for a period of two years i.e.working for about 2000 hours.

16.2 The tenderer, along with the offer, shall furnish the required spare parts detailsin a separate list indicating description, part number, quantity, cost, whetherimported or indigenous and their source of supply (OEM details). The suppliershall be responsible for the subsequent availability of spare parts to ensuretrouble free service for the life of the machine (15 years).

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16.3 For indigenous parts and brought out components and assemblies, the source(original equipment manufacturer’s reference and part no.) and other relevanttechnical details shall be supplied while offering the first machine for inspection.

17.0 Maker’s test certificate:

Copies of maker’s certificate guaranteeing the performance of the machineshould be supplied in duplicate along with the delivery of each machine.

18.0 Optional Equipment:

Tenderer is expected to quote for optional equipment separately for each itemgiving the advantages/functions of such optional equipment. Tenderer shouldalso indicate whether such equipment are already in use on machineselsewhere indicating the user railway system.

19.0 Guarantee:

In addition to the clause 9 of the special conditions of contract dealing withwarranty, the following will apply.

Should any design modification be made in any part of the equipment offered,the period of 24 months would commence from the date of the modified part iscommissioned in service for the purpose of that part and those parts which mayget damaged due to defects in the new replaced part. The cost of suchmodification should be borne by the supplier.

20.0 Inspection of the machine:

While inspecting the machine before dispatch from the supplier’s premises, theinspecting officer shall verify the conformity of the machine with respect toindividual specification as above. The machine’s conformity/non-conformitywith respect to each item shall be jointly recorded before issue of the“Inspection Certificate and approval for dispatch of the machine” as perAnnexure – III enclosed.

21.0 Service Engineers:

The contractor shall provide at his own expense the services of competentengineers during the warrantee period for warrantee related issues. Theservice engineers shall be available for the commissioning of the machine forregular service, and for training to the operating, repairing and maintenancestaff of the machine. The engineers shall also advise the Railways onappropriate maintenance, testing, operating, repair and staff training facilitiesthat are necessary for the efficient performance of the machines.

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22.0 Acceptance test:

22.1 In addition to verification of the various items of specifications covered earlier,the purchaser’s nominee shall carry out the following tests in India at thepurchaser’s premises at the time of commissioning of the machine. The pre-

commissioning tests shall be completed and the machine shall becommissioned within 90 days of its arrival at the premises of the finalconsignee.

22.2 Dimensional check of loading gauge, i.e. maximum moving dimensions,buffer heights, clearances, length of machine, bogie distance etc.

22.3 Testing for negotiability of 10 degree curve and 1 in 8 ½ turnout.

22.4 Running speed tests on the Indian Railway mainline track on the first machinein accordance with the procedures outlined in Annexure- IV with the machine

running upto speed 10% higher than the maximum speed mentioned in Para2.8 above.

22.5 Construction and engineering of the machine and its ability to perform all thefunctions as laid down in the specification. 

22.6 Actual output and performance test to be conducted on the first machine. Thegeneral condition of test shall be as follows:-

a) The machine crew shall be either trained personnel of Indian Railways orthe staff of the contractor/supplier.

b) Dry weather, ambient temperature between +5°C to +40° C.c) Amount of lift - 20 mmd) Amount of slew- + 10 mme) Plain Track or curve minimum 1000m radius.f) Clean ballast cushion upto 100 mm in sufficient quantity below the

bottom of the sleeper and generally not cemented.g) Straight track with gradient upto 5 per thousand.h) Long welded track on concrete/ wooden/steel sleepers.i)  Rails and sleepers in good conditions and properly fastened.

  j) Regular sleeper spacing of 60/65 cms with a tolerance of +3 cms onstraight track.

k) Good formation.l) The machine shall able to tamp 2000 sleepers over a one hour period of

working. The machine shall also be able to achieve a peak tamping rateof 2600 sleepers per hour over a 30 minutes period. Stoppage of worknot attributable to machine shall be discounted.

22.7 Should any modification be found necessary as a result of the tests, theseshall be carried out by the supplier at his own expenses.

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 23.0 Issue of Provisional Speed Certificate:

Whenever a new rolling stock is introduced in Indian Railways, a provisionalspeed certificate is issued by RDSO based on certain design parameters of the

vehicle. Final speed clearance of the vehicle is given after conducting detailedoscillation trial of the vehicle, which is a time taking process. Therefore, issue ofprovisional speed certificate for the vehicle becomes a necessity and based onthe same the approval of running of the vehicle on Indian Railway track is takenfrom Commissioner of Railway Safety. For issue of provisional speedcertificate, the following actions are required to be taken by the suppliers.

a) Current suppliers, whose models are approved :

The supplier shall give details of the model, year of introduction in IndianRailway, details of speed certificate issued etc. The supplier shall certify that no

change has taken place in the model being offered with respect to design ofunder carriage i.e. suspension system/arrangement, wheel & axle assembly,bogie, braking arrangement loading pattern of the vehicle etc. and thedistribution of axle loads, lateral forces, unsprung mass,tractive effort andbraking force coming on rail is the same. If, there is any change in aboverespect, the action shall be taken as detailed in para (b) below:

b) Current suppliers, whose models are not approved / or new :As soon as the supplier completes the design of the machine as perspecifications, the technical details as per Annexure (VA & VB) shall besupplied for processing of provisional speed certificate for the machine so thatit can be permitted to move on track. On case-to-case basis, more technicaldetails (other than mentioned in Annexure VA & VB) can also be asked forissue of provisional speed certificate for the machine.

C) New suppliers, whose models are new :The technical details shall be supplied as detailed in para (b) above.

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ANNEXURE- II

DIFFERENT SIZES OF B.G. SLEEPERS

Sl.No. Description Length(mm) Width(mm) Height(mm) Weight(kg.)(approx.)

1. CONCRETE SLEEPER 2750 150 220 300

2. WOODEN SLEEPER 2750 250 130 100

3. STEEL TROUGHSLEEPER

2680 257 106 79

4.

 

60 kg Rail (2 nos.) 6500 150 172 785

5.. 60kg 1in 12 CMScrossing

4350 521 172 980

6. Abrasive rail Cutter 1070 420 950 30

7. Rail Drilling Machine 1030 450 570 60

8. Rail Tensor 1700 400 300 700

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ANNEXURE-III

ACCEPTANCE CRITERIA DURING OSCILLATION TRIALS

The speed potential of the machine offered by the firm should be established based

upon oscillation trials conducted in India. The tests will be conducted at a speed usually10% higher than the maximum speed potential indicated by the firm for the machineunder consideration and the following criteria satisfy for the same. For conducting thetests, a section of mainline track will be selected over which there is no temporary speedrestrictions and which is considered by the Railway as being in a generally run downcondition for mainline standards, but without speed restrictions. The vehicle will betested generally for new and worn clearance conditions and where relevant for operationin the forward and backward directions. The vehicle selected for tests will be one inaverage condition for normal maintenance.

The criteria to assess the performance of the UTV in oscillation trials

will be as applicable in Indian Railways at the time of actual oscillation trials.However, the criteria applicable at present are given below:

1.  A lateral force lasting more than 2 metres should not exceed the Prud Home’s limitof 0.85 (1 + P/3) tonnes, where P is the axle load in tonnes.

2.  Isolated peak values exceeding the above limit are permissible provided the recordshows stabilizing characteristics of the vehicle subsequent to the disturbances.

3.  A derailment coefficient should be worked out in the form of ratio between thelateral force (Hy) and the wheel load (Q) continuously over a period of 1/20th second, the value of Hy / Q shall not exceed 1.

4.  The values of acceleration recorded in the cab at location as near as possible toaxle, shall be limited to 0.55 g both in vertical and lateral directions. The peak values up to 0.60 g may be permitted, if the records do not indicate a resonanttendency in the region of peak value.

5.  In case of such vehicles where measurement of forces is not possible, evaluationshall be in terms of ride index, based on the accelerations measured as detailed inpara 4 above, which shall not be greater than 4.50, but a limit of 4.25 is preferred.

6.  A general indication of stable running characteristics of the whole vehicle asevidenced by the movements of the bogie in straight, station yard and curved track and lateral force and derailment coefficient or accelerations as the case may be.

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Annexure –V/A 

Particulars Required in Respect of the Rolling Stock  

Under Consideration

1.  A diagram showing elevation salient dimensions :Wheel spacing, Wheel diameter, bogie centres,and axle load.

a)  i) Over all length of the vehicle :ii) Length over head stock :iii)Length over buffers :iv) Distance apart for Centre of buffers :

v) Max./Min. height of centers of buffersabove rail level :

b) i) Wheel base :ii) Axle load (max) :iii) Bogie Centres :

2. Wheel dimension :i) New :ii) Worn out :

3. i) Tread and flange profile of the wheel :indicating clearly whether it is IndianRailway standard profile or differs from

standard flange profile.

ii)  Wheel gauge dimension – :(back to back of tyre flange).

4. Whether the stock is designed to be used as :a general purpose or in a closed circuit inspecified sections under defined conditions.

5. Maximum design speed

i) Own Power :ii) In train formation :

6. Unsprung weight per axle in tonnes

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i) Driving axle :ii) Running axle :

7. Expected lateral force in tonnes per axle :

At maximum design speed.

8. Method of operation - :Whether single only or coupling together ispossible. If coupling is possible, the numberwhich can be coupled and what is trailing load.

9. Maximum tractive effort at start and at the speedof operation -

i) at working drive at start :

at operation speed :

ii) at transfer drive at start :at maximum speed :

10.  Maximum braking force coming on to the rails per wheel 

)  at working axle :a)  at transfer axle :

Drawing indicating suspension arrangement details :of bogie and axle.

12. Height of centre of gravity from rail level :

13. Height of floor from rail level :

14. Type of coupler provided -Indian Railways Standard

Coupling :

Buffer :

15. Any infringement to the moving dimensions :Sketch provided in the Indian Railways StandardSchedule of Dimensions – Chapter IV (A).

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  Annexure – V/B

Following information as detailed below is also required along with theinformation required as per Annexure ’A’ for processing the case for issue of provisional speed certificate for new vehicle

S.no Item

1. a) Brake System details

b) Gross Braking Ratio

2. Brake rigging arrangement drawing and calculation of braking force

3. Maximum Braking Effort. at start and at the speed of operation -a) at working drive at start :

at operation speed :b) at transfer drive at start :

at maximum speed :

4. Characteristics of springs used in suspension indicating free height, working height,

dynamic range, stiffness and locations etc.5. Characteristics of the dampers if used, and over all damping factors and locations of 

dampers.Calculation of the following frequency of the vehicle to be attached :-

i)  Bouncing ii) Pitching iii) RollingWave length of free axle and bogie

6. Write up and salient design calculation on suspension system, type of suspension-whether it is of coil suspension with or without dampers and laminated bearingsprings and double link suspension.

7. What are lateral clearance of axle box / horn, wheel flange/rail and other locationsfor the negotiability of the vehicle on curve and turn out (enclose Vogels Diagram

for negotiability on maximum degree of curve and turn out permitted on IndianRailways) of new and worn out wheel.

8. Wheel and axle assembly drawings

9. Calculation for flange force

10. Technical specifications of Vehicle supplied.

11. Calculation of natural frequency

12. Calculation of spring characteristics and critical speed of the vehicle.

13. Simulation result showing ride index, lateral force and acceleration results.

14. A certificate regarding the speed of the vehicle for which it has been designed.

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CHECK LIST

1. Have you purchased the Tender Documents? Yes/No

2. Have you submitted a Bid Guarantee? Yes/No

(Annexure – 5, Bid Documents Part-II)

3. Have you furnished a Letter of Authority? Yes/No(Annexure-6, Tender Documents Part-II)

4. Have you furnished the Performance Statement? Yes/No(Annexure-3, Tender Documents part-II)

5. Have you submitted the Banker’s Report? Yes/No(Para 4.1 (b) of ‘Instructions to Tenderers’Tender Documents Part-II)

6. Have you furnished the Statement of Equipment andQuality Control? Yes/No(Annexure – 4, Tender Documents Part-II)

7. Have you furnished the Clause-wise comments onTechnical Specification Yes/No(Para 2.4 of ‘Instructions to Tenderers’ Tender Documents Part-II)

8. Have you furnished the Statement of Deviations Yes/No(Preferably Nil)?(Annexure-7, Tender Documents Part-II)

9. Have you quoted in the prescribed proforma (Annexure-1 or 2) Yes/No

10. Have you included prices of all Standard Accessories in theprice of the machine ? Yes/No(Technical Specifications, Tender Documents Part-III)

11. Have you quoted FOB, C&F and CIF prices separatelyas required? Yes/No