tender notice, form, agreement of rr,keu,iii

Upload: dk6442002

Post on 30-May-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    1/28

    EAST CENTRAL RAILWAY

    1. Tender Notice No. : MP/1/L/RR/KEU/III

    2. Name & Address of the : _______________________________

    Contractor

    _______________________________

    _______________________________

    3 Form sold under M.R. No. : _______________ Dated _________

    Issued by

    4. Name of work : Letting out of maintenance (management)

    contract of Running Room-KEU under Sr.Section

    Engineer (Loco)/E.C.Rly.,Jhajha for three years.

    Date: __________

    Office Supdt. Signature of Tender Clerk

    (Mechnl.Power) (Mechnl.Power)

    Signature of officer with stamp

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    2/28

    Tender Notice

    East Central Railway

    No.MP/1/L/RR/KEU/III

    For and on behalf of the President of India, Sealed Open Tenders are invited from the

    contractors having experience of maintaining running room of railway or similar installation

    in any Government Organization/Government undertaking.

    1. Open Tender No. : MP/1/L/RR/KEU/III

    2. Name of work : Letting out of maintenance(management)

    of Running Room Kiul

    under Sr.Sec. Engineer (Loco),

    E.C.Railway, Jhajha for three years.

    3. Estimated Cost : Rs.3650960/-

    4. Earnest money : Rs.73020/-

    5. Cost of Tender Paper : Rs.3000/- (Rs.three thousand only)

    (Non-refundable)

    6. Date & time of receiving tender documents : (11.00 hrs. to 15.00 hrs.)

    7. Date & time of opening tender : (at 15.30 hrs.)

    8. Place of opening tender : Office of Divisional Mechanical

    Engineer(Power)

    DRMs Building, E.C.Railway,Danapur.

    Date of start of selling tender documents :

    10. Date of closing of selling tender documents : (upto 11.00 hrs.)

    11. Period of contract : Three years from the date of execution ofAgreement.

    The tender documents (non-transferable) embodying terms and conditions will be

    available in the office of Divisional Mechanical Engineer (Power)/East Central

    Railway/Danapur during working hours on any working day from to and

    up to 11.00 hrs. on on production of cash receipt against cost of tender documents,

    issued from Divisional Cashier, East Central Railway, Danapur or from Booking Office of

    any station of East Central Railway, Danapur Division.

    The tender paper will be received from 11.00 hrs. to 15.00 hrs. on through

    sealed tender box kept at the chamber of the Divisional Mechanical Engineer (Power)/East

    Central Railway/Danapur and will be opened at 15.30 hrs. on in presence of all the

    tenderers or their authorized representative who wish to remain present.

    The tenderers are advised to visit the site of the work and acquaint themselves with

    the scope and terms and conditions in their own interest.

    The detailed scope has been described in the Tender Documents. However, details can

    also be collected from the office of Divisional Mechanical Engineer (Power)/East Central

    Railway/Danapur.

    2

    2

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    3/28

    The eligibility criteria is as under :-

    Eligibility criteria

    a) The tenderer should have completed in thelast three financial years (i.e. current year and

    three previous financial year).

    At least one similar single work, for aminimum value of 35% of advertised tender

    value of work.

    b) The tenderer should have received total

    contract amount during the last 03(three)

    financial years and in the current financial

    year.

    Should be a minimum of 150% of advertised

    tender value of work. The proof of the above

    should be submitted by the tenderer in the

    form of attested copy of payment certificate

    issued by Central/State Government

    departments or public sector undertaking of

    Central/State Government.

    OR,

    Audited balance sheet duly certified by

    chartered accountant.

    For more details of eligibility criteria it may be seen at Sl.No.11.0 of Tender Form

    (Second sheet).

    Railway Administration reserves the right to Change/Alter/Cancel the tender without

    any notice.

    If the last selling/opening date is declared as HOLIDAY for any reasons, or theoffice remain closed for any unprecedented reason the selling/opening date of tender will be

    next working day.

    Note:1 This tender notice is also available on internet website www.ecr.indianrail.gov.in &

    www.tenders.gov.in

    Note:2 The tender document can also be downloaded from the above noted website with

    effect from __________. This facility is available free of cost. However, the demand draft for

    Rs.3000/- in favour of FA & CAO/East Central Railway, Hajipur, payable at PATNA

    towards the cost of Tender Documents will have to be enclosed with the tender in addition to

    Earnest Money. In case Tender Documents downloaded from Internet Website and if tender

    is not accompanied with the valid demand draft for the cost of the tender document as

    detailed above or any addition/change done in downloaded tender form, the tender will besummarily rejected.

    Divisional Railway Manager,

    East Central Railway, Danapur.

    3

    3

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    4/28

    fufonk lwpukiwoZ e/; jsy

    fufonk lwpuk la- & ,e-ih@1@,y@jfuax#e@fdmy@III

    fuEufyf[kr dk;Z gsrq eaqgj can [kqyh fufonk muBhdsnkjksa ls Hkkjr ds jk"Vifr ds i{k esa vkeaf=r dh tkrh gSftudks fdlh jsyos jfuax #e ;k ljdkjh vWkjxsukbtsku@ljdkjhvUMjVsfdax ds rgr le#i laLFkkiu (similar installation) eas j[kj[kko(maintenance) ds dk;Z dk vuqHko izkIr gks A

    1-

    [kqyh fufonk la[;k ,e-ih@1@,y@jfuax#e@fdmy@ III

    2-

    dk;Z dk uke Okjh; izkk[kkvfHk;ark@yksdks] >k>k dsvUrxZr jfuax #e&fdmy ds

    j[kj[kko (izca/ku) dks rhu oiZ dsfy, Bsdk ij nsus gsrq fufonkA

    3

    -

    vuqekfur ykxr #-3650960@&

    4-

    vxz/ku jkfk #-73020@&

    5-

    fufonk izi= dk ewY; #-3000@&(rhu gtkj #i;s)

    6-

    fufonk izi= izkIr djus dkfrfFk ,oa le;

    dks 11-00 cts fnu ls 15-00 cts fnu rd

    7-

    fufonk [kqyus dh frfFk dks 15-30 cts fnu esa

    8-

    fufonk [kqyus dk LFkku EakMy jsy izca/kddk;kZy;@nkukiqj esa fLFkreaMy ;kaf=d bathfu;j@kfDr dspSEcj esa

    9-

    fufonk izi= cspus dsizkjEHk djus dh frfFk

    10-

    fufonk izi= cspus ds cUngksus dh frfFk

    dks 11-00 cts fnu rd

    1 fufonk dh vof/k ,djkjukek djus dh frfFk ls rhu

    4

    4

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    5/28

    1-

    oiZ rd

    IwkoZ e/; jsy] nkukiqj ds eaMy dSfk;j vFkok nkukiqj eaMy

    ds fdlh LVsku ds cqfdax dk;kZy; esa fufonk izi= dk ykxr tekdjus ds mijkUr tkjh fd, x, jlhn dks eaMy ;kaf=d bathfu;j@kfDr]iwoZ e/; jsy] nkukiqj ds dk;Zky; esa fnukad ls rd rFkkfnukad dks 11-00 cts fnu rd fdlh dk;Zfnol esa dk;Z vof/k dsnjE;ku tek dj fufonk izi= (uu&V`kalQjsc~y) fu;ekoyh (VEZl ,.Md.Mhku)] bR;kfn dks izkIr fd;k tk ldrk gSA

    fnukad dks 11-00 cts fnu ls 15-00 cts fnu rd fufonk isijdks eaMy ;kaf=d bathfu;j@kfDr] iwoZ e/; jsy] nkukiqj ds pSEcj

    esa j[ks x, khYM fufonk ckWDl ds ek/;e ls izkIr fd;k tk,xk vkSjdks 15-30 cts fnu esa lHkh fufonkdrkZvksa ;k muds }kjkizkf/kd+r izfrfuf/k;ksa ds mifLFkfr esa fufonk [kksyh tk;xhA

    fufonkdkjksa dks ;g lykg nh tkrh gS fd os vius bUVjsLV esauksV&1 esa mYysf[kr csolkbV ij tkdj VsUMj ds Ldksi ,oa VEZl ,oadUMhku ls vius vki dks HkyhHkkWafr ifjfpr dj ysaA

    fufonk dk iw.kZ Ldksi fufonk ls lacaf/kr izi=ksa es of.kZr

    gSA blds vfrfjDr eaMy ;kaf=d bathfu;j kfDr@nkukiqj dsdk;kZy; ls Hkh iw.kZ fooj.k izkIr fd;k tk ldrk gS A

    ik=rk ds eki&naMik=rkd & fufonkdrkZ fiNys rhufoRrh; oiksZa esa iwjk fd;kgks (tks fd pkyw oiZ ,oafiNys rhu foRrh; oiZ dk ghs)A

    de ls de ,d leku ,dy dk;Ztks de ls de foKIr fufonkdk;Z ds ewY; dk 35% gks A

    [k & fufonkdrkZ fiNys rhufoRrh; oiksZa esa dqy Bhdkdk jkfk izkIr fd;k gks (tksfd pkyw oiZ ,oa fiNys rhufoRrh; oiZ dk gks) A

    De ls de foKIr fufonk dk;Zds ewY; dk 150% gksAlsaVzy@LVsVfMikVZesaV ;klsaVzy@LVsV xouZesaV dsifCyd lsDVj vUMjVsfdax }

    kjk mDr isesaV dsizek.k&i= dh vfHkizekf.kr

    5

    5

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    6/28

    izfr fufonkdrkZ }kjk crkSjlcwr tek fd;k tkuk pkfg,A

    vFkokvkSfMVsM cSysal khV tkspkVZMZ ,dkmUVSUV }kjkvfHkizekf.kr gks A

    ik=rk ds eki&naM dh vf/kd tkudkjh gsrq bls fufonkizi= (f}rh; khV) ds dze la- 11-0 ij ns[kk tk ldrk gSA

    fcuk fdlh lwpuk ds fufonk dks ifjoZru@cnyus@jn~n djus dkvf/kdkj jsy izkklu ds ikl lqjf{kr gSA

    ;fn ykLV lsfyax@vksifuax frfFk fdlh dkj.kok NqVVh ?kksfirgks tkrk gS vFkok dk;kZy; fdlh dkj.kok can gks tkrk gS rksfufonk dk lsfyax@vksifuax frfFk nwljs dk;Z fnol dks laiUu gksxkA

    uksV&1 fufonk ls laacaf/kr lwpuk www.ecr.indianrail.gov.in &www.tenders.gov.in

    osclkbV ij Hkh miyC/k gS A

    uksV&2 fufonk dkxtkr fnukad &&&&&&&ls mi;qZDr csolkbV lsMkmuyksM fd;k tk ldrk gSA ;g lqfo/k eqQ~r esa miyC/kgSA ;fn csolkbV ls VsUMj QkWeZ] VsUMj izi=] bR;kfnMkmuyksM fd;k tkrk gS rks vusZLV euh ds vfrfjDr VsUMjizi=ksa ds ewY; ds #i esa 3000/- #i;s dk fMekUM M`kQVHkh layXu djuk gksxk tks ^,Q , ,sUM lh , vks] iwoZ e/; jsy]gkthiqj rFkk iVuk esa Hkqxrku ;ksX;^ gks ugh arks mfprewY; ds fMekUM M~kQ`V ds vHkko esa og fufonk jn~n djfn;k tk;xk

    uksV%& fookn fd fLFkfr vWzxzsth vuqokn ekU; gksxkAeaMy jsy

    izca/kd]iqw-e-js-

    @nkukiqj

    6

    6

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    7/28

    TENDER FORM (Second Sheet)

    Tender Notice No: MP/1/L/RR/KEU/III

    Name of work: Letting out of Maintenance (Management) contract of Running Room KEU under

    Sr. Section Engineer (Loco)/E.C.Rly./Jhajha for three years.

    1.0 Instructions to tenderer (s) and conditions of tender: - The following documents are part of

    Tender/Contract: -

    (a) Tender Notice.

    (b) Tender Form (First Sheet and Second Sheet).

    (c) Schedule of work including scope of work etc.

    (d) Special terms & conditions.

    (e) Agreement paper.

    2.0 Tender containing erasures and/or alteration of the tender documents are liable to be rejected. Any

    corrections made by the Tenderer (s) in his/their entries must be attested by him/them.

    3.0 Earnest money : - The tender must be accompanied by a sum of Rs.73020/--(Rupees seventy three thousand

    twenty) only as earnest money deposited in cash or any forms as mentioned in Regulations for tenders

    and contracts for the guidance of the Engineer and contractors, failing which the tender will not be

    considered.

    (i) The tenderer shall be required to deposit earnest money with the tender for the due performance

    with the stipulation to keep the offer open till such date as specified in the tender, under the

    conditions of tender. The earnest shall be 2% (percent) of the estimated tender value as indicated

    in the Tender Notice (rounded to the nearest Rs.10/-).

    (ii) It shall be understood that the tender documents have been sold/issued to the tenderer

    and the tenderer is permitted to tender in consideration of stipulation on his part, that

    after submitting his tender he will not resile from his offer or modify the terms and

    conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to

    observe or comply with the said stipulation, the aforesaid amount shall be liable to be

    forfeited to the Railway.

    (iii) If his tender is accepted this earnest money mentioned in sub clause 3.0 (i) above will be

    retained as part security for the due and faithful fulfillment of the contract in terms of

    Clause 16 of the General condition of Contract. The earnest money of other tenderers,

    shall save as herein before provided, be returned to them, but the Railway shall not be

    responsible for any loss or depreciation that may happen thereto while in their

    possession, nor be liable to pay interest thereon.

    (iv) The Standing Earnest money Deposit (EMD) will not be entertained for any kind of

    tender.

    (v) The earnest Money should be in cash or in any of the following forms:-

    (a) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either

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

    from the Reserve Bank of India will be necessary.

    (b) Deposit receipts executed by the Scheduled Banks (other than the State Bank of India and

    the Nationalized Banks approved by the Reserve Bank of India for this purpose. The

    Railways will not, however, accept deposit receipt without getting in writing the

    concurrence of the Reserve Bank of India.

    4.0 SECURITY DEPOSIT

    7

    7

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    8/28

    (i) The Earnest Money deposited by the Contractor with his tender will be retained by the Railways

    as part of security for the due and faith full fulfillment of the contract by the contractor. The

    balance to make up the security deposit, the rates for which are given below, may be deposited

    by the Contractor in cash or may be recovered by percentage deduction from the Contractors

    on account bills. Provided also that in case of defaulting contractor the Railway may retain

    any amount due for payment to the Contractor on the pending on account bills so that the

    amounts so retained may not exceed 10% of the total value of the contract.

    (ii) Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of

    recovery/mode of recovery shall be as under: -

    a) Security Deposit for each work should be 5% of the contract value.

    b) The rate of recovery should be at the rate of 10% of the bill amount till the full security

    deposit is recovered.

    c) Security Deposits will be recovered only from the running bills of the contract and no

    other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall

    be accepted towards Security Deposit.

    Security Deposit shall be returned to the contractor after the physical completion of the

    work as certified by the Competent Authority. The competent authority shall normally be the

    authority who is competent to sign the contract. If this competent authority is of the rank lower

    than JA grade, then a JA grade Officer (concerned with the work) should issue the certificate.

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

    that all the contractual obligations have been fulfilled by the contractors and that there is no due

    from the contractor to Railways against the contract concerned. Before releasing the SD, an

    unconditional and unequivocal no claim certificate from the contract for concerned should be

    obtained.

    (iii) No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to

    the Contractor under the Contract, but Government Securities deposited in terms of Sub Clause

    3.0 (v) of this clause will be payable with interest accrued thereon.

    5.0 Performance Guarantee (P.G.)The procedure for obtaining Performance Guarantee is outlined below:-

    a. The successful bidder shall submit a Performance Guarantee (PG) in the form of an

    irrevocable bank guarantee amounting to 5% of the contract value.

    b. A Performance Guarantee shall be submitted by the successful bidder after the letter

    of acceptance has been issued, but before signing of the agreement. The agreement should

    normally be signed within 15 days after the issue of LOA and the Performance Guarantee

    shall also be submitted within this time limit. This guarantee shall be initially valid up to

    the stipulated date of completion plus 60 days beyond that. In case, the time for

    completion of work gets extended time for completion of work plus 60 days.

    c. The Performance Guarantee (PG) shall be released after the physical completion of

    the work based on the Completion Certificate issued by the competent authority statingthat the contractor has completed the work in all respects satisfactorily. The security

    deposit, however, shall be released only after the expiry of the maintenance period and

    after passing the final bill based on No Claim Certificate.

    d. Wherever the contract is rescinded, the security deposit shall be forfeited and the

    Performance Guarantee shall be encashed and the balance work shall be got done

    independently without risk and cost of the failed contractor. The failed contractor shall be

    debarred from participating in the tender for executing the balance work. If the failed

    contractor is a JV or a partnership firm, then every member/partner of such a firm shall be

    debarred from participating in the tender for the balance work either in his/ her individual

    capacity or as a partner of any other JV/partnership firm.

    e. The Engineer shall not make a claim under the Performance Guarantee except for

    amounts to which the President of India is entitled under the contract (notwithstanding

    8

    8

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    9/28

    and /or without prejudice to any other provisions in the contract agreement) in the event

    of:

    i) Failure by the contractor to extend the validity of the Performance Guarantee as

    described herein above, in which event the Engineer may claim the full amount of the

    Performance Guarantee.

    ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the

    agreement, within 30 days of the service of notice to this effect by Engineer.

    iii) The contract being determined or rescinded under provision of the GCC the

    Performance Guarantee shall be forfeited in full and shall be absolutely at the

    disposal of the President of India.

    6.0Arbitration: All disputes and difference of any kind what so ever arising out of or in connection with thecontract, whether during the progress of the contract period or after its completion and whether before

    or after determination of the contract shall be referred by the contractor to the Railway and the same

    shall be dealt under clauses 63 & 64 of General Conditions of contract of Railway Engg. Dept. in so

    far as it relates to the present contract.

    7.0 Rights of the Railway to deal with tender. The authority for the acceptance of the tender will rest with the

    competent Authority of East Central Railway, Danapur. It shall not be obligatory on the said authority

    to accept the lowest tender or any other tender and no tenderer (s) shall demand any explanation for the

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

    consider or reject any particular tender or tenders.

    8.0 The final acceptance of the tender shall rest with the competent authority, East Central Railway, Danapur

    who reserves the right to accept any tender or reject any tender or all tenders without assigning any

    reasons & does not bind himself to accept the lowest tender.

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

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

    at any stage.

    10.0If tenderer expires after the submission of his tender or after the acceptance of his tender, the railway shalldeem such tender cancelled. If a partner of a firm expires after the submission of the tender or after

    acceptance of their tender, the Railway shall deem such tender as cancelled unless firm retains its

    character.

    11.0 (a) Tenderer (s) Credentials: Documents testifying tenderers previous experience in Railway RunningRoom or experience related to the subject work i.e. combined experience of cleaning work, washing of

    linen work and catering work in any government organization /government undertaking.As per AnnexA (Schedule of work) the fixed & variable cost should be treated as fixed & variable respectively

    while offering the rates.

    The eligibility criteria is as under :-

    Eligibility criteria

    a) The tenderer should have completed in the lastthree financial years (i.e. current year and three

    previous financial year).

    At least one similar single work, for a minimumvalue of 35% of advertised tender value of work.

    b) The tenderer should have received total

    contract amount during the last 03(three)

    financial years and in the current financial year.

    Should be a minimum of 150% of advertised

    tender value of work. The proof of the above

    should be submitted by the tenderer in the form

    of attested copy of payment certificate issued by

    Central/State Government departments or public

    sector undertaking of Central/State Government.

    OR,

    Audited balance sheet duly certified by chartered

    accountant.

    9

    9

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    10/28

    12.0 Tender must be enclosed in a sealed cover, superscripted Tender No. MP/1/L/RR/KEU/III with anaddress The Divisional Railway Manager/ E.C. Railway/Danapur and must be dropped in the tender

    box kept at the chamber of the Divisional Mechanical Engineer (Power), East Central Railway,

    Danapur from 11.00 hrs. to 15.00 hrs. on __________. This special box will be opened at 15.30 hrs. on

    _________ in presence of the tender/tenderers or his/their authorized representative(s). The tender form

    may be obtained on working hours on any working day from ________to________ and upto 11.00 hrs.

    on _________ from this office.

    13.0Non compliance with any of the conditions set forth there in above is liable to result in the tender being

    rejected.

    14.0 Execution of Contract Documents : - The successful tenderer (s) shall be required to execute anagreement with the President of India acting through the East Central Railway for carrying out the

    work according to General conditions of contract, Special conditions/ specifications to the tender and

    specifications for work.

    15.0 Partnership deeds, Power of Attorney Etc .: The tenderer shall clearly state whether the tender issubmitted on his own or on behalf of partnership concern. If the tender is submitted on behalf of a

    partnership concern, he should submit the certified copy of partnership deed along with the tender and

    authorization to sign the tender documents on behalf of partnership firm. If these documents are notenclosed along with tender documents, the Railway will not be bound by any power of attorney granted

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

    contract. It may, however, recognize such power of attorney and changes after obtaining proper legal

    advice, the cost of which will be chargeable to the contractor.

    16.0The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through

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

    attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific

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

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

    books, compromise, settle, relinquish any claim(s) preferred by the firm and sign No Claim

    Certificate and refer all or any dispute to arbitration.

    17.0 Employment/ partnership, etc, of Retired Employees: -

    (a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer Working

    before his retirement, whether in the executive or administrative capacity, or whether holding a

    mentionable post or not, in the Mechanical department or any of the railways owned and

    administered by the President of India for the time being, or should a tenderer being partnership

    firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or

    should a tenderer being an incorporated company have retired engineer or retired officer as one

    of its Directors, or should a tenderer have in his employment any retired Engineer or retired

    Gazetted officer as aforesaid, the full information as to the date of retirement of such Engineer

    or Gazetted Officer from the said service and in case where such Engineer or officer had not

    retired from government service at least 2 years prior to the date of submission of the tender as

    to whether permission for taking such contract, or if the contractor be a partnership firm or an

    incorporated company, to become a partner or Director as the case may be, or to take the

    employment under the contractor, has been obtained by the tenderer or the Engineer or Officer,

    as the case may be from the President of India or any officer duly authorized by him in this

    behalf, shall be clearly stated in writing at the time of submitting the tender. Tenders without the

    information above referred to or a statement to the effect that no such retired Engineer or retired

    Gazetted Officer is so associated with the tenderer, as the case may be shall be rejected.

    (b) Should a tenderer or contractor being an individual on the list of approved Contractor have a

    relative (s) or in the case of partnership firm or company of contractors one or more of his

    shareholder(s) or relative(s) of the shareholder(s) employed in gazetted capacity in the

    Mechanical department of the East Central Railway, the authority inviting tenders shall be

    informed of the fact at the time of submission of tender, failing which the tender may be

    disqualified/ rejected or if such fact subsequently comes to light, the contract may be rescinded

    in accordance with the provision in clause 62 of the General Conditions of Contract.

    Clauses of GCC

    10

    10

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    11/28

    18.0 Clause 52: Withholding and lien in respect of sums claimed

    Whenever any claim or claims for payment of a sum of money arises out of under the contract against

    the contract the Railway shall be entitled to withhold and also have lien to retain such sum or sums in

    whole or in part from the security, if any deposited by contractor and for the purpose aforesaid, the

    Railway shall be entitled to withhold the said cash security deposit or the security if any, furnished as

    the case may be and also have a lien in the event of the security being insufficient to cover the claimed

    amount or amounts or if no security has been taken from the contractor the Railway shall be entitled towithhold and have lien to retain to the extent of the such claimed amount or amounts referred to supra

    from and common sums-found payable to the contract or under the same contractor any the contract

    with this or any other Rly. or any other Department of the Central Government pending finalization.

    It is an agreed term of the contract that the sum of money or moneys withheld or retained under the

    lien referred to above by the Rly. will be kept withheld or retained as such by the Rly. till the claim

    arising out of under the contract is governed by the arbitration clause or by the competent court as the

    case may be and that the contractor will have no claim for interest damages whatsoever or an account

    in respect of such withholding or retention under the lien referred to supra and fully modified as such

    to the contractor. For purpose of this clause the contractor is partnership firm. Limited company the

    railway shall be entitled to withhold and also have a lien to retain towards such claimed amount or

    amounts in whole or in part from any sum found payable to any partner limited company as the case

    may be whether in his individual capacity or otherwise.

    19.0 CLAUSE 52 A - Lien in respect of claims in other contract :

    Any sum of money due and payable to the contractor including the security deposit returnable to him

    under the contract may be withhold or retained by way of lien by the railway against and claim of or

    any other railway or any other Department of the Central Government in respect to payment on a sum

    money arising out under any other contract made by the contractor with this or any other Department

    of the Central Government.

    It is an agreed term of the contract that the sum of money so withhold has retained under this cause by

    the Railway will be kept withhold or retained as such by the Railway till the claim arising out or under

    any other contract is either mutually settled or determined by an arbitrator, if it the other contract

    governed by arbitration clause or by the competent court as the case may be and the contractor shall

    have no claim for interest or damages whatsoever on this account or any other ground in respect of any

    sum of money with hold or retained under this clause and duly notified as to the contractor.

    20.0 CLAUSE No.- 51(2) OF GCC, POST PAYMENT AUDIT

    It is an agreed terms of the contract that the Railway Reserves to itself the right to carry on a post

    payment audit and or technical examination of the works and the final bill including all supporting

    vouchers, abstract etc. and to marks a claim on the contractor for refund of any excess amount paid to

    him if as a result of such examination any other payment to him is discovered to have been made in

    respect of any work done or alleged to have been done by him under the contract.

    21.0 CLAUSE NO. 18 OF GCC

    (1) Illegal Gratification: - Any bribe, commission, gift or advantage given, promised or offered by or

    on behalf to the Contractor or his partner, agent or servant or anyone on his behalf, to any officeror employee of the Railway, or to any person on his behalf in relation to obtaining or the execution

    of this or any other contract with the Railway shall, in addition to any criminal liability which he

    may incur, subject the contractor to the rescission of the contract and all other contracts with the

    Railway and to the payment of any loss or damage resulting from such decision and the Railway

    shall be entitled to deduct the amounts so payable from any moneys due to contractor(s) under this

    contract or any other contracts with the Railway.

    (2) The Contractor shall not lend or borrow from or have or enter into any monetary dealings or

    transactions either directly or indirectly with any employee of the Railway and if he shall do so,

    the Railway shall be entitled forthwith to rescind the contract and all other contracts with the

    Railway. Any question or dispute as to the commission or any such offence or compensation

    payable to the Railway under this clause shall be settled by the General Manager of the Railway, in

    such a manner as he shall consider fit and sufficient and his decision shall be final and conclusive.

    11

    11

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    12/28

    In the event of rescission of the contract under this clause, the Contractor will not be paid any

    compensation whatsoever except payments for the work done upto the date of rescission.

    22.0 VARIATION BEYOND + 25% OVER AGREEMENTAL VALUE AND ITS PAYMENT-

    If Railway decides to get the additional quantity i.e. variation beyond + 25% over agreemental value,

    the payment will be done as per rate mentioned below:-

    (a) For the first 15% increase in the value beyond 25% of agreemental value, the rates will be

    reduced by 2% in the incremental value of the agreement.

    (b) For next 10%, increase in the value, rate will be further reduced by 2% (i.e. total 4%) in the

    further incremental value of the agreement.

    (c) For increase beyond + 50% of agreemental value (if any) can be done only in exceptional

    cases after negotiating fresh rates. However, Railway reserves the right to execute additional

    quantity over agreemental quantity in best and most economical manner as may consider fit.

    No claim whatsoever will be entertained in the matter and decision of Railway under 8(a) and

    8(b) will bind to the tenderer.

    23.0 Variation in contract quantities

    (i) Individual NS items in contracts shall be operated with variation of plus or minus 25% and

    payment would be made as per the agreement rate. For this, no finance concurrence would be

    required.

    (ii) In case of increase in quantity of an individual item by more than 25% of the agreement

    quantity is considered as unavoidable, the same shall be got executed by floating a fresh

    tender. If floating a fresh tender is considered not practicable, negotiations may be held with

    the existing contractor for arriving at reasonable rates for additional quantities in excess of

    125% of agreement quantity.

    (iii) The limit for varying quantities for minor value items shall be 100% (as against 25%

    prescribed for other items). A minor value item for this purpose is defined as an item whose

    original agreement value is less than 1% of the total original agreement value.

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

    (v) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR

    schedule as a whole and not on individual SOR items. However, in case of NS items, the limit

    of 25% would apply on the individual items irrespective of the manner of quoting the rate

    (single percentage rate or individual item rate).

    (vi) For the tender accepted at the Zonal Railways level, the variation in the quantities will be

    approved by the authority in whose powers the revised value of the agreement lies.

    (vii) For tenders accepted by General Manager, variations up to 125% of the original agreement

    value (even if the revised agreement value is beyond GMs competence to accept tenders)

    may be accepted by General Manager.

    (viii) For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the

    original agreement value may be accepted by General Manager.

    (ix) The aspect of vitiation of tender with respect to variation in quantities should be checked and

    avoided.

    Full signature of Tenderer(s)

    12

    12

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    13/28

    EAST CENTRAL RAILWAY

    TENDER FORM (FIRST SHEET)

    Tender Notice No. : MP/1/L/RR/KEU/III

    Name of Work : Letting out of Maintenance (Management) contract of Running Room

    - Kiul under Sr. Section Engineer (Loco) / E.C. Rly. ,Danapur for three years.

    To

    The President of India,

    Acting through,

    Sr.Divisional Mechanical Engineer,

    East Central Railway,

    Danapur.

    1. I/We _____________________________________ have read the condition on tender

    attached hereto and agree to abide by such conditions. I/We also agree to abide by this tender for aperiod of 90 (Ninety) days from the date of fixed for opening the same and in default of my/our so

    doing will me/us liable for forfeiture of my/our security deposit/P.G. for the due performance of this

    stipulation to keep the offer open for period of 90 (Ninety) days.

    2. As t he rates quoted in t he attached schedule (Annexure A) I/We hereby bind

    myself/ourselves to complete the work in all respect as per schedule and from the date of execution of

    agreement.

    3. I/We further agree to sign on agreement bond to abide by General conditions of contract and

    the special conditions attached herewith and to carry out all works according to the East Central

    Railway, Mechanical (Power) Department/Danapur.

    4. A sum of Rs. __________ herewith forwarded as earnest money in addition to sum of Rs

    ______________ on security deposit mentioned above. The full value of the earnest money shall stand

    forfeited without prejudice to any other rights of remedies, if

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

    the Railway that such documents ready. AND

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

    5. I/We already made a lump sum Rs. ________________ towards earnest money by receipt no.

    _______________ dt. __________ under agreement no. ______________ dt. __________ and as such

    no further deposit is made and I/we further agree to declare that in case I/We fail to abide by the

    condition of keep open this order for a period of 90 (Ninety) days. I/We shall have no objection to the

    forfeiture of security deposit/P.G. portion of the earnest money amounting to Rs. _____________

    deposit and the said amount realized by the President of India, also from my said lump sum deposit of

    Rs.________________.

    13

    13

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    14/28

    6. I/We have deposited with the Divisional cashier, East Central Railway, Danapur./Chief

    cashier, East Central Railway, Hajipur,the required earnest money amounting to Rs.__________ only

    for which receipt no. ____________ dt. __________ has been granted which is enclosed.

    OR

    I/We enclosed the requisite earnest money in form of ____________ for Rs. _______ only in

    respect of this tender.

    . I/We have no retired Engineer or Gazetted officer of the Mechanical Engineering department

    or any of the Railways and none of my/our relative is working in the Railway at present.

    Signature of Witnesses:

    _____________________

    (1) Signature of Tenderer (s)

    With seal & date

    (2)

    SCOPE OF WORK

    1. Cleaning of Running room : Sweeping, swabbing/washing & cleaning of completeRunning Room, uncovered area, surrounding area, drains, stairs, sheets oflatrine, urinals, wash basins, etc. The details are as under :-

    Sl. No. Place of Work Work to be

    doneFrequency of

    work

    1 Rooms of Running Room. Sweeping. Twice in a day

    2 Uncovered area of RunningRoom (Verandah & Corridor). Sweeping. Twice in a day

    3Washing & swabbing of all those

    area as shown in item 1 anditem- 2 above.

    Washing &Swabbing.

    Twice in a day

    4All stairs (steps) of Running

    Room. Sweeping. Twice in a day

    5Latrine, wash basin & urinals of

    Running Room.Cleaning. Twice in a day

    6* Surrounding area of RunningRoom (Road & Open space).

    Cleaning. Once in a day

    7Garbage collection from

    sweeping vide sl. no. 1, 2, 4 & 6.

    Removing &depositing in

    dustbin.Once in a day

    8 Drains of Running Room. Cleaning. Once in a day

    9 Drains of Running Room. Disposal of slit. Once in a day

    *Note: Road and open space includes all concrete and grass cutting area.

    14

    14

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    15/28

    2. Washing of Linens

    (a) It includes mechanized washing, starching, disinfecting, drying, and ironing of linens.

    (b) Two bed sheets and one pillow cover to be packed in one eco-friendly envelop as mentionedbelow.

    (c) Dry cleaning of woolen/synthetic blankets.

    The details are as under :-

    RUNNING ROOM/KEU

    Sl.No.

    Descriptionof

    Items

    Schedule

    Occupancyper

    day

    No.ofBeds

    No.ofCurtain

    Days/months

    in03years

    Totallinensin

    03years

    Remarks

    1Bed-Sheet

    Daily 74 --- ---109

    5days 162060

    02 bedsheetsto beprovided per

    occupant perday

    2Pillow-Cover

    Daily 74 --- ---109

    5days 81030

    01 pillow-cover to beprovided peroccupant perday

    3Mosquito-Net

    Monthly --- 45 --- 36 months 1620

    01 mosquito-net to beprovided perbed

    4MatressCover

    Monthly --- 45 --- 36 months 1620 --- do --

    5 BlanketTwice

    in a

    year

    --- 45 --- 6 times 54002 blankets tobe provided

    per occupant

    6 Curtain Monthly --- --- 18 36 months 648

    It includescurtain ofboth door &window

    Mechanized washing & disinfecting of linen and dry cleaning of blankets will be done to the

    satisfaction of the Railway Administration.

    The contractor should own a washing plant for mechanized cleaning, starching, & disinfecting.

    The following packaging conditions should be rigidly followed by the contractor:-

    a) Two bed sheets and one pillow cover should be packed in an eco-friendly carry bag of size

    30 x 42.5 cm.

    15

    15

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    16/28

    b) Eco-friendly carry bag will be given to the user/users of Running Room having two bed

    sheets and one pillow cover.

    c) The bag should have the logo of Indian Railway and East Central Railway as shown inthe sample placed at page-16. The following print should be on same side of the carry bag :-

    Font type Font size

    iwoZ i/; jsy Devlys010 72(nkukiqj e.My) Devlys010 48

    jfuax #e&fdmy Devlys010 36[bl iSdsV esa nks csMkhV ,oa ,d rfd;k [kksy gS] Devlys010

    24

    bl iSdsV dks mi;ksx djus ds ckn uIV dj n sa Devlys01016

    NOTE: AVERAGE OCCUPANCY OF RUNNING ROOM KEU IS NOW 74 (Seventy

    Four) WHICH MAY INCREASE/ DECREASE TIME TO TIME.

    3. Running room premises must be kept free from Cockroach, bug, spider, lizards or any other

    intersects.

    4. Preparation of Veg./Non-veg. food separately for the running staff according to their

    requirement, ration to be collected from the running staff and prepared food to be served to the

    running staff in fresh and within one hour thirty minutes (130), for which no remuneration will

    be taken from them.

    However, if the staff does not give their ration then the food will be supplied by the contractor

    as per pre-announced rate which shall be displayed in the notice board with pre-announcement.

    16

    16

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    17/28

    IkwoZ e/; jsy (nkukiqj e.My)

    jfuax #e & fdmy

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    18/28

    [bl iSdsV esa nks csMkhV ,oa ,d rfd;k [kksy gS ]bl iSdsV dks mi;ksx djus ds ckn uIV dj nsa

    18

    18

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    19/28

    5. Service to running staff for preparation of veg./Non veg. food as per their requirement any time

    round the clock and serve the prepared food at the dining hall and after the washing of all the

    utensils with soap.

    6. Cooking work should not hamper for want of LPG. LPG should be made available by the

    contractor in time. For any damages caused by the bad quality of LPG, the contractor will beresponsible and the Railway Administration reserves the right to impose any kind of penalty upon

    the contractor.

    7. Arrangement for daily newspapers (National & Local) in both the language (Hindi & English)

    to be supplied. Periodicals magazine also to be provided as details laid down:

    a) Tthree nos. of newspaper per day:- (i) The Times of India and (ii) Dainik jagran (iii) Hindustan.

    b) Three nos. of Magazines weekly/monthly/fortnightly:- (i)India Today (ii) Sarita (iii) Tapman..

    8.A.No. of Labour to be supplied for various services:

    1. Providing 06 nos. of cook per day (02 nos. cook in 08 hrs./shift,

    i.e. 01 cook for veg. & 01 for non-veg. kitchen in each three shifts) - Skilled.

    2. Providing 06 nos. of Helper cook per day (02 nos. Helper cookin 08 hrs./shift.i.e. 01 Helper cook for veg. and 01 for non-veg. kitchen in each three shifts)

    Semi-skilled.

    3. Providing 02 nos. of safaiwala per day for cleaning, sweepingetc. work as detailed in Sl.No.1 of Scope of Work Un-skilled.

    4. Providing 01 no. of labour per day for gardening Un-skilled.

    5. Providing 03 nos. of Running Room Caretaker (Semi-skilled)

    supervisory i.e. 01 no. in each shift.

    9. The contractor is fully responsible for upkeep op gas stoves.

    10. The supply of uniform should be done by the contractor as detailed in sl.no.5 of special terms &

    conditions. However, two uniforms per staff to be provided for each season so that the staff concerned

    may wear neat & clean dresses when one uniform becomes dirty.

    NOTE: The contractor shall abide by Payment of wages Act and Minimum wages Actand Rules (as amended) with respect to staff employed by him

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    20/28

    B. LIST OF MATERIALS TO BE SUPPLIED:

    1. Contractor should supply the following cleaning/sanitation materials every monthin the Running room/KEU for cleaning of utensils, kitchen, toilets, etc.

    Sl.No.

    Particulars

    Quantityfor RR-

    KEU Unit

    1 Broomstick (coconut) 24 Nos.

    2 Bucket (steel) [15 Ltr.] 1 No.

    3 Mug (plastic) 12 Nos.

    4 Brush coir (plastic) 6 Nos.

    5 Vim 12 Kg.

    6Harpic [500 ml each]

    (10 ml/seat/day) 160 Nos.

    7 Bleaching Powder 12 Kg.

    8 Sulphuric acid 6 Ltr.

    9

    Phenyl (250 ml/day atKEU & 50 ml/day at

    MKA) 90 Ltr.

    10 Finit 6 Ltr.

    11 Naphthalene ball 3 Kg.

    12 Odonil 144 Nos.

    13 Coline 6 Nos.

    14 Khadi duster 24 Nos.

    15 Freshner 6 Nos.

    16 Lav. plastic brush 6 Nos.

    17 Floor wiper (big) 12 Nos.

    18 Floor wiper (small) 12 Nos.

    19 Scotch brite 48 Nos.

    20

    20

    mailto:Harpic@10%20ml/seat/daymailto:Harpic@10%20ml/seat/daymailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Phenyl@%20250%20mi/day%20at%20keu%20%26%2050%20ml/day%20at%20mkamailto:Harpic@10%20ml/seat/daymailto:Harpic@10%20ml/seat/day
  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    21/28

    Annexure-A

    Schedule of work for maintenance (managemen t) of Running Room Kiulunder Sr. Section Engineer (Loco)/ECR/Jhajha

    Sl.No.

    Description of WorkPeriod ofContract

    TotalAmount forthree yearsRs. (In fig.)

    [A]

    Total Amount for three yearsRs. (In words)

    I. FIXED COST FOR THREEYEARs.

    1. Supply oflabour/supervisor/cook/helpercook/safaiwala.

    per day for various activitiesas detailed at item no.1,3,4,5 & 8A of scope ofwork.

    2. Supply of cleaningmaterials asdetailed at itemno. 8B of scopeof work.

    3. Supply ofnewspapers/magazines asdetailed at itemno.7 of scope ofwork.

    4. Upkeep of gasstoves and supplyof uniforms asdetailed in itemno.9 & 10 ofscope of workrespectively.

    03 years

    II. Description of Work

    Approximate average

    nos. ofoccupancyper day

    Period of

    Contract

    Rate per occupancyTotal

    Amountfor three

    yearsRs. (Infig.)[B]

    Rs. (Infigure)

    Rs. (Inwords)

    VARIABLE COST FORTHREE YEARS.

    Mechanize washing/ironing,dry cleaning, starching,disinfecting of thelinens/blanket, packaging ofthe bed sheets & pillowcover and supply of LPG, etc.

    as shown in item no.2 & 6 of"Scope of Work".

    7403 years

    NOTE: Quality & Quantity of the materials will be inspected by Divisional officer of Mechanical (P)

    dept., East Central Railway, Danapur or by his authorized representative.

    21

    21

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    22/28

    Total amount in figure (I + II):

    ______________________________________

    Total amount in words (I +II) :

    ______________________________________

    Signature oftenderer (s)

    (with seal & date)SPECIAL TERMS & CONDITIONS

    1. Work involves collection of ration e.g. un-cooked rice, dal, vegetables, etc.from the occupant of Running room and preparation of veg./Non veg. food & serving food(Meal), sweeping, swabbing/washing & cleaning of complete Running Room,uncovered area, surrounding area, drains, stairs, sheets of latrine, urinals, washbasins, etc., filling water in thermos & cooler, providing cleaning materials andsupply of newspaper & magazine. Mechanize washing, ironing dry cleaning,starching, disinfecting, packaging, etc. of the linens to be provided to the users ofRunning Room, supply of LPG, upkeep of gas stoves & supply of unforms to thestaff/labour concerned. Packaging of two bed sheets and one pillow cover in eco-friendly carry

    bag along with logo (as shown in scope of work) on one side of this carry bag.

    2. In case of failure on the part of the contractor to carry out the work in satisfactory

    manner, the Railway administration may impose penalties as per following schedule:

    i) For finding any default on the part of the contractor on first occasion penalty upto

    Rs.) 2000/- (Rupees two thousand)

    ii) On the second occasion penalty will be up to Rs.4000/- (Rupees four thousand)iii) If there will be any discrepancy in performance, quality of washing, and supply of

    prepared food in time on third and subsequent occasion, the Railway may impose a fine

    of Rs.6000/- (Rupees six thousand) or terminate the contract at discretion.

    3. In case of unsatisfactory performance on the part of contractor including delay of

    serving of prepared food or defective washing, DRM/DNR or any officer nominated by him reserves

    the right to get the job from else where at the risk and cost of the contractor without giving any notice.

    Whether the performance is satisfactory or not, shall depend upon the sole decisions of the Railway

    administration.

    Contractor shall be responsible for any loss or damage of linens, utensils, LPG gas oven, etc.

    Blankets or such materials given to him for use and any of the Railway property and the cost of such

    loss of damage will be recovered from his bill or security money/P.G. Sr. Section Engineer (Loco)

    concerned will maintain a register for such loss or damage of Railway property will be at the rate at

    which these are purchased by the Railway plus 10% of the actual cost.

    4. Authorized official of the Railway at any time without prior notice to inspect the

    quality of the work being carried out. The Railway administration can impose a fine for lapses noticed

    during such inspections on the jobs as per specified above.

    5. A medical certificate of Railway Doctor must be produced by the tenderer (s) in

    favour of workers entrusted for making food, etc. whether they are suffering from chronic disease or

    not. The staff deputed to be remained well dressed and in uniform (cook/cook mate Maroon shirt &

    pant and safaiwala/labour Khaki shirt & pant in summer season and cook/cook mate Dark blue

    jersey & trouser and Safaiwala/labour Khaki jersey & trouser in winter season and the supervisor

    Black pant & white shirt in summer season and Black pant, white shirt & maroon coat in winter

    season).

    6. The staff/labour deployed/entrusted to the work of Running room should not be

    minor/under age (not below than 18 years).

    22

    22

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    23/28

    7. RAILWAY PASS OR CONCESSION : The Railway will grant no Railway pass orconcession tickets/freight for men and materials of the contractors.

    8. COMMENCEMENT OF THE WORK : The successful tenderer shall have to start

    the work within 15 (fifteen) days from the date of issue of letter of Acceptance.

    9. INSPECTION OF PROVISIONAL ACCEPTANCE : The articles/washed linenswhich to be supplied will be inspected by the Sr. Divisional Mechanical Engineer/Divisional

    Mechanical Engineer (P), East Central Railway, Danapur or by his authorized representative at every

    stage of payment of the tender. The Railway Administration reserves the right for acceptance and

    rejection of the work without assigning any reason.

    10. EXECUTION OF WORKS : The work should be carried out through the year asstated previously.

    11. The tender papers are not transferable. No tender papers will be considered unless it

    is accompanied by:

    (i) Documents in proof of deposit of the sum as specified in preamble to the tender towards theEarnest Money deposit.

    (ii) The offer letter duly filled in an signed.

    (iii) The schedule of the work the rates against each item as provided therein duly filled in both

    the words and figures and signed with seal and date.

    12. The tender containing erasures and alternations in the tender document are liable to

    be rejected. Any correction made by tenderer in his application must be attested by him.

    13. The tenderer shall quote his/their rates in figure and words for a period of one year of

    the schedule of work attached with the tender form.

    14. If a tenderer expires after the submission of the tender or after the acceptance of his

    tender, the railway shall deem such tender or contract as cancelled. If a partner of the tenderers firm

    expires after the submission of their tender or after acceptance of their tender the railway should deem

    such tender or contract as cancelled unless the firm retains its original character, Railway

    Administration shall be approached by the firm to this effect submitting fresh details of partnership

    deed etc.

    15. In case the tendering firm is a partnership firm, it shall submit all documents in

    support of partnership and constitution of the firm including registration deed and power of attorney, if

    any, along with the tender. Tenders not accompanied by such documents will not be considered. The

    tender shall be signed by the individual (s) legally authorized to enter into commitment on behalf of all

    the partners of firm.

    16. Each page of the tender documents is to be signed by the tenderer or power of

    attorney holder. In case of tender being submitted by partnership firm, the tender documents must be

    signed by separately by each partner and in absence of any one or more of the partner, by the

    person/persons holding power of attorney from such absent partner/partners authorizing him/them to doso. In any event the names and address of all the partners must be described in writing.

    17. The authority of acceptance of the tender will rest with Railway Administration who

    does not bind itself to accept the lowest tender or any other tender nor does it undertake to assign

    reasons for not considering any particular tender or tenders.

    18. Railway reserves the right not to accept the lowest tender or all tender without

    assigning reason thereof.

    19. The tenderer shall not increase rates in case the Railway Administration holds

    negotiation for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of

    the original offers and the rates originally quoted will be binding on the tenderers. Validity of

    negotiation rates shall also kept open for 90 days.

    20. The successful tenderer on receipt of letter of acceptance from railway and on depositof security deposit as mentioned above shall execute the contract agreement on the specific form. Any

    23

    23

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    24/28

    condition put forth by the tenderer and accepted by Railway Administration shall also from part of the

    contract agreement.

    21. Full amount of earnest money shall be forfeited if the successful tenderer in whose

    favour the acceptance letter is issued does not deposit the security/P.G. amount as mentioned above and

    does not execute the contract agreement as stipulated in letter of acceptance. The successful tenderer

    who does not commence the work within the time stipulated in letter of acceptance issued to him after

    deposit of the security deposit /P.G. shall be forfeited/adjusted towards risk and costs incurred by

    railway for getting the work executed by alternative agency/agencies.

    22. Due to non-compliance with any of the conditions mentioned herein and for not

    taking rectification action as per railway verbal/written instruction and notices in time, the

    administration will be free to terminate the contract within 7 days notice without assigning any reason

    whatsoever and will be free to fix an alternative agency by single or limited tender for the balance

    period and portion of work and the additional costs incurred by the railway on this account will be at

    the risk and cost of the contract of these agreement.

    23. Income tax @ 2% will be deducted from each bill of the contractor along with

    surcharge/education cess as applicable. The railway reserves the right to make any other deduction as

    per statutory provision applicable from time to time.

    24. All documents as mentioned in instructions and notice of tender form of these

    conditions have to be submitted by the tenderers with their offer. Tenders not received with any of the

    documents as asked for will be treated as incomplete tender and are, therefore, liable to be rejected.

    25. The contract will not be sublet or assigned without the prior permission of the

    Divisional Railway Manager/Sr. Divisional Mechanical Engineer/Divisional Mechanical Engineer (P),

    East Central Railway, Danapur.

    26. In the e vent o f any d ispute or d ifference of opinion b etween the Railway

    Administration and the contractor arising out of this agreement, the Railway should reserve

    unconditional and absolute right to terminate the contract during its currency without assigning any

    reason what so ever and the contractor shall not be entitled to any sort of damage on account of any

    alleged loss or for such premature termination.

    27. The contractor must quote any other information relevant with the work in its bid. It

    is clarified to the tenderers that all his commercial terms which are at variance with the Railway and

    which have financial implications should be incorporated in the bid only. Unsuitable commercial

    conditions offered by the tenderer having financial implications would examine by the Tender

    Committee and tender would liable to be rejected on these grounds.

    28. The contractor will submit his bills to the office of Divisional Mechanical Engineer(Power), E.C. Railway, Danapur in triplicate duly countersigned and certified by the S.E. (Loco)

    concerned in the 1st week of the following months as per contract rate.

    29.SUBMISSION OF TENDER : The tender shall be submitted by the tenderer in a

    sealed cover addressed to the Divisional Mechanical Engineer (P), East Central Railway, Danapur

    superscribed on the cover Tender No. and Name of work & Running Room in full and delivered in

    the sealed tender box located in the office of the Divisional Mechanical Engineer (P), East Central

    Railway, Danapur.

    30. OPENING OF THE TENDER : The tender shall be opened in the office of theDivisional Mechanical Engineer (P), East Central Railway, Danapur, in the presence of the tenderers or

    their authorized representative as may be present at the prescribed time and on the date specified in the

    preamble to the tender papers.

    31. EXECUTION OF THE AGREEMENT : The successful tenderer have to sign onagreement for the work tendered by the Administration within 15 (fifteen) days from the date of the

    Acceptance letter and in case of failure his Earnest Money will be forfeited.

    24

    24

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    25/28

    32. RATES TO INCLUSIVE OF ALL TAXES : The rates quoted by the firm shouldinclusive of all taxes; duties, royalty existing or that may be imposed in future.

    33. ALTERNATION IN QUANTUM ORDER: Sr. Divisional MechanicalEngineer/Danapur or his authorized competent authority reserves the right to extend the contract

    beyond one year @ one year at a time for a total of 2 years at same Rate, Terms and Conditions.

    34. Railway Administration reserves the right to Change/Alter/Cancel the tender without

    any notice to the tenderer.

    35. Stay of an authorized user of Running for a period not exceeding twenty four hoursconstitutes one occupancy.

    36. Railway Administration reserves the right to visit Mechanized Washing Plant any

    time.

    37. In the case of strikes of workmen, fire accident or circumstances beyond control of

    the contractor causing stoppage of the work, the contractor shall immediately advise Divisional

    Railway Manager/Sr.Divisional Mechanical Engineer/Divisional Mechanical Engineer (Power)/Asstt.Divisional Mechanical Engineer (Power)/E.C.Railway/Danapur of the same under acknowledge- ment

    from the said officer. The Railway Administration shall have the right during such stoppage to get this

    work done from elsewhere at the risk and cost of the contractor.

    38. The workers would be i ssued p roper identity card by the contractor to b e

    countersigned by a competent office of Railway Administration on his discretion and only such of the

    worker bearing identity card shall be allowed to enter the Railway premises.

    39. The incoming and outgoing register for each occupant should be maintained as per

    proforma given below.

    40. Tenderer must be registered as per provision of section 19 of Bihar Vat Act 2005.

    41. Tenderer should furnish Sales Tax clearance certificate before award of works

    PROFORMA FOR OCCUPANCY REGISTER (RUNNING ROOM -KEU )

    Sl.

    No.

    Name &

    Designation

    Head

    Quarte

    r

    Incoming

    Train

    No.

    Sign

    on

    time

    &

    date

    Signature

    of

    occupant

    Sign

    off

    time

    &

    date

    Signature

    of

    occupant

    Outgoing

    Train

    No.

    Total

    hours

    of

    stay

    Signature

    of

    supervisor/

    crew

    controller

    1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

    Divisional Mechanical Engineer (P), Danapur

    25

    25

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    26/28

    EAST CENTRAL RAILWAY

    AGREEMENT No. MP/1/L/RR/KEU/III Approx. cost Rs.__________

    Allocation No.08-242-32

    MEMORANDUM OF AGREEMENTt made this ________day of __________ in the year twothousand and nine between the President of India acting in the premises through the Divisional Railway

    Manager/Sr.Divisional Mechanical Engineer/Divisional Mechanical Engineer (P)/Asstt. Divisional Mechanical

    Engineer (P) of East Central Railway having its office at Danapur (herein after referred to as the Railway

    Administration) of the one part and

    __________________________________________________________________________________________

    _________________ (herein after referred to as the Contractor) on the other part.

    Whereas the contractor submitted a tender to Railway Administration as per copy of Annexure-A

    hereto and whereas tender has been accepted by Railway Administration tentatively and whereas it was

    understood by and between the Railway Administration and the contractor upon acceptance by the Railway

    Administration of the said tender these presents shall be executed NOW THIS AGREEMENT WITNESS AS

    FOLLOWS:

    1. That the contractor shall perform for the Railway Administration all the works as mentioned in the

    aforesaid tender in the manner as prescribed under and according to the following provisions,

    instructions, terms and condition (all of which shall be read as a part of this agreement if they had been

    reproduced herein fully) viz.

    (a) The provisions, instructions, terms and conditions as contained in the tender documents

    consisting of _____ pages.

    (b) The provisions, instructions, terms and conditions as contained in the Eastern Railway,

    Engineering Department General conditions of contract and standard specification, 2001, edition

    which schedule is based as amended from time to time as issue of corrections slips hereinafter

    referred to as The General Conditions of Contract and Standard Specification a copy of which

    is hereby admitted and acknowledged by the contractor to be in his possession provided always

    that there any of the provisions, instructions, terms and conditions in the General conditions andstandard specifications cannot be reconciled to or is repugment to any of the provisions,

    instructions, terms and conditions in the tender documents and later shall prevail.

    26

    26

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    27/28

    2. That for performance as aforesaid by the contractor the Railway Administration shall pay to the

    contractor at the rates and in the manner as provided for the aforesaid provisions, instructions, terms

    and/or conditions.

    3. The provisions of contract labour (Regulation and Abolition) Act 1970 and contract labour (Regulation

    & abolition) Central Rule 1971 with all its additions, alternations and amendments as may be made

    from time to time shall be fully binding on the contractor and shall become part of this contract thereof.

    The violation of any of the state or provision of the said Act and Rules shall be treated as breach of

    essential and substantial terms and conditions of the contract and with the result of the contract may be

    abrogated forthwith either at the initiative of the Railway Administration (Principal employers) one

    of the parties to the contract or as per order and/or directive of the competent authority under the said

    act and rule with or without any competent authority under the said act and Rule with or without any

    notice whatsoever and that without payment of any damages whatsoever which arise a consequence of

    such and abrogation of the contract. The contractor besides his other liabilities shall also be bound and

    liable to the Railway Administration (Principal employer) being one of the parties to the contract to pay

    and/or compensate for the expenses which the Railway Administration had to incur to fulfill and terms

    and conditions and/or provisions of the said Act and Rules because of failure on the part of the

    Contractor to fulfill these terms and conditions and/or provisions of said Act and Rules and the

    Railway Administration (Principal employer) one of parties to the contract shall be at liberty to deduct

    the amount as maybe ascertained in the manner as provided for in the Act and Rule or otherwise at thediscretion.

    Failure to do so shall constitute a breach of the agreement effected by the acceptance of the

    tender in which case the earnest money deposited in this connection shall be forfeited by the Railway

    as liquidated damages for such default.

    4. That the contractor shall complete the work in all respect within three years from the date of execution.(time being the essence of the contract). The agreement will remain valid for the period from ________

    to ___________ .

    5. Security Deposit

    ___________________________________________________________________________

    ___________________________________________________________________________________

    _________________________________________________________________________submitted

    as earnest money will be kept as SD and remaining amount of Rs. _________ will be deducted from

    the on account bill of the contractor.

    6. Performance Guarantee -_______________________________________________________________

    __________________________________________________________________________________________

    __________________________________________________________________________________________

    In witness whereof the parties hereto have whereunto set and subscribed their respective hands and/or

    sealed the day and year respectively mentioned against the respective signature.

    Signed and delivered for and Contractors Signature

    on behalf of the contractor__________________________

    Dated:

    Within named by in presence of

    1.

    27

    27

  • 8/14/2019 Tender Notice, Form, Agreement of RR,KEU,III

    28/28

    2.

    Signed for and on behalf of the President

    of India by--------------------------------------------------------------

    Divisional Mechanical Engineer(P)

    East Central Railway, Danapur

    28