- 1 - Central Railway / Indian Railways Portal · 2018-05-01 · - 1 - ( Signature of the Tendering...

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( Signature of the Tendering Party //0r// its

duly authorized representative )

CENTRAL RAILWAY

3PL PROVIDER FOR CENTRAL RAILWAY MATERIALS

Controller of Stores, Central Railway, New Administrative Building 1stfloor, D. N. Road CST Mumbai – 400 001, for and on behalf of the President of India, invites offers in sealed cover from reputed 3PL Service Providers for web based integrated logistic provider for central railway material of materials management department to following details:-

Scope of work Web based integrated 3rd party logistic support & service provider for material of materials management department central railway, including transportation of Railway material from anywhere to anywhere on locations of

Indian Railways.

Estimated Qty. to be transported

2,05,00,000 MT Kms.

Estimated Cost Rs.6,15,00,000 approx.

Execution Period Two years from the date of issue of contract.

EMD Rs 5,00,000/- .

Minimum eligibility criteria

1] Total contract amount received during the

last three financial years and in the current

financial year should be a minimum of 150 %

of advertised value of work.

2] The tenderer should have physically

completed in the last three financial years (

i.e. current year and three previous financial

years) atleast one similar single work for a

minimum value of 35% of advertised tender

value.

3) Service provider should be registered

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member of IBA or Bank approved transporter.

Similar work : - defined as software based logistic/3PL provider which includes specialization in the field of integrated operation, warehousing & transportation services with web based interface. The portal should have data of five years of all customers including internal trading .

Validity offer required

120 days from date of opening of tender.

Tender Selling office

The Controller of Stores, Central Railway, New

Administrative Building 1st floor, D. N. Road,

CST Mumbai- 400 001

Tender Sale up to 11.00 hrs. on 08.08.2011

Tender Closing Time for EOI

11.30 hrs. on 09.08.2011

Tender opening for EOI

11.45 hrs. on 09.08.2011

Date of Pre-bid meeting

17.08.2011 at 11.30 Hrs.

Cost of Tender Rs. 2000/-

Note : 1] Other Terms & Condition as contained in :

a) Instruction for tendering parties, interested to quote against the web based integrated 3rd party logistic provider of Railway material, and

b) Special Condition governing the above. 2] Tender documents are also available on website in PDF

format at www.cr.indianrailways.gov.in. The tendering parties who prefer to download and submit tender will have to furnish two separate DD’s ( one towards EMD – refundable and another for the cost of Tender documents – non refundable).

RIGHTS ARE RESERVED TO REJECT ANY OR ALL TENDERS WITHOUT ANY RESON THEREOF.

For Controller of Stores

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INSTRUCTIONS TO TENDERERS INTERESTED TO QUOTE AGAINST THE web based integrated 3rd party logistic provider FOR CENTRAL RAILWAY

MATERIALS. 1.0 Scope, Nature and Estimate of work:

1.1 Includes providing and maintaining web based interface where authorized indenter can place their indent for transportation of material from one destination to another through common portal which is also integrated with central railway materials management MMIS, material transportation will be from a) Depot to depot on Central Railway & to RWF Bangalore(axle

wheel & bogie items) ; b) depots/divisions of C.Rly. to end users on C.Rly.; c) from various locations on Indian railway to various depots of central railway, including in transit trekking of consignment; d) and imported consignment (such as sophisticated machines, wheels & axles, Rails, steel sheets, cable drums, medical equipment, ODC’s, etc) arriving at Mumbai Port/JNPT/CFS Mulund/Mumbai Air-port/DyCMM-CRD/AMM-HBHR/DyCMM-Parel etc (Mumbai location only) to various locations on Indian Railway. Note:-Service provider to incorporate such security features that only authorized person can indent and transfer of title (when material is collected from consignor and delivered to consignee) is clear and unambiguous (such as use of random numbered scratch card matching etc). e) Web portal will show the freight charges between the two

locations. 1.2 The Railway materials required to be transported may be general in

nature (like petroleum products, paints, stationary uniforms, sanitary-items etc.) or railway maintenance items (like spare parts of Diesel/DC-AC/Electric locos, coaches, springs etc) or, such imported items have been brought out at para 1.1 above..

1.3 Loading of the consignment in the truck at the consigner’s end and unloading at the consignee’s end shall normally be by Railways, while the insurance has to be arranged by service provider. However in case of imported items insurance cover will be that of Railways but loading and unloading has to be done by service provider.

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1.4 A rough estimate of the qty. (this is only an approximation & does not bind Railway in any way) to be transported during a period of two year will be as follows: i) Internal movement of normal Railway material= 9000MT*2 ii) Stationary/sanitary/uniform items= 1000MT*2 iii) Imported items=18000MT*2 Note:-Average lead of transportation in case of within central railway may vary from one Km. to 500 Kms. (Average=250 Kms.) and for imported material it is be approximated to 1000 Kms. 1.5 The rates shall be strictly offered in ________Rs. per Metric tonne per Km. The minimum chargeable weight can also be mentioned. Railway is free to operate the transport contract for locations, other than specified. 1.6 The projections are only approximate and are for giving, an idea of

the quantum of work and may practically vary. Railway can place order for projected quantity or may not, as felt appropriate by concerned authorities.

1.7 Permissible transit time: 1.7.1 The distance wise maximum transit time allowed (excluding pickup and delivery day) to effect, the deliveries shall be as follows: -

Distance Time allowed in days

Up to 75 Km 01 day

75-300 2

300-500 3

500-750 4

750-1000 5

1000-1250 6

1250-1500 7

1500-1750 8

1750-2000 9

2000-2250 10

2250-2500 11

2750-3000 12

3000-3250 13

3250-3500 14

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1.7.2 The transit time shall be calculated from the day when indent is

placed on common portal until 10.30 AM. Over and above, this period, one day consolidation time is also allowed.

1.7.3 The Railways shall be at liberty to impose a penalty of 1 % of freight

value per day (one unit is minimum chargeable rate or its part) for delays without sufficient cause, beyond the permissible transit time laid down in above. The decision of Dy. CMM/EPS in this respect shall be final and binding on the contractor.

1.8 Requirement of vehicles : 1.8.1 Since consolidation is to be done by service provider size of vehicle

should be as deem necessary by him without violating any rules. 1.8.2. In case of materials which are bulky or voluminous in nature, the

vehicle may get loaded with less than the carrying capacity but payment will be as per indent placed.

1.8.4 The records maintained at the consignor depot with regard to the

chargeable weight for payment shall be taken as final and conclusive in the matter.

1.9 Indenting of vehicles and detention charges: 1.9.1 Indent for vehicle of the required capacity shall be made by the

gazetted/designated officer of consignor through common portal provided by 3PL provider.

1.9.3 One day shall imply one working day. 1.9.4 Normally the vehicles shall not be desired for Sundays or holidays.

However, in extraordinary circumstances, Railway reserves the discretionary right to, indent the vehicles on Sundays or holidays also and the transporter shall provide no alibi (vague reasons) for non-provisioning of the vehicles.

1.9.5 In case of imported material, Rs 500 /- only for truck (upto 9 MT) &

Rs. 1000/- only for trailer, is payable as detention charges, in case if

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the trucks/trailers are detained for more than 24 Hrs. at loading/unloading point. If the trucks/trailers are detained due to failure of transporter, no detention charges will be paid. If the vehicle reaches destination on Sunday/holiday same shall be placed in the depot for unloading on the next working day. Detention charges on this account is not payable.

1.9.6 The vehicle shall report to the consignee for unloading on working

days by 13.00 hrs. In case the vehicle reaches the consignee on a day, which happens to be a holiday, the following, first working day thereafter shall be treated as day of reporting. In case, the vehicle reports at consignee’s end after 13.00 hrs., the next working day shall be treated as the reporting day.

1.9.7 If the vehicle reports to the consignee by 13.00 hrs. of a working day

and unloading is not completed by the consignee by that day, detention charges shall be paid to the transporter and the same shall be limited to Rs 500/- per vehicle per day. A detention memo, indicating the no. of days the vehicle was detained, shall be issued to the transporter by the nominated supervisor of the consignee.

1.10 Validity of offer :

Firms submitting their offers against the tender shall keep the same valid for a period of 120 days from the due date of opening of the tender.

1.11 Earnest Money Deposit (EMD) : 1.11.1 Firms submitting their offers against the tenders shall have to

pay EMD along with their offer. 1.11.2 EMD may be paid either by way of : a) Cash, in which case Original Money/Cash Receipt issued by The Chief

Cashier, Central Railway, CST Mumbai shall have to be enclosed with the offer; or

b) Demand Draft/ Deposit receipts / Pay Order in favour of The Chief Cashier, Central Railway, CST Mumbai. 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.

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c) Deposit receipts executed by the Scheduled Bank ( other than the State Bank of India & the Nationalised Banks ) approved by the Reserve Bank of India for this purpose. The Railway will not accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India.

1.11.3 Offers not accompanied by EMD shall be summararily rejected. 1.11.4 EMD of the transporter shall be forfeited if the offer is withdrawn

within the validity period of the offer. 1.11.5

(a) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and faithful

fulfillment of the contract. This amount of Security Deposit shall be forfeited if the tenderer(s) / contractor(s) fail to execute the Agreement Bond within 15 days after receipt of notice issued by Railway that such documents are ready or to commence the work within 15 days after receipt of the orders to that effect.

(d) The Earnest Money of the unsuccessful tenderer(s) will, save as here-

in-before provided, be returned to the unsuccessful tenderer(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the Earnest Money while in their possession nor be liable to pay interest thereon.

1.12 Eligibility Criteria :

1.12.1 Minimum Technical Eligibility Criteria : 1.12.1.1 The tenderer must have received a total contract amount

received during the last three years & in the current financial year, atleast minimum of 150% of the advertised tender value during the last three financial years and in the current financial year

1.12.1.2 The tenderer should have physically completed in the

last three financial years ( i.e. current year and three previous

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financial years) atleast one similar single work for a minimum

value of 35% of advertised tender value. Service provider should

be registered member of IBA or Bank approved transporter.

1.12.1.3 Similar work : - defined as software based logistic/3PL provider

which includes specialization in the field of integrated operation, warehousing & transportation services with web based interface. The portal should have data of five years of all customers including internal trading .

1.12.1.4 Service provider should have all India network and holding of

minimum 20 trucks.

1.13 Relevant Rules and Regulations of concerned State Road Transport

Authorities shall be complied with by the Transporter.

1.14. The applicants should furnish the following information/documents

along with their application.

i) Complete address, Phone, Fax, E-Mail of applicant’s Mumbai office.

ii) Name, place and Phone number of branches of the

applicant’s all over India. iii) Auto Tempo / Trucks owned by the applicant alongwith

their make and registration number and copy of the national permits.

iv) Name of the regular client alongwith copy of their contract.

v) Name of Govt. Semi Govt./Public undertaking for which the applicant has handled transport during last 3 years.

vi) Performance Certificate, if any. 1.15 The Auto /Tempo/ trucks shall be duly equipped with all necessary

arrangements for safe transportation of Railway Material of

whatsoever kind and description. The trucks shall be in sound

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condition and shall be duly registered with Transport Authorities with

permit for all the states covered for reaching the destination and shall

have necessary documents such as Pollution under Control, Vehicle

Insurance etc. and should also comply with any other legal

compliance required in Mumbai or transit and destination

City/States.

1.15A The vehicle should possess adequate precautions & protection,

against fire, theft, absurd weather conditions & natural calamities

1.16 The driver provided with the Auto tempo / truck must possess the

requisite valid Driving License and should not be legally barred from

driving. He shall be in possession of all the required documents of

Auto tempo / truck en-route. The Auto tempo / truck and the driver

shall be free from any legal encumbrances. Violation of any traffic

rules and consequences thereof shall be the responsibility of the

transporter alone. The transporter shall have fortuitous liability for all

acts of the driver or any other staff committed in the course of

employment. The transporter shall ensure that the driver and his

other staff are not in an inebriated state at any time while performing

duties under this contract. In all such cases the Railways shall be at

liberty to consider the vehicle as non-supplied and levy penalties for

non-supply accordingly.

Note: 1) The quantity projected are purely tentative/approximate and are for

the purpose of ascertaining the value of the transport contract. The actual load may practically vary to any extent. The workload figures are only for guidance and can change.

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2] Prospective Firms to quote rate in Rs. Per MT per Km. in the

prescribed Proforma at the end of the schedule ( Annexure ‘B’ ) failure to do so will result in the tender being passed over.

3) Rates in Rs. Per MT per km. have to be quoted on door to door

delivery basis incl. of all taxes/duties/cess/fees fuel charges/handling charges/vehicle insurance/transit risk insurance etc. as applicable. No separate charges, on any account, shall be payable. Service Tax, if applicable, should be quoted separately and shall be reimbursed on production of documentary evidence.

5) The rates quoted shall be as per PVC brought out below during the

currency of the contract (which shall be for 2 years from the date of the contract), alongwith PVC for fuel as brought out below.

6) The vehicle shall be free for use for the transporter after unloading at

the destination. 7) The contractor shall provide, all necessary, ropes jigs & fixtures etc.

for safe carriage of goods. 8) Packing condition shall not form, the plea towards damaged

consignments. In case of damaged consignment / part consignment delivery a joint inspection note of consignee & contractor , will be required, jointly assessing the damage/shortage, as the case may be, ( Identical to railways part delivery note issued by parcel offices.) & such transport bills will be kept in abeyance until settlement of claim.

a. The contractor shall indemnify, railways, towards claim of any sum, or part there of arising out of & during the execution of this contract on any account, whatsoever.

9) The rate/s should be quoted in figures as well as in words neatly in the schedule of rates only without,

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giving any counter terms and conditions. If there is variation between the rates quoted in figures and in words, the rate quoted in words' shall be taken as correct. If more than one or improper rates are tendered for the same item, the tender is liable to be rejected. if the tenderer(s) quote/s multiple rates, the offer will be treated as incomplete and shall be summarily rejected.

10) Price variation clause :-

Following Price variation clause shall apply

Tp = Tpo ( 0.70 + 0. 30 In./Inc.)

Tp = Actual transportation price payable

Tpo = Original Transportation price indicated in the Contract.

In = Economic Advisor of Ministry of Industries wholesale price

index for High Speed Diesel Oil Prevailing on the date of

execution of the contract item.

Ino = Economic Adviser of Ministry of Industries wholesale price

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index for high Speed Diesel Oil = 451.1 as prevailing on date

20.02.2009

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

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

(Name, address & telephone/ fax nos/Mobile no. of the firm )

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SPECIAL CONDITIONS GOVERNING THE CENTRALISED

TRANSPORT CONTRACT FOR RAILWAY MATERIALS

1.0 The Special Conditions governing the centralized transport

contract for Railway materials will be in addition to the General

Conditions of Contract (GCC). However, where the Special

Conditions contradict the GCC, the former shall prevail.

2.0 Any specification or condition mentioned by the transport

tenderer in their offer shall be deemed to be part of the

transport contract only to such extent as has been accepted

explicitly by the Railways and incorporated in the transport

contract.

3.0 The centralized transport contract will be operated by

Dy.CMM/EPS on behalf of Material Management Department of

Central Railway

4.0 Security Deposit ( SD ) & Performance Guarantee (PG) :

4.1 Security Deposit ( SD )

4.1.1 Successful transporter on whom the transport contract is

proposed to be placed shall have to submit SD equivalent to 5% of

the transport contract value within 15 days from the date of

placement of Advance Letter of Acceptance. This SD should be valid

for 60 days beyond the currency of contract.

4.1.2 Security deposit will be returned to the transporter after the

physical completion of the works as certified by the Competent

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Authority. The Competent Authority shall normally be the

authority who is competent to sign the contract.

4.1.3 No interest will be payable upon the Earnest Money & Security

Deposit or amounts payable to the transporter under the contract

4.2 The Transporter will have to submit the performance Guarantee.

4.3 Successful transporter on whom the transport contract is

proposed to be placed shall have to submit PG ( for due and proper

performance of the transport contract) equivalent to 5% of the

value of the transport contract .

A] The successful tenderer will give a performance guarantee in the

form of an irrevocable Bank Guarantee amounting to 5 % of the

contract value .

B] The Performance Guarantee will be furnished by the successful

contractor after the letter of acceptance has been issued, but before

signing of the agreement and should be valid upto 60 days beyond

the expiry of the contract period.

|C] Performance Guarantee will be released after satisfactory

completion of the work and contract period + 3 Months is over.

D] Wherever the contracts are rescinded, the security deposit will be

forfeited and the performance guarantee will be encashed and the

balance work will be got done separately.

E] The balance work will be got done independently without risk and

cost of the original contractor.

F] The original contractor will be debarred from participating in the

tender for executing the balance work. If the failed contractor is a

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JV or a partnership firm, then every member / partner of such a

firm would be debarred from participating in the tender for the

balance work either in his / her individual capacity or as a partner

of any other JV / partnership firm.

G] Guarantee Bond , when submitted towards PG, should be valid

for the duration of the transport contract plus three months.

4.4 Payment of SD/PG is mandatory. Failure on part of the successful contractor on whom the Advance Letter of Acceptance is placed within the specified period will lead to confiscation of EMD and banning from participating in such future transport contract for a period of five years. 4.5 SD/PG is liable to be forfeited for any default arising during the performance of the contract. 4.6 SD/PG will be refunded after successful execution of the transport contract based on the completion report issued by Dy.CMM(G) Currey Road and no claim certificate submitted by the transport on whom the transport contract is placed. 5.0 Transit Risk 5.1 Safe and sound delivery of the Railway material, of whatsoever

kind and description, after being loaded in the vehicle and

leaving the depot premises is the responsibility of the transporter.

5.2 Since transit risk is solely to the account of the transporter,

he shall take necessary precaution for ensuring ;

a) safe transit ; and

b) sound and complete delivery of the Railway material handed

over for transportation by the consignor depot to the

consignee

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5.3 Transit, as aforesaid, shall cover the time from start of

loading of Railway material in the vehicle at the consignor’s end till

the unloading of the Railway material at the consignee’s end.

5.4 A list of Railway items loaded in the vehicle (made available by

the transporter) shall be prepared, in triplicate, by the consignor

depot. The list, prepared in triplicate, will indicate the brief

description of the Railway items loaded in the vehicle with their

quantities (in weight or nos or volume as the case may be)

5.5 The disposal of the list of the Railway items, prepared in

triplicate, and as mentioned in para 5.4 above shall be as

follows:-

a) one copy to be retained by the consignor depot as record

copy after having obtained clear acknowledgement of the driver

of the vehicle and other representative of the transporter, if any;

b) two copies, duly endorsed by the officer of the consignor depot

under the stamp/seal of the consignor depot, to be handed over

to the driver of the vehicle.

5.6 On reaching the consignee’s end, the driver of the vehicle

shall submit the list of Railway items (handed over to him in

duplicate by the consignor depot) to the consignee. The consignee

after satisfying himself that the Railway items have been received

in safe and sound condition (as per the list of Railway items

prepared by the consignor depot) shall hand over one copy back to

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the driver of the vehicle under clear acknowledgement (i.e

signature and stamp/seal of the consignee). The third copy shall

be retained by the consignee as his record copy.

5.7 The transporter shall be solely responsible for any discrepancies

found at the consignee’s end in respect of the consignments. He

shall also be responsible for ensuring that the Railway material is

transported in the same packing condition in which it was loaded in

the truck by the consignor depot.

5.8 The transporter alone shall be responsible for any and all

shortages/damages from the time the loading of the material is

started till the time the material is handed over to the consignee in

safe and sound condition in full quantity. The shortages/damages of

quantity in numbers or weight or in any other unit shall be the basis

for assessing the loss in transit.

5.9 Further in case where the part consignment is damaged, the Railway administration shall have the right to reject the entire consignment and recover the entire cost of the consignment from the transporter. 5.9.1 The transporter alone shall be responsible for any or all the

losses of material or property of Railways or any third party

5.10 Resulting from / during transportation or any other activity

undertaken by the transporter in execution of the contract for

whatsoever reason. The above clause includes loss due to

theft/accidents or any other reasons whatsoever during transit. In

case of thefts , the transporter through his representative (i.e.

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driver etc.) shall ensure lodging of a theft report via a FIR at the

nearest Police station and make a copy of the same available to

Dy.CMM(G) Currey Road for monitoring the further progress.

5.11 In case the Railway material is not handed over to the

consignee in a safe and sound condition in which it was handed over

for transporter by the consignor, the loss will be ascertained by the

Railways for recovery. The book rate or the last purchase rates,

whichever is higher plus 15 percent taken as, incidental expenses

incurred by the railway, for determining the extant of loss/damage

of the railway material and ascertaining its loss. The Railway

records, in this respect, shall be treated as conclusive and shall be

final. The loss calculated by the Railways based on the above rates

shall be binding on the transporter and Railways shall have every

right to recover the same from the transporter.

5.12 The transporter or his driver shall re-submit the copy of list

of Railway items handed over to him by the consignor (under his

clear acknowledgement) to the consignee depot, who shall forward

the same to a designated officer. This shall form the basis for

ascertaining the quantity of Railway items successfully transported

by the transporter and passing his bill for payment. Failure to

submit so, shall be deemed that Railway materials have not been

delivered successfully in safe and sound conditions and shall

make the transporter liable for payment of penalties as specified

in subsequent paras.

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5.13 The Railway administration shall be at liberty to recover the

loss sustained by it and also to recover the penalty amount by any

or all the means given below in addition to other legal remedies:

(i) en-cashing SD/PG; and/or

(ii) holding the bills for payment received from transporter

against this or any other contract ; and/or

(iii) to recover from any outstanding payables to transporter

from the Government of India.

The authority for recovery shall be without prejudice to all other

legal remedies available to the Railways.

6.0 Mode and Manner of payment of Bills:

6.1 The tare weight of the vehicle provided to the consignor depot

shall be taken on the road weigh bridge of the depot (or Govt

approved road weigh bridge if the same is not available in the

depot) in the presence of the driver and the Rly. representative

nominated by the Officer of the consignor depot. The same shall

be entered in a Lorry Booking Register (as per format given in the

Annexure) maintained by the consignor depot for the purpose and

the tare weight so recorded in the register shall be signed by the

driver and the Rly. representative nominated by the Officer of the

consignor depot.

6.2 After completion of loading, the gross weight of the truck shall

be taken on the same road weigh bridge of the depot (or Govt

approved road weigh bridge if the same is not available in the

depot) in the presence of the driver and the Rly. representative

nominated by the Officer of the consignor depot. The same shall

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be again entered in a register maintained by the consignor depot

for the purpose and the gross weight so recorded in the register

shall be again signed by the driver and the Rly. representative

nominated by the Officer of the consignor depot.

6.3 The weight applicable for payment shall be calculated as per

clauses 6.4 and 6.5 enumerated below:-

6.4 Normally, the qty. to be transported at any time shall be

equivalent to the rated carrying capacity of the vehicle. However,

in case of Rly. materials which are bulky or voluminous, the

vehicle may get loaded less than its rated carrying capacity.

In such cases, the transporter shall be eligible for payment based

on the rated carrying capacity of the vehicle, after a certificate to

the effect is issued by an officer of the consignor depot. In case

the transporter makes available a vehicle of higher carrying

capacity than requisitioned, payment will be made based on the

rated carrying capacity of the vehicle requisitioned.

6.5 Occasionally, situations may arise that the loaded material in

the vehicle may not get unloaded fully at one consignee’s end and

part qty. may have to be diverted to another consignee. Such

circumstances would be rare and such trips would be personally

authorized by Dy.CMM(G) Currey Road. Additional MT-Km would

be paid for any extra distance carried under these circumstances

mutadis-mutandis.

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6.6 The transporter shall submit the bill for MT-Km transportation done during the month, in triplicate, on or before 7th of the subsequent month, to the nominated officer (SMM/SM/CSTM) and he will pass the bill for payment to FA&CAO(S) after verifying : a) that the Railway material handed over to the transporter for delivery has been delivered to the consignee in safe and sound condition, as per the list of Railway items submitted by the transporter with the clear acknowledgement of the consignee (under his signature and stamp/seal); and b) Distance traversed by the vehicle from the consignor depot to the consignee. The driver & railway staff nominated (consignor & consignee both) shall endorse, the mil-o-meter reading, on placement of lorry for loading/unloading. 7.0 Railway may require the vehicle ( provided by the transporter) be accompanied by the Railway staff and in which case accommodation shall be provided to them in the vehicle free of cost & shall not form the part of consignment. 8.0 Responsibility for safety of the vehicle provided by the transporter, persons of the transporter accompanying the vehicle and machinery etc. shall be of the transporter alone. 9.0 Prudent and safe methods of transportation shall alone be adopted for ensuring safety of structures, materials, property and labour. 10.0 The plea of custom prevailing shall not on any account be

permitted as an excuse for infringement of any of the conditions

of the transport contract.

11.0 The transporter shall comply with the provisions of the

Contract Labour ( Regulation and Abolition) Act 1970 and the

Contract Labour ( Regulation and Abolition) Central Rules, 1971

as amended from time to time. The transporter shall also

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indemnify the Railways from and against any claim under the

aforesaid Act and Rules.

12.0 The transporter shall be fully responsible for the

observance of the Motor Vehicles Act. Any penalty paid on

account of violation of the act shall be borne by the transporter

alone.

13.0 The transporter shall pay to the Municipality, Police and

other Statutory Authorities necessary charges as may be required

by Law. The transporter shall :

a) obtain all necessary licenses, permissions required by Law for

the activity or related to the activity; and

b) pay all fees, taxes and charges as may be required on account

of his own operation in executing the contract

14.0 Railway materials are generally exempted from Octroi Duty

and OEC, if required, shall be issued by the Railways. However,

on no account shall re-imbursement be made of the Octroi paid.

15.0 Any notice to be served on the transport tenderer/

contractor shall deemed to be sufficiently served, if delivered

at or sent by Registered post to the transport tenderer/ contractor

at his registered office or last known place of business. Or pasted

at his portal.

16.0 The terms and conditions laid down in

a) General Conditions of Contract (GCC) ;

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b) Instructions to Tenderers interested to quote against the

Centralised Transportation contract Tender for transport of

Railway materials; and

c) Special Conditions governing Centralised Transportation

Contract for Railway materials

are without prejudice to the Rules and Regulations prevalent or

issued by the Railways from time to time.

17.0 The transport contract shall in, no way, nullify/reduce

/mitigate or absolve the transport contractor of any

responsibility, obligation or liability that may be devolved upon

him under the Carriers’ Act, 1865 as amended from time to time.

18.0 The transport contractor shall not be allowed to pass the responsibilities connected with the transportation of Railway materials to any other agency or transporter. However, the hiring of the vehicles and services from another agency /transporter shall be permitted but the onus of safe, sound and timely transportation of the Railway materials shall be of the transport contractor 19.0 The transporter for his own benefit shall make all arrangements necessary for protecting the consignment from theft or rains. He shall arrange at his own cost packing and lashing necessary. 20.0 The transporter shall maintain close liaison with the Dy.CMM(G) Currey Road to take instructions, guidance and orders.

21.0 Arbitration :

21.1 In the event of any dispute or difference arising in connection

with the contract, except for such matters the decision of which is

specially provided in the :

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a) Instructions to Tenderers interested to quote against the

Centralised Transportation contract Tender for transport of Railway

materials; and

b) Special Conditions governing Centralised Transportation

Contract for Railway materials

the same shall be referred to the adjudication of a sole Arbitrator who shall be a Gazetted Railway Officer appointed by the General Manager, Central Railway. 21.2 The award of the arbitrator shall be final and binding on both the parties. 21.3 In the event of arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reasons or his award being set aside by the Court by any reason, it shall be lawful for the General Manager, Central Railway to appoint another Arbitrator in place of the outgoing arbitrator in the manner aforesaid. 21.4 The venue of the Arbitration shall be decided by the Arbitrator. 21.5 Subject as aforesaid, the Arbitration & Conciliation Act, 1996 and the rules there-under any and statutory condition thereof shall apply to the Arbitration proceeding in this clause. 22.0 If the transporter fails or neglects or refuses to observe/perform any of the terms and conditions/obligations of/or under the contract , Railways may without prejudice to any other rights, terminate the contract by giving one month notice in writing and also recover from the transporter damages suffered on account of such failure or refusal or neglect. However the quantum of such damages shall be limited to 10% of the value of the unfulfilled contract. 23.0 The total quantum of penalties imposed for delays and

detentions shall be limited to 10% of the contract value.

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24.0 Clause 22 and 23 do not in anyway fix or set the limits for the

recovery for loss and/or damages of material which shall be

recovered in full in addition to losses defined in clause 22 and 23.

25.0 The Railway Administration shall be at liberty at any time (without assigning any reason) to suspend temporarily or terminate permanently this contract on giving 7 days notice in writing to the contractor. The transporter shall not be entitled for any compensation for such suspension or termination of contract. 26.0 The Railway Administration shall be at liberty at any time without assigning any reason, whatsoever, to enter into parallel Transport Contract/Contracts with other contractor/contractors. 27.0 The transport contract shall be valid for Two year from the date of its issue and can be extended further for a period of Two year with the mutual consent of the Railway Administration and the Contractor.

**********

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28.0 Indemnity Bond: 28.1 Successful Contractor, with whom transport contract is

entered into, will have to submit, apart from SD/PG, Indemnity Bond also.

28.2 The Indemnity Bond should be for an amount equivalent to 5%

of the value of the contract and will have to be submitted within 14 days from the date of placement of Advance Letter of Acceptance.

28.3 The format of the Indemnity Bond will be given along with the

Advance Letter of Acceptance. ***************

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Date post:	08-Jan-2020
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