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Northern Railway
DELHI DIVISION
TENDER NOTICE No: 116-S/Linen/Trans/14/MC-IV
NAME OF THE WORK
Transportation of linen for various depots of Delhi Division to SSB store &
back for a period of two years
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INDEX
S. No. Item From Page No. To Page No. 1 Cover Page 1 1 2 Index 2 2 3 Top Sheet 3 3 4 Declaration Form 4 4 5 Form for Agreement 5 5 6 General Instructions to Tenderers 6 17 7 Special/Other conditions of Tender 18 20 8 Electronic Clearing Service Model Mandate Form
(Annexure-A) 21 21
9 Detailed scope of work (Annexure-B) 22 22 10 Deviation Schedule (Annexure-C) 23 23 11 Constitution of firm (Annexure-D) 24 24 12 Offer Form (Schedule Of Rates) 25 25
Note: In case of down loaded form, cost of the tender form shall be submitted along with the offer
and that may be in the form of money receipt deposited in the Railway station earning/Pay order/Demand draft in favour of Sr. DFM/Northern Railway, New Delhi.
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Northern Railway
TOP SHEET
Tender Notice No 116-S/Linen/Trans/14/MC-IV Type of Tender Single Packet Approx. Cost/Tender Value Rs. 27, 74,000/- Period of Contract Two years Earnest Money Rs. 55,480/- Cost of Tender Form Rs. 3,000/- (Non-refundable) Date & Time of Closing Tender 15:00 Hrs. of 15.06.2015 Date & time of Opening of Tender 15:15 Hrs. of 15.06.2015 (B) Mandatory details to be filled in by tenderer while submitting their offer:
1 Constitution of the film/ concern (Tick as applicable)
Sole Proprietorship/ Partnership Firm/ Company/ JV/ Society
2 Full name of Sole Proprietorship/ Partnership firm/ company/ JV / Society (as the case may be)
3 Year of formation/ incorporation 4 PAN No. 5 Registered Office Address
6 Address on which correspondence regarding this tender should be done
7 Name of the proprietor/ partners/ JV members etc.
8 Details of EMD submitted
Note:
(i) Special attention of tenderers is drawn to clause 1.3 of “Instructions to tenderers”, as per which the tenderer must submit along with tender, the documents mentioned therein pertaining to constitution of firm/ concern.
(ii) Special attention of tenderers is drawn to “Special tender condition & instruction to tenderers”, as per which they should submit the requisite documents along with tender pertaining to their technical & financial eligibility.
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NORTHERN RAILWAY Cost of Tender Form: Rs. 3,000/- Tender Form No.: 116-S/Linen/Trans/14/MC-IV
Declaration Form (First sheet)
The President of India, Acting through Sr.DME/Chg., N.Rly, DRM’s Office, State Entry Road, New Delhi. Sub: Tender for “Transportation of linen from various coaching depots of Delhi Division to
Shakurbasti store and back for a period of two years”.
1. I, we _______________________________________________ have read various conditions
of tender attached here to and hereby agree to abide by the said conditions. I/we also agree to keep this tender open for acceptance for a period of 90 (Ninety) days from the date fixed for opening the same and in default thereof I/we will be liable of forfeiture of my/our ‘earnest money’ deposit. I/we offer to do the work for the above-mentioned subject tender at the rates quoted in attached schedule and hereby/bind myself/ourselves to complete the work within Two years from the date of issue of the acceptance of the tender/award of work. I/we also hereby agree to abide by the general and special/other conditions of contract and to carry out the work according to the specifications or works laid down by the Railways for the present contract.
2. A sum of Rs. 55,480/- herewith forwarded as earnest money shall be forfeited without
prejudice to any other rights or remedies, if – a) I/we do not execute the contract documents within 7 days after receipt of notice issued by
the Railways that such documents are ready and b) I/we do not commence work within 15 days after receipt of orders to that affect. c) I/we resile from my/our offer or modify the terms and conditions thereof in a manner not
acceptable to Northern Railway during a period of 90 (ninety days) from the date opening of tender.
3. The amount of earnest money in the form of cash lodged with chief cashier, Northern
Railway, New Delhi vide cash receipt no.____________________ dated _____________ or deposited in the form of Banker’s Cheques/Demand Drafts is attached. I/we have clearly noted that the earnest money will be acceptable in the above forms only.
4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute
a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/ our offer for this work.
Signature of Tenderer Name & Signature of witnesses: Full Name of the tenderer:
Name of the Firm: 1. Date: 2. Address: Contact Number:
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FORM FOR AGREEMENT Contract Agreement No. 116-S/Linen/Trans/14/MC-IV Dated ARTICLES OF AGREEMENT made on this ---------day of -----------/2014 between the President of India acting through the Railway administration here after called the “Railway” of the one part and -------------------------------------------------------herein after called the “Contractors” of the other part. Whereas the Contractor (s) has agreed with the Railway for the performance of the work---------------------------------------------------------set –forth in the schedule hereto annexed upon the General Conditions of Contract and the Specifications of the Railway and the special conditions and special specifications, if any and in conformity with the drawings hereinto annexed and Whereas the performance of the said work is an act in which the public are interested. NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the Railway, the Contractors will duly perform the said works in the said schedule set forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same in accordance with the said specifications and said conditions of contract on or before the --------day of ----------and will observe, fulfil and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same has been fully set forth herein) AND the Railway both hereby agree that if the contractors shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the contractor for the said works on the given terms & condition, the amount due in respect thereof at the rates specified in the schedule hereto annexed. Contractors ---------------------------------------- Designation-----
Northern Railway (For President of India)
Date
Address------- Date ------------- Witnesses ------------ Name & Signature of witnesses with address to Witness signatures of the contractor
1. ------------------------------------- 2. ------------------------------------- Photograph of contractor
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NORTHERN RAILWAY C&W DEPARTMENT, DELHI DIVISION
GENERAL TENDER CONDITIONS AND INSTRUCTION TO TENDERER/S Tender No. 116-S/Linen/Trans/14/MC-IV Name of Work: Tender for “Transportation of linen from various coaching depots of Delhi Division
to Shakurbasti store and back for a period of two years”.
1. SUBMISSION OF TENDER: Sealed cover tenders are invited for aforesaid work as under. 1.1 The Tender in general, shall be governed by the Northern Railway General Conditions of
Contract. The ‘Engineer’ as defined in clause 1.2 (e) under Part-I (Meaning of Terms) of General Conditions of Contract shall also mean Sr. Divisional Mechanical Engineer/ Divisional Mechanical Engineer.
1.2 The tender documents consist of Tender form (first sheet), General conditions relating to
tender/s, special conditions and instructions and specifications, detailed scope of work & format for offer of rates. All of these must be submitted as directed in covering note, failing which the tender is liable to be rejected. a) All offers shall be either type written or written neatly in indelible ink. b) Any individual(s) signing the tender or other documents connected therewith shall specify
whether he is signing: - o As sole proprietor of the concern or attorney of the sole proprietor. o As a partner or partners of the firm o As a Director, Manager or Secretary of a Limited company duly authorized by a
resolution passed by the board of Director or in pursuance of the authority conferred by memorandum of association.
1.3 The tender documents must be submitted duly completed in all respects in a sealed cover
super scribed as tender form for the work “as on top sheet” and should be deposited in the tender box lying in the tender room near facilitation centre D.R.M’s Office, New Delhi up to 15.00 hrs. on 15.06.2015. The tender will be opened immediately thereafter and terms and conditions read out in the presence of such tenderer/s as is/are present. Tenders, which are received after the time and date, specified above may not be considered. In case the intended dates for opening of tenders is declared a holiday, the tenders will be opened on the next working day at the same time.
The tenderer shall give full details of the constitution of the firm/JV/Company/Society etc in the “Top Sheet” as well as in Annexure-D to “Special Tender Conditions and instructions to tenderers” of tender documents and must submit the following documents along with tender without fail:-
i) Sole Proprietorship firm:
If the tender is submitted on behalf of a “Sole proprietorship” concern, the tenderer must submit along with the tender, the notarized copy of the affidavit for the same.
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ii) Partnership firm:
If the tender is submitted on behalf of a “partnership firm” tenderer must submit along with the tender, the authorized//registered/notarized partnership deed and; (2) the Power of Attorney/ authorization in favour of the individual signing the tender.
iii) Joint Venture (JV):
Joint Venture firms shall not be considered as the tendered value is less than Rs. 10 crore.
iv) Company:
If the tender is submitted on behalf of a company registered under companies Act-1956, the tenderer must submit along with the tender, (1) the copies of MOA (Memorandum of Association) & AOA (Article of Association) of the company; (2) POA (Power of Attorney) duly registered/notarized by the company (backed by the resolution of Board of Directors) in favour of the individual signing the tender on behalf of the company.
v) Society:
If the tender is submitted on behalf of a society the tenderer must submit along with tender (1) the attested copy of the certificate of registration (2) Deed of formation (3) Power of Attorney in favour of the tender signatory.
1.3.1 If above mentioned documents (as applicable) are not enclosed along with tender documents, the tender shall be treated a having been submitted by the individual who has signed he tender documents. After opening of the tender, any document pertaining to the constitution of the firm/JV/Society (as applicable), shall neither be asked nor be entertained/ considered under any circumstances and no claim or representation whatsoever form the tenderer in this regard shall be entertained.
No change in the constitution of the firm/JV/Company shall be permitted after opening of the tender except where necessitated due to the succession law. The “Power of Attorney” in favour of the individual signing the tender document may however be accepted subsequently, if acceptable reasons are furnished for the same.
1.3.2 All prices/rates and other information like document sets having a bearing on the rates shall be written both in figures and words in the prescribed offer form.
1.3.3 Offers shall be as per the Indian Railways General and Special conditions of contract.
1.3.4 In case of any deviation from the requirement of tender specifications. Instructions to Tenderers or General & Special Conditions of Contract, the same should be brought out by the tenderer in the offer as per Annexure-IV. Tenderers may note that it is not obligatory of Railway to accept the deviations.
1.3.5 All the copies of annexure enclosed with the tender paper should be duly filled in by the tenderer and submitted along with the tender duly signed and stamped on each page.
1.3.6 The tenderer should avoid ambiguity in his offer e.g. if his offer is to his standard sizes/lengths/dimensions. He should specifically state them in details without any ambiguity. Brief descriptions such as “Standard lengths” etc. should be avoided in the offer.
B. GENERAL CONDITIONS OF CONTRACT: 1. 1.1 The Tender in general, shall be governed by the Northern Railway General Conditions of
Contract. The ‘Engineer’ as defined in clause 1.2 (e) under Part-I (Meaning of Terms) of General Conditions of Contract shall also mean Sr. Divisional Mechanical Engineer/ Divisional Mechanical Engineer.
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1.2 The tender documents consist of Declaration form (first sheet), General conditions relating to tender/s, special conditions and instructions and specifications, detailed scope of work & format for offer of rates. All of these must be submitted as directed in covering note, failing which the tender is liable to be rejected.
1.4 VALIDITY: The validity of the offer should be kept open for 90 (ninety) days from the date of
opening of the tender. 2. SCOPE OF WORK: The detailed scope of work of the tender is as Annexure-B. Concerned CDO/
Depot In-charges/ their representatives will carry out the inspection and monitoring of the works.
3. COMPLETION OF TENDER DOCUMENTS 3.1 The tenders containing erasing and alteration in tender documents are liable to be rejected.
Any correction made by the tenderer/s in his/her/their entries must be attested by him/her/them. No correction of typescript of tender form issued by Railway will be taken cognizance of. If the contractor wishes to stipulate any conditions of his own he should state them in the covering letter of the tender. It should be noted however, that the Railway reserves the right not to consider such conditional tenders and reject the same without assigning any reasons. Only those additional conditions, which are explicitly accepted by the Railway, shall form part of the contract.
3.2 If there is a variation between rates quoted in figures and words. The rates quoted in words
shall be taken as correct. Tenders containing erasures and alterations of tender documents are liable to be rejected. If there is more than one or improper rates are tendered for the same item the tender is liable to be rejected. Each page of the tender documents is to be signed and dated by the tenderer/s or such person/s on his/her/their behalf, who is/are legally authorized to sign for him/her/them.
3.3 If there is any variation in e-copy of the tender and printed copy received from tender issuing
authority, the details mentioned in master copy available with Sr. DME/C&W/DLI office will be treated as final.
4. EARNEST MONEY, PERFORMANCE GUARANTEE & SECURITY DEPOSIT:
4.1 Earnest Money:
a) The tenderer shall be required to deposit earnest money in the name of “Senior Divisional Finance Manager, N. Rly., New Delhi” 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 money shall be submitted as indicated below. The earnest money shall be rounded to the nearest Rs.10/-. This earnest money shall be applicable for all modes of tendering.
Value of Work (Tender Value) EMD For works estimated to cost upto Rs. 1 crore 2% of the estimated cost of the work For works estimated to cost more than Rs. 1 crore
Rs. 2 lakhs plus ½% (half percent) of the excess of estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore.
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b) 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.
c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be realized as part security for the due and faithful fulfilment of the contract in terms of Clause 16 of the General Conditions 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.
d) The Earnest Money shall be in cash or in any of the following forms:
(i) Banker’s Cheques/Demand Draft executed by State Bank of India or any of the Nationalized Bans or by a Scheduled Bank.
(ii) The Official Cash receipts having a mention of the firm/individual who has deposited the cash or the Banker’s cheques/Demand Drafts as mentioned above, as the case may be is to be attached with the tender failing which tender will be summarily rejected .
4.2 Security Deposit:
a) The Earnest Money deposited by the contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfilment 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 Contractor’s “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.
b) Security Deposit for this work will be 5% of the contract value.
c) The rate of recovery shall be at the rate of 10% of the bill amount till the full security deposit is recovered.
d) 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. as shall be accepted towards Security Deposit.
e) Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. 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 contractor and that there is non due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditioned and unequivocal no claim certificate from the contractor concerned should be obtained.
f) No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract.
4.3 Performance Guarantee:
The procedure for obtaining Performance Guarantee is outlined below;
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(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.
(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% the contract value;
(i) A deposit Cash; (ii) Irrevocable Bank Guarantee; (iii) Government Securities including State Loan Bonds at 5% below the market
value; (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These
forms of Performance Guarantee could be either of the State Bank of India or of any the Nationalized Banks;
(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;
(vi) A deposit in the Post Office Saving Bank; (vii) A deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits; (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever
is less. Also, FDR in favour of “Senior Divisional Finance Manager, Northern Railway, New Delhi” (free from any encumbrance) may be accepted.
NOTE: The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.
(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 Days.
(d) The value of PG to be submitted by the contractor will not change for variation up to
25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent ) for the excess value over the original contract value shall be deposited by the contractor”.
(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on ‘Completion Certificate’ issued by the competent authority stating that the
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contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’ from the contractor.
(f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participation in the tender for executing the balance work. If the failed contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm.
(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/or without prejudice to any other provisions in the contract agreement) in the event of: (i) Failure by the contractor to extend the validity of the Performance Guarantee as
described herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.
(ii) Failure by the contractor to pay President of India any amount due, either as agreed
by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.
(iii) The Contract being determined or rescinded under provision of the GCC, the
Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.
5. ACCEPTANCE OF TENDER: 5.1 It shall not be obligatory for the said authority to accept the lowest tender and the tenderer/s
shall not demand any explanation for the rejection of his/her/their tender. 5.2 If the tenderer(s) deliberately give wrong information in his/their tender and there by create/s
circumstances for the acceptance of his/her/their tender, the railways reserve the right to reject such tender/s at any stage and take necessary legal action including recovering the cost of delay or inconvenience .
5.3 The successful tenderer/s shall be required to execute a contract agreement for carrying out of
the work. The address of the contractor as given in the agreement will be deemed as their business address and all letters etc. sent to that address by the Railway Administration shall be considered as duly delivered to the contractors in the ordinary course of post.
5.4 The authority for acceptance of the tender does not undertake to assign reasons for declining
to consider any particular tender or tenders. The accepting authority also reserves the right to accept in full/ a part thereof/ reject the tender or to divide the tender amongst more than one tenderer if deemed necessary without assigning any reason.
5.5 The tender/s shall not increase his/her/their basic rate in case the railway administration
negotiates for reduction of rates. Such negotiations shall not amount to cancellation or
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withdrawal of the original offer and if not agreed for reduction, rates originally quoted will be binding on the tender/s.
5.6 The tenderer/s shall submit an analysis of rates offered by him/her/them giving the details of
cost of cost of labour, material, equipments/machinery & profit etc. for proper evaluation of the tender as well as taxes if any applicable.
6. CONDITIONS OF CONTRACT AND SPECIFICATIONS: 6.1 Except where specifically stated otherwise in the tender documents, the work is to be carried
out in accordance with Northern Railway’s “General Conditions of Contract July-2013” or the latest version as amended time to time.
6.2 The works shall have to be started within 15 days of the issuance of the letter of acceptance. 6.3 The contractor will have to meet Transfer and Subletting: The contractor shall not sublet, assign
or part with this contract to any other agency with out prior written permission of the Chief Mechanical Engineer, Northern Railway, New Delhi.
6.4 That the amount of profits derived by the contractor out of this contract are liable to income
tax and to facilitate this assessment, the contractor shall maintain a proper account of his receipts and disbursements, this account shall also be open for inspection or verification by the Railway Administration whenever so desired.
6.5 If the firm is dissolved on account of death or retirement of any partner or for any reasons
whatsoever before completing whole work or part of it under taken by the principal, partners will remain jointly and personally liable to complete the whole work to the satisfaction of the Railway. Otherwise to pay the compensation for the work as sustained, if any, by the Railway due to such dissolution, the amount of such compensation shall be fixed by the General Manager of the Railway and his decision in the matter shall be final and binding on the firm/ contractors.
6.6 Facility to work: Electrical energy and water, if required for the execution of work shall be
provided on payment to the contractor if available at site. Cost of the electrical energy shall be as per the prescribed rate issued by the Electrical department.
6.7 The contractor shall ensure that, without prior written permission of the Railway, their
employees shall not remain in the Railways premises after completion of their specified timings or on completion of their work under this contract.
6.8 Tenderer shall submit a CLAUSE-BY-CLAUSE comment on these tender conditions in the given
format at Annexure-C. The deviation schedule shall include both the General & Special/other conditions of contract. Tenderers may note that it is not obligatory for the said authority to accept the deviations.
7 STUDY OF LOCAL CONDITIONS: 7.1 The tender/s are advised to visit the site of work and investigate the actual conditions of works.
The scope of work should also be examined before formulating the rates for complete items of work.
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7.2 The contractor shall work in coordination with the departmental staff for the execution of the work.
7.3 There shall be no ambiguity in filing tenders. Tenders which are not complete as stipulated may
be summarily rejected. 8 PERIOD OF COMPLETION: 8.1 The entire work is required to be completed in all respect within specified period as laid down
in the contract agreement. Time is the essence of contract. The contractors will be required to maintain steady and required progress to the satisfactions of the execution authority to ensure that the work will be completed in all respects within the stipulated period failing which action may be taken by the Railway Administration as per the clauses stipulated in “General Conditions of Contract July 2013” or the latest revision as amended time to time.
8.2 The contractor shall not be entitled to make any claim, whatever against Railway under or by
virtue of or arising out of the contract after he/they shall have signed a ‘NO CLAIM’ certificate in favour of Railways, in such form as shall be required by the Railway, after the work is finally executed.
9 DETERMINATION OF CONTRACT: 9.1 Right of Railway to determine the contract – The Railway shall be entitled to determine and
terminate the contract at any time should, in the Railway’s opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof.
9.2 Payment on determination of contract – Should the contract be determined under sub-clause
(11.1) of this clause and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the work, the Railways shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Chief Mechanical Engineer or his nominee. The Railway’s decision on the necessity and propriety of such expenditure shall be final and conclusive.
9.3 The contractor shall have no claim to any payment of compensation or otherwise, howsoever
on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of contract.
9.4 Determination of contract owing to default of contractor – if the contractor should
(i) Become/s bankrupt or insolvent, or (ii) Make an arrangement with/ or assignment in favour of his creditors, or agree to carry
out the contract under a Committee of Inspection of his creditors, or (iii) Being a Company or Corporation go into liquidation (other than a voluntary liquidation
for the purpose of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of GCC
or (vi) Abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any provision of
the contract, or
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(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or
(ix) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of GCC, or
(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the GCC, or
(xi) Fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or any part thereof as required under Clause (28) of the GCC, or
(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his/her or on their behalf in relation to the execution of this or any other contract with this Railway.
(xiii) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired Engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Mechanical Department of the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or
9.5 Determination of contract owing to default of contractor – if the contractor fails to give at the
time of submission of the said tender: (a) The correct information as to the date of retirement of such retired engineer or retired
officer from the said service, or as to whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the said tender, or
(b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or
(c) Being a partnership firm the correct information as to, whether any of its partners was such a retired engineer or a retired officer, or
(d) Being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired officer, or
(e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor, and after expiry of 48 hours notice, a final termination notice should be issued.
Then and in any of the said clause, the Engineer on behalf of the Railway may serve the
Contractor with a notice in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48
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hours notice in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice)
9.6 Right of Railway after rescission of contract owing to default of contractor-In the event of any
or several of the courses, referred to in sub-clause (I) of this clause, being adopted: (a) The Contractor shall have no claim to compensation for any loss sustained by him by
reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified,
(b) The Engineer or the Engineer’s Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or out to have been executed, and to retain and employ the same in the further execution of the works of any part thereof until the completion of the works without the contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof,
(c) The Engineer shall as soon as may be practicable after removal of the contractor fix and determine ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously.
10. PAYMENT TERMS: 10.1. Subject to satisfactory working duly certified by concerned Coaching depot officer or his
representative, the contractor shall be entitled to receive the value of the work against the work attended/completed during the month after necessary deduction or recovery, which the Railway Administration may be entitled to make under the contract or any other contract.
10.2. Payment will be made by Sr. DFM, Northern Railway, DRM Office, New Delhi. 10.3. All bills in four copies shall be submitted to concern Depot In charge on monthly basis. 10.4. Payment will be made only after verification & certification by the concerned Depot In charge. 10.5. All payment in respect of the contract during the currency of the contract shall be made
through Electronic Clearing System (ECS) / Electronic Fund Transfer (EFT). The successful tenderer on award of contract must submit ECS/EFT Mandate Form complete in all respect as detailed at Annexure-A of the tender document. However, if the facility of ECS/EFT is not available at a particular location, the payment shall be made by cheque. In such case the successful tenderer on award of contract will have to furnish contractor’s Bank Account Number and name of the Bank against which all payments in respect of the contract during the currency of contract shall be made.
10.6. 2% income tax and 15% surcharge on I. Tax or as applicable time to time shall be deducted from bill and necessary I.T deduction certificate will be issued by Sr. DFM/Northern Railway/New Delhi.
10.7. No extra payment CST/ST, Octroi or other taxes will be made to the agency.
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10.8. The value of contract and quantities given in the attached schedule of rates and quantities are approximate and are given only as a guideline. These are subject to variations/ additions and/or omission. The quantum of the work actually carried out shall not from the basis of any dispute regarding the rates to be paid and shall not give rise to any claim for compensation on account of any increase or decrease either in the quantity or in the contract value.
10.9. Penalty for delay in completion/ non attending to certain activities: In case the contractor fails
to execute and complete the work within the time specified in the agreement or within the period of extension granted by Sr.DME/Delhi, a penalty will be levied except for the case where the delay is purely on the part of the Railways. In this regard the decision of Railway administration would be final.
10.10. Bill forwarding authority: Concerned Coaching Depot Officer 10.11. Bill passing authority : DME/C&W
10.12. The Railway administration reserves the right for deduction of Railway dues from contractors
security amount/bills on the following ground: (i) Any amount imposed as a fine by the Railway administration for the irregularity
committed by the contractor. (ii) Any amount which Railway administration becomes liable to pay to pay the government
/third party on behalf of the contractor or any of his employee/agent. (iii) Any payment made under an order/judgement of any court/consumer forum or law
enforcing agency or any person working on his/her/their behalf. (iv) In all matters decision of accepting authority will be final, who will also be the appellate
authority in all matters. 10.13 All disputes are subject to the jurisdiction of the Hon’ble High Court, Delhi and/or its
subordinate courts only. 11. RIGHT TO THE RAILWAY TO DEAL WITH TENDER/S:
The Railways reserve the right to accept in full/ a part thereof/ reject the tender without assigning any reasons.
12. ARBITRATION: 12.1 In the event of any question, dispute or difference arising under these conditions or any
special/other conditions of contract, or instructions to tenderers or in connection with this contract (except as to any matter the decision which is specifically provided for by these conditions or instructions to tenderers or the special conditions) the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be arbitrator, by General Manager, Northern Railway, New Delhi. The Gazetted Railway Officer to be appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of his duties as a railway servant had expressed views on all or any of the matters under dispute or difference. The award of the arbitrator shall be final and binding on the parties to this contract.
12.2 In the event of the Arbitrator denying, neglecting or refusing to act, or resigning or Being unable to act for any reason or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the out going arbitrator in the manner aforesaid.
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12.3 It is further a term of this contract that no person other than the persons appointed by the authority as aforesaid should act as arbitrator and that if for any reason that is not possible the matter is not to be referred to arbitration at all.
12.4 The arbitrator may from time to time with the consent of all the parties to the contract enlarge, the time for making the award.
12.5 Upon every and any such reference, the assessment of the cost incidental to the reference and award respectively shall be at the discretion of the arbitrator.
12.6 Subject to as aforesaid, the arbitration Act-1940 and the rules there under and any statutory modification thereof, for the time being in force, shall be deemed to apply to the arbitration proceedings under this clause.
12.7 Work under the contract, if reasonably possible if so decided by the Engineer may continue during the arbitration proceedings and no payment due to or payable by the Engineer shall be withheld on account of such proceedings.
12.8 The venue of arbitration shall be the place from which the contract is issued or such other place as the arbitrator at his discretion may determine.
12.9 In this clause the authority to appoint the arbitrator includes, if there is no such authority, the officer, for the time being discharging the functions of that authority, whether in addition to other, functions or other wise.
Sr. DME/Chg. N.Rly, Delhi
for & on behalf of President of India
I/We agree to abide by above terms and conditions as well as Genl. Conditions of contract July 2013 or the latest version as amended time to time. Sig. of the Contractor
Full name: Address:
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Special & Other Conditions of tender for “Transportation of linen from various coaching depots of Delhi Division to Shakurbasti store and back for a period of two years”.
A. Special Conditions:
The tenderer/contractor should note that following credentials are to be submitted along with tender failing which the tender is likely to be rejected.
Experience eligibility:
The tenderer should have experience of transporting material of Railway / PSUs / Other Govt. Agencies. Preference shall be given to those tenderers who directly own at least four trucks of desired type.
Supporting documents/ certificates from the organizations with whom they worked should be enclosed. Supporting documents regarding ownership and valid certificates as mentioned in B-5 for the owned trucks as mandated by traffic police should be enclosed with the offer.
A.1 (i) The tenderer (s) shall be eligible only if he/they fulfil Eligibility Criteria of having received total contract amount during the last three financial years and in the current financial year with a minimum of 150% of the advertised tender value.
(ii) Authentic Certificates shall be produced by the tenderer(s) to this effect which may be an attested certificate from the employer/client, Audited Balance sheet duly certified by the chartered accountant etc.
Note:- No Post tender correspondence for submission of additional documents shall be entertained after opening of the Technical & Commercial offers. Even suo-moto post tender letters of the tenders shall be treated as NULI & Vold. B. Other conditions
1. The work of Transportation of linen from various coaching depots of Delhi Division to Shakurbasti store and back shall be done as mentioned in Annexure-B.
2. The contractor will arrange availability of road trucks along with staff (driver and helper) within 06 hrs of receipt of call from the concerned depot incharges or concerned linen incharges.
3. It is made clear that the Railway will pay no demurrage charges.
4. The loading and unloading facilities shall be provided by the Railways.
5. The contractor should ensure for availability of necessary licence, road permit and all other requisite documents required under existing laws/Motor Vehicle Act etc.
6. The contractor will ensure that necessary documents related to linen for their destination have been collected from the concerned SSE/C&W or store incharge before leaving the place of loading and he shall also ensure that concerned Railway staff is available in truck while truck is loaded / transporting Railway material.
7. The contractor must obtain necessary permission from traffic police for plying the truck in NCR region during the NO ENTRY time as linen transportation work will mostly take place during this time period.
8. The contractor will be fully responsible for the condition of linen during transit. The contractor
will ensure that there is no damages/stains to the linen items during the process of transition.
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(Every possible effort shall be made by the contractor to protect the Railway material from theft/sun/rain/damage/stains). The cost of damage to the linen/railway property if incurred during the execution of work will be borne by the contractor. In this regard decision of the Sr. DME/Delhi will be final.
9. In case of truck of contractor being impounded / detained by traffic police, Railway shall in no
way involved and contractor shall manage by his own. In case any truck of contractor is impounded or goes into breakdown enroute, the contractor shall arrange another truck along with manpower to transfer linen in this truck and complete the trip. No extra payment shall be given in such a case.
10. The contractor shall be liable for the safety of his workmen during the course of contract. The
railway will not entertain any compensation or claim for any incident/accident. 11. The contractor will ensure that there is no interference or interruption with the existing
Railway system under any circumstances. 12. The tenderer will quote their rate as per the offer from attached herewith. The rates should
include all the expenses such as fuel, labour, lubricants, other establishment charges, statutory taxes, repair and maintenance charges etc. Railways shall not be liable to pay any other charges except the rates accepted as per the offer form/schedule.
13. No boarding and lodging facilities will be provided to the driver and other staff of the
contractor. 14. The value of contract and quantities given in the attached schedule are approximate. 15. The contractor shall not be entitled to any claim against the Railway Administration for any
damage, loss etc that the contractor or his employee may sustain on any account or cause for which the provision is not given in the tender specification.
16. The contractor shall promptly and correctly carry out all instructions received from time to time
from Sr. DME/Delhi, Northern Railway, New Delhi or any person authorized by the Railway Administration.
17. If any damage done to the Railway Administration or its property by the contractor or by his
employee or other persons for whose action he is responsible. The cost of making good the same shall be borne by the contractor.
18. In case of any contradiction between special terms and conditions of tender and general
conditions, then the special terms & conditions shall prevail. 19. Addenda and corrigenda to the ‘Special/other Terms and conditions’ may be issued as and
when necessary and the tenderers shall abide by them. 20. The accepting authority shall have the discretion to vary the quantity of items as well as to vary
the items in a contract in accordance with the prevalent SOP (Schedule of Power) on works matter of Northern Railways and amendments from time to time.
21. The railway authority can extend the completion period of the contract as per requirement of the railways and contractor shall have no claim for the same.
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22. The employee/labour engaged/deployed by the contractor for the execution of said contract will be employed by the contractor only and will have no claim for employment in railway organization/establishment, whatsoever.
23. No additional documents pertaining to eligibility shall be entertained after opening of tender. The offer shall be evaluated as per the documents once submitted alongwith the offer and offer/s found without required document/s pertaining to eligibility will be summarily rejected.
Inspection & Penalties
24. The inspection and checking will be carried out by Sr. DME/Delhi or any other officer/inspector authorized/deputed by him to do same, whose decision will be final.
25. Contractor shall made available truck on call of 06 hrs notice. In case of failure he will be liable for penalty of half rate of the one trip for each instance. In this regard decision of Sr. DME/Delhi will be final & binding on the contractor
26. If linen is found wet during rainy season due to fault on contractors part, half of the rate of linen items affected shall be recovered from contractor’s bill.
27. If found stains on linen due to dirty truck or mishandling enroute, the cost of new linen shall be recovered from the bill of contractor.
28. In case contractor fails to complete his trip on account of any reason not attributed to Railways a penalty at half the rate of one trip shall be imposed for each instance.
Legal obligations of the Contractor
29. Except as other wise provided in this contract, all notices to be given on behalf of the President of India and all other actions to be taken on his/her behalf will be by the Sr. DME, Delhi.
30. The decision of Sr. DME/Delhi and any other officer authorized on his behalf shall be final and binding in respect of:
31. Breach of the terms of the agreement and
32. Any other irregularity
33. The contractor shall not be entitled to any claim for compensation against Railway in case of reduction in quantity of work as Railway Administration does not give any guarantee on the quantity of work.
Dispute resolution & Contract termination
34. In the event of any dispute or difference of the opinion between the Railway Administration and the contractor arising out of this agreement for which provision does not exist in this agreement, shall be referred to the sole Arbitration as mentioned in the para 12 of “General tender conditions & Instructions to tenderers” above.
35. The Railway Administration shall have the right to terminate the contract. If in their opinion (which shall be final and binding of the parties) the contractor is not conforming to the terms and conditions of the contract at sole risk and cost of the contractor, after being given a due notice respect thereof.
36. The Railway can terminate this contract at any time on 15 days notice.
Sr. DME/Chg. N.Rly, Delhi
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Annexure-A
FORMS Form No. E-5 Appendix-VIII
Electronic Clearing Service (Credit Cleaning) Model Mandate Form
(Investor/ customer’s option to receive payments through Credit Clearing Mechanism)
Name of the scheme and the periodicity of payment
No.
1) Investor/customer’s name : 2) Particulars of Bank account : A Name of the Bank : B Name of the branch : Address : Telephone No. : C 9- digit code number of the bank and branch Appearing on the MICR cheque issued by the bank: D Type of the account (S.B. Current or cash Credit) With code (10/11/13) E Ledger and Ledger folio number: F Account number (as appearing on the cheque book) (In lien of the bank certificate to be obtained as under. Please attach a blank cancelled cheque or photocopy of cheque or front page of your
savings bank pass book issued by your bank for verification of the above particulars)
a. Date of effect: I hereby declare that the particulars given above are correct and complete. If the
transaction is delayed or not effected at all for reasons of incomplete or incorrect information. I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.
(_______________________) Signature of the Investor Customer
Date Certified that the particulars furnished above are correct as per our records Bank’s Stamp
Signature of the Tenderer/s
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Annexure-B
Detailed Scope of Work
1. The contractor shall make available covered trucks (TATA 407 type) for transportation of linen from various coaching depots of Delhi Division to Shakurbasti store and back. The trips of truck in two years from coaching depots to Shakurbasti store and back shall be as under.
S. No. Coaching Depots / Stations Aprrox. No. of trips in two years
1 New Delhi, Hazrat Nizamuddin, Delhi, Delhi Sarai Rohilla & Anand Vihar
950
2. The truck provided by the contractor should be in good fettle, waterproof and neat & clean in
all respect. 3. In case of commissioning of new depot in Delhi area contractor shall transport the linen from
such depot to Shakurbasti and vice-versa. 4. Contractor shall make available truck for inter depot transportation of linen also on same
rates. 5. Trucks shall be made available on 06 hrs call from concerned depot incharge or Linen incharge
as and when required. Any depot can call more than one truck on same day.
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Annexure-C
Deviation Schedule
Clause Comment Deviation(s)
General Conditions: Special Conditions:
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Annexure-D Constitution of Firm
1 Constitution of the film/ concern (Tick as applicable) Sole Prop/ Partnership Firm/
Company/ Society 2 Full name of firm/ company / Society 3 Year of formation/ incorporation 4 PAN No. 5 Registered Office Address 6 Address on which correspondence regarding this tender
should be done
7 Name of the proprietor/ partners etc.
We have enclosed alongwith the tender, all the requisite documents pertaining to the constitution of the firm/concern/company etc., as specified in clause c of instruction to tenderers. I/we understand that in the absence of these documents, our tender shall be treated as having been submitted by the individual who has signed the tender documents.
Signature of Tenderer
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OFFER FORM (Schedule of rates)
Tender No. : 116-S/Linen/Trans/ 14/MC-IV Name of work : Contract for “Transportation of linen from various
coaching depots of Delhi Division to Shakurbasti store and back
Period of work : Two years App. Cost of work : Rs. 27,74,000/- Earnest money : Rs. 55,480/- Date of opening of tender : 15.06.2015
S. No. Description of work
Approx. Nos. of trips for two year
Offered unit rates (per trip) in Rs.
In figures (Rs.) In words (Rs.)
1
Transportation of linen from various coaching depots of Delhi Division to Shakurbasti store and back.
950
Note:
i) The above offered unit rate should be inclusive of all charges and taxes i.e. transportation, Labour, Sales Tax, Excise duty, Service Taxes (as applicable) & other applicable charges and no separate charges would be paid whatsoever.
ii) No additional documents pertaining to eligibility shall be entertained after opening of tender. The offer shall be evaluated as per the documents once submitted alongwith the offer and offer/s found without required document/s pertaining to eligibility will be summarily rejected.
Date :
Signature of Tenderer
Full Name of Tenderer
Name of the Firm
Date
