Page 1 of 45
Ministry of railways
NORTHERN RAILWAYS
MORADABAD DIVISION
COMMERCIAL DEPARTMENT
DRM OFFICE ………………….
…………………………
STANDARED BID DOCUMENT(SBD) FOR NORMAL PAY
& USE TOILET FOR OPERATION AND MAINTENANCE
(O&M) AT RAILWAY STATION FOR A PERIOD
OF THREE YEARS
Page 2 of 45
Table of Contents TENDER No..................... Key Informaton………………………………………... 3
A. DISCLAIMER............................................................................4
B. LETTER TO TENDERER.............................................................5
C. TENDER APPLICATION ……………………………………………….....6-7 D. INSTRUCTION TO TENDERS AND TERMS & CONDITION........8-18
E. EVALUATION CRITERIA..................................................... 19
F. POWER OF ATTORNEY FOR SIGNING OF TENDER.................. 20
G. FORMAT OF AFFIDAVIT...........................................................21
H. AGREEMENT......................................................................22-45
Page 3 of 45
TENDER NO-9-Pay & Use/Najibabad/10.c
KEY INFORMATION
1 Notice for Tender Date 30.01.2019 and Time 11.00 hrs.
2 Type of Tender Single Packet System
3 Period of Contract (03) Three Years
4 Cost of Tender Document
Non- refundable amount of Rampur Rs.2000/-, Roorkee Rs.2000/-, Najibabad Rs.1000/- & Gajraula Rs. 1000/- only + GST @ 18%, Details at Chapter C.
5 Earnest Money deposit
Earnest Money Rs Rampur Rs.15,744/-, Roorkee Rs.37,113/-,
Najibabad Rs.4,728/- & Gajraula Rs.6,084/- only. Details at Chapter C.
6 Reserve Price for first year
Pay & Use Rampur Rs.1,57,440/-, Pay & Use Roorkee Rs.3,71,124/-, Pay & Use Naijbabad Rs.47,280/-& Pay & Use Gajraula Rs.60,840/-
7 Tender Submission Date 18-03-2019 and Time 11.00 hrs.
8 Opening of Tenders Date 18-03-2019 and Time 16.00 hrs.
9 Validity of Offer 90 days from the date of opening of Tender
10 Web Site address www.nr.indianrailways.gov.in
11 Contact Authority and address
Sr. DIVISIONAL COMMERCIAL MANAGER NORTHERN RAILWAY
DRM OFFICE, MORADABAD.
वररष्ठमण्डऱवाणिज्यप्रबन्धक mRrj रेऱवे,
मण्डऱ रेऱ प्रबन्धक कायााऱय, eqjknkckn
Page 4 of 45
Chapter - A
DISCLAIMER
1. The issue of this Document does not imply that Railway is bound to
select the tenderer or to appoint the selected tenderer. Railway reserves the right to reject any or all of the Tenders submitted in
response to this Tender Document at any stage without assigning
any reasons whatsoever. Railway also reserves the right to withhold
or withdraw the process at any stage with intimation to all tenderers who have submitted the Tender.
2. Railway reserves the right to change/ modify/amend any or all of the
provisions of this Tender Document at any stage. Such changes shall
be notified to all concern.
Page 5 of 45
Chapter – B
LETTER TO TENDERER
Northern Railway
Moradabad Division,
DRM Office Moradabad
To,
M/s __________________________
______________________________
______________________________
Subject- Tender for Normal Pay & Use Toilets for Operation &
Maintenance (O&M) at _______________ Railway station
for a period of three years.
Dear Sir,
1. Tender form with Tender conditions and Draft Agreement for the
above noted contract are enclosed.
2. Tender is on Single packet system.
3. Tender should be addressed to Sr. Divisional Commercial Manager,
Northern Railway Moradabad and submitted in a sealed cover.
4. Tender will be received in a sealed tender box kept in the office
in ACM/MB room up to 14.00 Hrs. on 18.03.2019 Tender box will be
sealed at 14.00 Hrs. on 18.03.2019. Sealed tender box will be
opened by nominated officers at 16.00 Hrs. on 18.03.2019. Names of
all tenderer will be announced soon thereafter in the tender room of DRM‟s office. Tenderer are advised that if they so desire, they can
send their authorized representatives to witness the opening of
Tender. Tender received after closing of tender box will not be
considered.
4. No Tender will be considered if not accompanied by requisite
earnest money deposit as per terms and conditions specified in Para
3.13 of chapter D.
6. The Railway Administration reserves the right to reject any or all the tenders without assigning any reason whatsoever or to accept
any Tender with a higher offer.
7.This Tender form is non-transferable.
For Sr. Divisional Commercial Manager
Moradabad Division
(Signature of Tenderer) TENDER NO……………………………. Page 6 of 45
Chapter C
TENDER APPLICAION
To
The President of India,
Through the Sr. Divisional Commercial Manager, Northern Railway,
Moradabad Division
Dear Sir,
Subject- Tender for “Normal Pay & Use Toilet for Operation
& Maintenance at ___________ Railway Station” for a Period of three Years.
1. I / We intend to undertake the above mentioned work of Normal
Pay & Use Toilet for Operation & Maintenance at ___________
Railway Station in ……..Division of Northern Railway.
2. I / We have gone through the contents of Tender Form along with
all the other documents carefully, information furnished by me/us
is true to the best of my /our knowledge, and nothing has been
concealed/mis-represented therein.
3. I /We have carefully read terms conditions & guidelines, which
I/we shall adhere by. I/We agree to take the allotment of
contract of subject tender of ____Division on “As is whereas
Basis”.
4. I am willing to take up work for _______years on the schedule and specification as given para 3.0 and 12.0 of chapter H.
5. I am willing to offer to the Railway, the annual offer for the first
year as Rs ____________and the same shall be paid with an
annual increase of 7% in each of the following ____ years also, as per para6.5 of the tender agreement of Chapter „H‟.
6. There will be an annual increase of seven percent in license fees.
7. In case of revision of usage charges during the contract period,
license fees to be paid by the contractor will be revised on pro-
rata basis at the time of revision of usages charges and henceforth annual increase of 7% as detailed in para 6.6 of
Chapter „H‟ shall be applicable.
(Signature of Tenderer) TENDER NO……………………………. Page 7 of 45
Note-
a. Tenderer must fill up all columns essentially required to
ascertain financial bid. In case this is not done, the tender is likely to be summarily rejected.
b. In case of difference in figures and words, the amount shown in
words shall be taken to be correct.
c. Tenders with overwriting, correction or insertion shall be liable to be rejected.
d. All figures as mentioned in para 5 above should be rounded off
to Maximum 2 digits after decimal. Any quote not complying
this is liable to be rejected by the Tender committee.
Yours sincerely,
(Tenderer‟s Signature,
Name and designation
of the Authorized Signatory)
Date
Place
Name and seal of the Tenderer
Location
(Signature of Tenderer) TENDER NO……………………………. Page 8 of 45
Chapter – D
INSTRUCTION TO TENDERERS AND TERMS & CONDITION
1.0 General Conditions of Tendering
1.1 The offers in sealed cover on prescribed form are invited up to 14.00 hrs on 18.03.2019 by the Sr.DCM/MB Northern Railway,
Moradabad Division, for Normal Pay & Use Toilet for
Operation & Maintenance at _______________ Railway Station, at a reserve price of Rs. ___________for a period of
Three years from the date of commencement of the contract as
per details.
1.2 The Tender must be submitted in sealed cover in the
prescribed form for Normal Pay & Use toilet for Operation & Maintenance at _______________ Railway station and must
be deposited in tender box allotted for this purpose in the
ACM/MB room at DRM‟s Office, Moradabad Division not later
than 14.00 hrs. The box will be sealed at 14.00 hrs on 18.03.2019 and will be opened at 16.00 hrs in the ACM/MB
room of DRM‟s Office in the presence of tenderer or their
authorized representatives who wish to be present. In case of
any reason the office is closed on Tender opening day, then the Tender will be received and opened at the same time and place
on next working day.
1.3 The Tender should be on a prescribed form obtainable from the
office of Sr. Divisional Commercial Manager, DRM Office,
Northern Railway Moradabad Division, on payment of ` ______________ per Tender form in any of the following
mode-
1.3.1 Demand draft / Banker‟s Cheque in favour of „Sr.
Divisional Finance Manager, Northern Railway Moradabad Division, payable at Moradabad executed by State Bank of
India or any of the Nationalized Banks or by a scheduled
Banks.
1.3.2 Cash deposited at the Cash Office/ Booking Office at Railway Station of the Zonal Railway duly supported with
original Cash Receipt / Money Receipt indicating the
Tender Number and due date of submission.
1.4 Tender form can also be downloaded from the internet website i.e.www.nr.indianrailways.gov.in. The tenderer, who wishes to
participate in the Tender by downloading from Web-site will
have to attach a bank draft of amount equivalent to the Tender
form cost in favour of “Sr. Divisional Finance Manager,
Northern Railway, Moradabad Division” towards the cost of
(Signature of Tenderer) TENDER NO……………………………. Page 9 of 45
Tender Form. Tender Forms downloaded from Web site will not
be accepted without enclosing the cost of Tender form in the
shape of Bank draft.
1.5 The Tender form is not transferable.
1.6 Tenderer shall invariably sign on all sheets of tender document
before submitting Tender. In absence of the same the tender
will be summarily rejected.
1.7 The Tender containing overwriting and alterations in the Tender
documents are liable to be rejected out rightly. Tenderer must attest any correction made by them. No correction on the
typed script of Tender form issued by Railway Administration
will be allowed. If the tenderer wishes to stipulate any
condition of his own, he should state this in a separate letter along with the Tender documents. It should however, be noted
that the Railway Administration reserves the right not to
consider such conditions and to reject the conditional tenders
without assigning any reasons.
1.8 Tender Due Date
Tenders received by Railway after the specified time on the
Tender Due Date shall be treated as per Railway Board‟s extant
guidelines.
1.9 Proposal Validity
The Tender shall remain valid for acceptance by Railway for a
period of 90 days from the last date of submission of tenders.
In case of any need, Railway may request the tenderers to
extend the period of validity of their tenders on the same terms and conditions.
1.10 No advance payment shall be made by the Railways, neither,
any kind of loan from any person/bank/financial institution
shall be recommended by Railway.
1.11 The scope of work is detailed in Chapter H.
2.0 Minimum Eligibility Criteria
2.1 Financial Eligibility Criteria
2.1.1 For A-1 & A category stations, the turnover of the tenderer
shall not be less than Rs 05 lacs per annum during the
last three consecutive financial years excluding the year
(Signature of Tenderer) TENDER NO……………………………. Page 10 of 45
of tender from the business of operating and maintaining
toilet complex.
2.1.2 For B & C category stations, the turnover of the tenderer
shall not be less than Rs 03 lacs per annum during the
last three consecutive financial years excluding the year
of tender from the business of operating and
maintaining toilet complex.
2.1.3 For D & E category stations, the turnover of the
tenderer shall not be less than Rs 02 lacs per annum
during the last three consecutive financial years
excluding the year of tender from the business of
operating and maintaining toilet complex.
2.1.4 For the proof of such turnover as mentioned in para
2.1.1, 2.1.2 & 2.1.3 from the business of operating and
maintaining toilet complex, certificate from a chartered
accountant to this effect to be considered along with
balance sheet and profit and loss account of tenderer.
The genuineness of the same will be got verified from
concerned CA before finalizing the tender.
2.2 Technical Eligibility Criteria
2.2.1The tenderer should have experience of minimum three
consecutive financial years excluding the year of tender
in the field of operation and maintenance of toilet at
mass contact area.
2.2.2 The tenderer should have completed at least one works
of similar nature of 80% of Annual Tendered value or two works of 50% of Annual Tendered Value or three
Works of 40% of Annual tendered Value in last three
financial years excluding the year of tender.
Similar Nature - Similar Nature of work means BOT or ROMT or
Operation & Maintenance of toilets at mass contact area
as the case may be.
Annual Tender Value-Annual tender value means the reserve
price fix by the division for one year.
2.3 The tenderer should submit the copy of permanent Account Number issued by Department of Income Tax.
(Signature of Tenderer) TENDER NO……………………………. Page 11 of 45
2.4 The eligibility criteria given above in para 2.1 and 2.2 are
minimum eligibility criteria. In case tenderer does not fulfil the
minimum eligibility criteria, the tender will stand disqualified.
2.5 The evaluation and selection will be done on the basis of the
process given in chapter E.
3.0 Method of tendering
3.1 The Tender will be in Single packet system-Tenderer may note
the following:
3.1.1 The tender committee reserves the right to see all the original documents of which photo copy has been
submitted by the tenderer in Technical Tender. The same may have to be produced by the tenderer as and
when required. In absence of the same tender
committee reserves the right to summarily reject the
tender.
3.1.2 If the tenderer does not fulfil the minimum eligibility
conditions as mentioned in para 2.1, 2.2 and 2.3 above,
the Tender will be disqualified and the earnest money will be refunded in due course.
3.1.3 The Railway Administration reserves the right to verify the contents of all documents/affidavits as given by the
tenderer in accordance to the requirement from the
department concerned, either before the award of, or
during the currency of the contract. Furnishing of false document/affidavit would automatically lead to
termination/ cancellation of the Tender/ contract and
initiation of legal proceedings against the tenderer for
misleading the Railway Administration besides blacklisting.
3.2 The selected tenderer shall execute an agreement according to the terms and conditions as embodied in the draft agreement
attached with the Tender form within 30 days from date of
issue of LOA (Letter of Acceptance) the Railway Administration.
3.3 In the event of the Tender being submitted by the partnership
firm/private Ltd. company, it must be signed by all partner(s) /
director(s) or on his/their behalf by a person holding a valid
power of attorney authorizing him to do so. A copy of Partnership Deed or a Registration Certificate of a Private Ltd.
Company or Power of Attorney is to be submitted along with
the Tender in Packet „A‟. Tender not accompanied by such
documents will not be considered.
(Signature of Tenderer) TENDER NO……………………………. Page 12 of 45
3.4 Acceptance or non -acceptance of any Tender shall rest with
the Railway Administration of Northern Railway,
_________Division for and on behalf of President of India at his discretion and he shall not be bound to accept the lowest
or any other offer and shall have full authority and discretion
to divide or reduce or increase the volume of work or to accept
the Tender partly and he shall not be bound to assign any reason whatsoever for any of his action.
3.5 The administration reserves the right to accept or reject any
Tender. Authority for acceptance or otherwise of the Tender
will rest with the Northern Railway Administration which does not bind itself to accept any quotation or to assign any reason
for rejecting/ accepting the same.
3.6 The tender document must be accompanied with EMD of Rs.____. In case Earnest money is not submitted with the
tender document the offer will be summarily rejected.
3.7 Firms registered with NSIC have to submit a valid registration
issued by NSIC and shall be governed as per the laid down rules and provisions of NSIC/Government.
3.8 The tenderer/s shall keep the offer open for a prescribed period
of 90 days from the date of opening of the tender in which period tenderer/s cannot withdraw his/their offer subject to
period being extended further if required by mutual agreement
from time to time. It is understood that tender documents have
been sold/issued to the tenderer/s and the tenderer/s is/are being permitted to tender in stipulation on his/their part that
after submitting his/their tender he/they will resile from
his/their offer or modify the terms and conditions thereof in a
manner not acceptable to the Northern Railway should the
tenderer fail to observe to comply with the forgoing stipulation the amount deposited as security as due performance of the
stipulation and to keep the offer open for the specified period
shall be forfeited to the railway. If the tender is accepted, the
amount of all earnest money will be held as initial security deposit for due and faithful completion of the contract. The
earnest money of the unsuccessful tenderer/s will save as
herein provided be returned to the unsuccessful tenderer/s
within reasonable time but, railway shall not be responsible for any loss or depreciation that happen to the security for the due
performance of stipulation and to keep the offer open for a
period as stipulated in the tender documents or to the earnest
money while in railway possession nor will be liable to pay interest thereon.
(Signature of Tenderer) TENDER NO……………………………. Page 13 of 45
3.9 The Earnest Money should be in the form of pay order or
demand draft, executed by State Bank of India or any of the Nationalized banks or by a scheduled Bank.
3.10 Tender/s with the Earnest Money in any form other than those
specified in3.9above shall not be considered.
3.11 Any request for recovery from outstanding bills for earnest money against present tender will not under any circumstances
be considered. 3.12 No interest is payable upon the Earnest Money and Security Deposit or
any other payment payable to the Tenderer/Contractor under this
contract.
3.13 Tenders without or with less earnest money will be summarily
rejected. 3.14 The earnest money of the successful tenderer will be liable to be
forfeited if he does not fulfill any of the following conditions-
3.14.1 Execution of the agreement within 30 days from date of issue of LOA (Letter of Acceptance ) by railway administration.
3.14.2 Failed to start the work after award of contract with in
stipulated time as mentioned in clause 12.0 of Chapter H.
4 Security Deposit - The Earnest Money deposited by the successful tenderer 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 details are in para 7.0 of
Chapter H (Page No.45).
5. Period of contract
The contract will be for a period of ________ from the date of
commencement of contract.
6.0 Conflict of interest
6.1 Railway Administration considers “Conflict of Interest”, to be a
situation in which party has interests that could improperly influence the Tendering process or that party‟s Performance of
official duties or Responsibilities, Contractual Obligations or
Compliance of applicable laws and regulations. Any
Tenderer(s), which in the opinion of Railway Administration has
or may have the likelihood of a conflict of interest, shall be disqualified. Without limiting the generality of the above, a
Tenderer shall be considered to have a conflict of interest that
affects the Tendering process, if;
(a) Such Tenderer, its Member ( in case of Partnership firm)
or any of its Constituents and any other Tenderer for the
(Signature of Tenderer) TENDER NO……………………………. Page 14 of 45
same work, its Member or any of its constituents have
cross ownership interest; provided that this disqualification
shall not apply in case the direct or indirect ownership/Shareholding (of paid up and subscribed
shares) of a Tenderer, its Member or any of its constituent
in the other Tenderer, its Member or any of its constituent
is less than 10% (Ten percent); or Special instructions to tenderer and regulations for Tenders & contract
(b) Such Tenderer or a Member of such Tenderer is also a
member of another Tenderer for the same work; or
(c) Such Tenderer has the same authorized
Signatory/representative for a tender as any other
Tenderer for the same work; or
(d) Such Tenderer, its Member or any of its Constituent has
participated as consultant to Railway in the preparation of
any document, design or technical specifications for the
same work; or
(e) If legal, financial or technical advisor of Railway for the
same work is or has been engaged by Tenderer, its
Member or any of its Constituent in any manner for matters related to or incidental to the same work during
or prior to the Tendering process up to the signing of
Agreement; or
(f) Such Tenderer, its Member or any of its Constituent and the
consultant of Railway for the same work, its Member or
any of its Constituent have cross ownership interest;
provided that the disqualification shall not apply in cases
the direct or indirect ownership/shareholding (of its paid up and subscribes shares) of a tenderer, it Member or any
of its Constituents in the consultant of Railway for this
work, its Member or any of its Constituent, or vice versa,
is less than 10% (ten percent); or
(g) Such Tenderer, it Member or any Constituent thereof
received or has received any direct or indirect subsidy,
grant, concessional loan or subordinated debt from any other Tenderer for the same work, it‟s Member of
Constituent, or has provided any such subsidy, grant
concessional loan or subordinated debt to any other
Tenderer for the same work, its Member or any Constituent thereof; or
(Signature of Tenderer) TENDER NO……………………………. Page 15 of 45
(h) Such Tenderer, or any Constituent thereof, has a
relationship with any other Tenderer for the same work, or any Constituent thereof, directly or through common third
party/parties, that puts either or both of them in a position
to have access to each other‟s information about, or to
influence the Tender of either or each other for the same work.
6.2 Disqualification specified under sub clause 6.1 (a) to (h) shall
not apply to the Tenderer or its Member of both Public and Private unless and until such Tenderer or its Member is a
Constituent of another Tenderer or its Member or Railway
Consultant for the same work.
6.3 Tenderer/Each Member of the firm shall submit the following
documents on the basis of which it has arrived at the conclusion
that it does not have any Conflict of interest:
(i) List of Constituents along with their shareholding and registered office address;
(ii) The details of each of shareholders holding more than 10%
in the firm, each of its members and their Constituents;
(iii) A chart showing the relationship of the Tenderer/Members of
the firm with their respective constituents.
6.4 Notwithstanding anything contained herein above, Railway may,
after opening of Tender, seek a reconfirmation that there is no
conflict of interest among the Tenderer, Members and /or
Constituents of the Tenderer/Members of the firm, within a
period to be stipulated by Railway. Railway will also seek reconfirmation from its legal, financial or technical advisors that
there is no conflict of interest with Tenderers.
7.0 Fraud and Corrupt Practices
7.1 The tenderers and their respective officers, employees, agents
and advisers shall observe the highest standard of ethics
during the Tendering Process and subsequent to the issue of
the LOA and during the subsistence of the Agreement. Notwithstanding anything to the contrary contained herein, or
in the LOA or the Agreement, Railway may reject a Tender
without being liable in any manner whatsoever to the tenderer
or the Contractor if it determines that the tenderer or the Contractor, as the case may be, has, directly or indirectly or
(Signature of Tenderer) TENDER NO……………………………. Page 16 of 45
through an agent, engaged in corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive
practice in the Tendering Process. In such an event, Railway shall-
7.1.1 Forfeit and appropriate the Tender Security as
determined by Railway, without prejudice to any other right or remedy that may be available to Railway
hereunder or otherwise.
7.1.2 Shall debar the tenderer to participate in any Tender,
etc. on Indian Railway for a period of 1 (one) year from the date occurrence of such event.
7.2 For the purposes of this Para, the following terms shall meaning
hereinafter respectively assigned to them-
7.2.1 “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of
anything of value to influence the actions of any person
connected with the Tendering Process (for avoidance of
doubt, offering of employment to, or employing, or
engaging in any manner whatsoever, directly or indirectly, any official of Railway who is or has been
associated in any manner, directly or indirectly, with
the Tendering Process or the LOA or has dealt with
matters concerning the Agreement or arising thereof, before or after the execution thereof, at any time prior
to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the
service of Railway, shall be deemed to constitute influencing the actions of a person connected with the
Tendering Process); or (ii) engaging in any manner
whatsoever, whether during the Tendering Process or
after the issue of the LOA or after the execution of the
Agreement, as the case may be, any person in respect of any matter relating to the award of contract or the
LOA or the Agreement, who at any time has been or is
a legal, financial or technical adviser of Railway in
relation to any matter concerning the award of contract;
7.2.2 “fraudulent practice” means a misrepresentation or
omission of facts or suppression of facts or disclosure
of incomplete facts or submission of fake document, in order to influence the Tendering Process;
7.2.3 “coercive practice” means impairing or harming or
(Signature of Tenderer) TENDER NO……………………………. Page 17 of 45
threatening to impair or harm, directly or indirectly,
any person or property to influence any person‟s
participation or action in the Tendering Process;
7.2.4 “undesirable practice” means (i) establishing contact
with any person connected with or employed or
engaged by Railway with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Tendering Process; or (ii) having a
Conflict of Interest; and
7.2.5 “Restrictive practice” means forming a cartel or arriving
at any understanding or arrangement among tenderers with the objective of restricting or manipulating a full
and fair competition in the Tendering Process.
8.0 Miscellaneous
8.1 Railway in its sole discretion and without incurring any
obligation or liability, reserves the right, at any time, to;
8.1.1 Suspend and/ or cancel the Tendering Process and/ or amend and/ or supplement the Tendering Process or
modify the dates or other terms and conditions relating
thereto;
8.1.2 Retain any information and/ or evidence submitted to Railway by, on behalf of, and/ or in relation to any
tenderer; and/ or
8.1.3 Independently verify, disqualify, reject and/ or accept any
and all submissions or other information and/ or evidence submitted by or on behalf of any tenderer.
8.2 It shall be deemed that by submitting the Tender, the
tenderer agrees and releases Railway, its employees,
agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related
to or arising from the exercise of any rights and/ or
performance of any obligations hereunder and the
Tendering Documents, pursuant hereto, and/ or in connection with the Tendering Process, to the fullest
extent permitted by applicable law, and waives any and
all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.
8.3 The Disclaimer as set forth at the outset of this document
(Signature of Tenderer) TENDER NO……………………………. Page 18 of 45
and the Agreement as stated in this Document shall be
deemed to be the part of this Document.
8.4 The Selected tenderer shall have to execute the Agreement in the manner and format as indicated by
Railway in this Document and no material changes shall
be permitted for submission by the Selected tenderer.
8.5 The tenderer shall not decrease the offered rates in case the Railway Administration negotiates for rates. Such
negotiation shall not amount to cancellation or withdrawal
of the original offer and rate originally quoted would
continue to be binding on the tenderer. The authority for acceptance of tenders will rest with Northern Railway
Administration, …………, who does not bind itself to accept
the highest financial Tender or any Tender nor does he
undertake to assign reasons for dealing to consider any particular Tender or tenders.
8.6 Non-compliance with any of the conditions given herein
will result in the Tender being rejected.
8.7 Partnership Firm and JV will be governed on the basis of
the Board‟s policy and GCC on works, circulated from time to time.
8.8 All documents as required in this tender document shall be
submitted without fail. No additional documents, which shall change the basic character of the tender or
influence the decision of the tender committee, shall be
asked from the tenderer.
(Signature of Tenderer) TENDER NO……………………………. Page 19 of 45
Chapter E
EVALUATION CRITERIA
1.0 Evaluation of tender shall be done as per extant rules and the
criteria as mentioned in the Tender document.
2.0 The right of acceptance or non- acceptance of any tender shall
rest with the Railway Administration i.e. Northern Railway, ………………Division for and on behalf of President of India at its
discretion and it shall not be bound to accept the lowest or any
other offer and shall have full authority and discretion to
reduce or increase the volume of work or to accept the tender partly and he shall not be bound to assign any reason,
whatsoever, for any of his action.
3.0 Evaluation
3.1 Evaluation of tender shall be based on minimum eligibility conditions as mentioned in para 2.1, 2.2 and 2.3 of Chapter D
and on financial offer.
3.2 The tender committee, while finalizing the tender may evaluate
the responsiveness of the tenderers.
3.3 In case 2 or more than 2 tenderers qualifying in technical criteria, quote the same rate in financial tender, the tenderer
with highest turnover for all the three years together would be
considered for award.
3.4 The tenderer with the highest offer shall be assigned the contract.
(Signature of Tenderer) TENDER NO……………………………. Page 20 of 45
Chapter F POWER OF ATTORNEY FOR SIGNING OF TENDER
(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) Know all men by these presents, I/We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./Ms.(name), ____________ son/daughter/wife of __________________ and presently residing at _________________ who is presently employed with us and holding the position of ________________ , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our tender for the award of the contract for “Tender For Normal Pay & Use Toilet for Operation & Maintenance Contract at___________ Railway Station” for which proposals are invited by Railway including but not limited to signing and submission of all
Tenders, tenders and other documents and writings, participate in tenderers and other conferences and providing information/ responses to Railway, representing us in all matters before Railway, signing and execution of all contracts including the Agreement and undertakings consequent to acceptance of our Tender, and generally dealing with Railway in all matters in connection with or relating to or arising out of our Tender for the award of contract to us and/or till the entering into of the Agreement with Railway. AND I/ we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF I/ WE,_____________________ THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ____________ DAY OF _________MONTH OF__20_____, in presence of following witness For ______________ (Signature, name, designation, address , Adhar Card No.and stamp size photo of the Executants/s)
Executed and signed before me on this ___________day of _________20_____ Witnesses (Name & Address) (Signature to be verified by Employer/Banker/Notary)
1. (Notarized)
Name of Notary Public:- Registration No.:-
Place:- 2.
Accepted …………………………… (Signature)(Name, Title, Address & Photo of the Attorney) Note
o The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of
the executants(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.
o Wherever required, the tenderer should submit for verification the extract of the charter documents and documents such as a board or shareholders‟ resolution/ power of attorney in favor of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the tenderer.
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Chapter G
FORMAT OF AFFIDAVIT
(FORMAT FOR affidavit duly attested by OATH COMMISSIONER/ NOTARY PUBLIC)
I________________ s/o _____________r/o ________________ do hereby solemnly affirm and forward this affidavit in my capacity as an individual/ partner
of firm ___________________________ / Director of Body Corporate _______________ / and solemnly affirm and state as under-
1. That I am competent to swear this affidavit on behalf of company/firm etc. namely M/s_____________
2. That neither any official of company M/s__________________________or any staff member has ever been convicted in Civil or Criminal offence under state or statutory laws.
3. That M/s_____________________________ has never been debarred or blacklisted by Railway Administration or Government of India or any private/public organization.
4. That M/s ____________________ has participated in the assessment orders amounting to Rs. ______________ by Railway Administration or Government of India.
5. That M/s ___________________ participated as Joint Venture Firms along with M/s ____________for the contractual value of more than Rs. 25Crores. An attested copy of the allotment letter of the said contract is enclosed here with.
6. I hereby declare that I have not been convicted in a criminal case and do not have a criminal record.
(DEPONENT)
VERIFICATION I understand that in case a false certificate/ information being detected at any
stage, it would result in termination of contract and banning of business dealing with the tenderer.
Verified at ________________ on _________ day of ________month of ___ yearand I, the above named deponent do hereby verify that the contents in the above affidavit are true and correct to the best of my knowledge and belief. No part of this affidavit is wrong and nothing material has been concealed there from
DEPONENT
(NOTARY)
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Chapter H
AGREEMENT
This Agreement(the “Agreement”), is executed at __ on this ___
day of ___ 20___,
BETWEEN
“The President of India acting through the Sr. Divisional Commercial Manager, Northern Railway,…….. Division hereinafter called “The
Railway Administration” (which expression shall unless the context
does not so admit, includes his successors in office and assignees) on
the one part”
AND
“M/s.____________________________________ hereinafter
referred to as Contractor (which expression shall unless excluded by
context, includes the successors, legal heirs, executors, administrators and assignees) on the other part through
Mr./Mrs.__________________.
"Railway" and "Contractor" shall hereinafter be collectively referred
to as 'Parties'. Now this agreement witnessed as follows-
1. Wherein it is mutually agreed for the performance of the contract
for Normal Pay & Use Toilet for Operation and Maintenance at
_______ Railway Station for a period of ______years as per accepted offer.
2. The Railway Administration and the Contractor both hereby agree
that the Contractor shall duly perform the said works in the manner as laid down in the terms & conditions enclosed herewith.
3.In this agreement words and expressions shall have the same
meaning as are respectively assigned to them in the condition of
contract referred to.
4.The following documents shall be deemed to form and be read
construed as part of this agreement-
a) b)
c)
d)
In witness thereof the parties hereto have signed & caused
respective seals on the day & year above written
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Contractor
(Signature and seal of authorized
Official) Date
Address
Designation
(Signature and seal of
authorized Official) Northern Railway
(For President of India)
Name & Signature of witnesses with their addresses
a. ____________________________________________
b. ____________________________________________
Note:-
The stamp duty shall be applicable as per prevailing stamp duty in
various states where the Divisions are situated and same may be
ascertained from the respective legal cell /RAs when and where the different instruments are executed.
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Terms & Conditions of Contract Agreement for “Normal Pay & Use
Toilet for Operation & Maintenance at ___________ Railway Station for a period of _____ years”
1.0 Period of Contract
The contract will be awarded for a period of ________ years from ____________
to _________________.
2.0 Basic Facilities to be provided by Service Provider
As given under clause 3.0 below.
3.0 Maintenance of toilets by Service Provider
3.1 Adequate number of safaiwalas based on the requirement as decided by the
Sr.DCM/DCM (Independent charge) of division.
3.2 Staff deployed should be literate and courteous.
3.3 Contractors to ensure that staff shall wear proper uniform and name badge.
Attendance should be ensured on biometric system.
3.4 Proper schedules and rosters for continuous manning to be displayed as decided
by the Sr.DCM/DCM (Independent charge) of the division.
3.5 Ensure proper cleaning as and when required and also as per the schedule
fixed.
3.6 Schedule of routine cleaning based on frequency and usage and (or) as per
agreement to be displayed.
3.7 Standard cleaning materials and equipment should be used and also should be
available round the clock as approved/decided by the division. Divisions based
on standard practice/experience at stations and in trains can approve/decide
cleaning material/machine /equipment.
3.8 Ensure odour less toilet by using anti odour material like fresheners, odonil,
naphthalene balls etc.
3.9 Hand tissue paper and hand drier machine to be provided near wash basin at all
A1, A & B category of stations.
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3.10 Sufficient number of litterbins should be provided.
3.11 Safety and security of passengers/users should be ensured.
3.12 Prevent any encroachment in/adjoining the toilet.
3.13 Proper disposal of drainage upto the pitfall and prompt clearing of any choking
of drainage to be ensured promptly.
3.14 Proper litter/garbage disposal beyond railway limits or at the locations approved
by Railways to be ensured.
3.15 Cleanliness/Hygiene of surroundings of toilets (3 meters) to be ensured.
3.16 Minor repairs to the taps, flush outs and replacement of hosepipes should be
ensured.
3.17 Ensure white washing and painting etc. as and when required.
3.18 Ensure prompt repair of potholes, cracks, concrete joints, electric fitting,
lighting, sanitary fittings and signage.
3.19 At all A1, A & B category of stations machine cleaning of floor and sanitization
of toilets with steam cleaning to be done as per schedule decided by the
division.
3.20 Toilets to be no smoking zones and a display according should be done.
4.0 WATER AND ELECTRICITY CHARGES
4.1 Water and Electricity for Normal Pay and Use toilets are to be provided by Railways for all category of stations, subject to conditions indicated below.
4.2 Water and Electricity charges shall be levied as per the extent policy of Railway
Board subject to adherence of Railway Board policies issued from time to time.
4.2.1 No unauthorized tapping of water shall be done.
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4.2.2 Water meter shall be provided to monitor the water consumption.
4.2.3 No extra water connection from the earmarked one shall be provided so
as to avoid misuse of water.
4.2.4 No wastage of water allowed other than nominated use.
4.2.5 In case of shortage of supply of continuous running water at any station,
water can be stored in additional tanks but it should be ensured that
there is no breeding of mosquitoes etc. in and around stored water.
4.2.6 The design of the water tap should be approved by the Sectional
Sr.DEN/DEN and should be such that water wastage is avoided.
4.3 Electric & Water meter will be provided by Railways and cost of meters,
rent of meters and installation charges are to be borne by the contractor
subject to the following conditions-
4.3.1 Only Energy Efficient lighting shall be provided and the quantity shall be
optimum.
4.3.2 Natural lighting shall be used during the day time to the maximum
extent.
4.3.3 Exhaust fan of standard brand (ISO certified) of appropriate size and
quantity shall be assessed and provided based on the size of the toilets.
4.3.3 No plug point shall be provided so as to avoid misuse of energy.
4.3.4 There shall be no unauthorized tapping of power supply.
4.3.5 Energy meter shall be provided to monitor the energy consumption.
5.0 SERVICE CHARGES
5.1 Use of urinal should be free of charge.
5.2 The Contractor can charge the users/passengers Rs. 05/- (five)for using
latrine and Rs. 10/-(ten) for using bathroom at A1, A & B category of
stations. At D, E, & F category of stations the user charges shall be Rs 04 for
latrine and Rs 06 for bath. However, at A1& A category of stations divisions
reserves the right to increases these charges based on the local conditions.
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5.3 The usage charges can be revised every 3 years suitably in
consultation with licensee/contractor during the currency of the
contract.
5.4 The rate list should be displayed at noticeable locations/entry points to the
toilets.
5.5 The Contractor should issue a receipt to the users/passengers for the
services provided.
6.0 LUMPSUM LICENSE FEES
6.1The Contractor shall pay an annual license fees through a Demand Draft to the
Railways as quoted in the financial tender
6.2The payment of license fees will be on half yearly basis and to be paid in advance
within ten days of the first month when payment is due.
6.3In case of delay in the timely payment of licence fee, Sr. DCMs will be empowered
to condone the delay for the first month on receipt of application from the
contractor if he is satisfied and the reasons for delay mentioned by the
contractor are found to be genuine and unavoidable on his part.
6.4For any delay in payment of license fees, a penalty of two percent will be
levied on the due amount in first month not complying provisions as given
in para 6.2. In second month, penalty will be increased to three percent. After
two months delay the security deposit will be forfeited and process of
termination shall be initiated.
6.5There will be an annual increase of seven percent in license fees.
6.6 In case of revision of usage charges are done in accordance to para 5.3 license
fees to be paid by the contractor will be revised on pro-rata basis at the time of
revision of usages charges and henceforth annual increase of 7% as detailed in para 6.5 shall be applicable.
7.0 SECURITY DEPOSIT
7.1 The security money should be equivalent to 03 months of the annual licence
fee for the first year to be paid in advance in form of bank draft or FDR
after adjusting the EMD amount before signing the agreement.
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7.2 The validity of the security deposit should be upto the completion of
contract plus one extra year to cover any eventuality.
7.3 The Security deposits shall be released on after completing the contract after
ensuring that the Railway premises is handed over by the contractor after
proper cleaning and removal of the debris with all assets intact with certificate
issued to this effect by SM/SS of the concerned station as well as no dues from
electricity and other charges.
8.0 PERIOD OF CONCESSION
8.1 The period of Concession Agreement for, 'normal Pay and Use' toilets for
Operation & Maintenance will be 3 years. In this regard it must be clear that it
is neither a land lease agreement nor the contractor is paying land license fee.
This is a contract purely on operation and maintenance of toilet with full
land ownership right vested with Railways.
9.0 RENEWAL/EXTENSION
RENEWAL 9.1 After completion of concession period, the contract can be renewed
further at the discretion of the division in case of satisfactory
performance of the agency subject to structural soundness and
aesthetics of the toilet for 2 years. However, this renewal should have
personal approval of DRM.
9.2 Renewal shall be done @ 25% increase on the last year‟s licensee fee of
running contract.
9.3 The annual increase in licensee fee will be @7% every year during the
renewed period also.
10.0 EXTENSION
10.1 Extension can be granted by the division if renewal has not been considered
by division and fresh tender has not been finalized, performance being
satisfactory.
10.2 After expiry of Contract period the contract can be extended for one year
or till the finalization of the new contract, whichever is earlier by the
division in consultation with finance and approval of competent authority.
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11.0 TERMINATION OF CONTRACT
11.1 The Railways can terminate the contract in case of continued non-compliance
of Service conditions by the Service-Provider with one month's advance
notice.
11.2 In case the contractor wants to terminate the contract, he may have to give
6 month‟s prior notice.
11.3 In case of 11.1 & 11.2 above, the assets will then be transferred to SM/SS of
the station at the Depreciated Replacement Value, which will be determined
by the Railways as per extant policy. The Railways will be free to for the
contract out the same asset.
11.4The Railway Administration shall be at liberty to terminate the contract by
issuing 1 months‟ notice of termination. Date and time of above written
notices are effective from the date of serving the letter to the contractor/project in charge/ shift in charge or supervisor deployed by the
contractor. In case the contractor wants to terminate the contract, he may
be have to give 06 month‟s prior notice.
12.0 COMMENCEMENT OF OPERATION
12.1 The operation shall start within one month of date handing over the site to the contractor .
12.2 No extension shall be given under normal conditions. However, if Railways
is satisfied that delay, if any, has been caused on railway account extension may be granted for the period to the extent of delay caused.
To avoid delay in project, the concerned departments should provide
necessary permissions at the earliest and responsibility should be fixed to
avoid financial losses to the railways on account of delay.
12.3 In case of delay on part of the contractor to start operation, a penalty of
1% of the annual license fee shall be levied for the first month which shall
be increased to 2% in the following month. In case of delay of more than 2 months penalty shall be 5% per month.
13.0 TAX LIABILITY
13.1 The Contractor shall be responsible for all the taxes liabilities to be paid to civic
agencies or to other agencies as applicable from time to time for the services
rendered by him. There will be no tax liability upon the Railways whatsoever
on any account.
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14.0 PUNITIVE CLAUSE
14.1 Railways can impose fine on the Contractor if the desired level of cleanliness
is not maintained and for lack of proper upkeep, facilities, etc.
14.2 The details of fine to be imposed on contractor is given in Clause No. 23.1 to
23.11. Railway administration reserves the right to review and modify the
penalty charges, if required, during the contracted period.
.
15.0 COMPLAINTS AND SUGGESTIONS
15.1 The Contractor shall provide a complaint free service.
15.2 Contractor should also maintain a complaint and suggestion register at
the toilets which shall be made available to the users/Passengers Notice to
this effect should be put up at entry points to the toilets.
16.0 Responsibility of the service provider regarding deployment of
workforce
16.1 The service provider has to deploy sufficient workforce including shift in
charge/supervisor.
16.2 Following are the guidelines for deployment of work force-
16.2.1 The work force deployed should be physically and medically fit for the
specified jobs.
16.2.2 They should be able bodied and not suffering with any physical or mental
disability which is likely to endanger their lives in the course of their work.
16.2.3 The Contractor shall not engage any person below 18 years of age and
above 50 years of age.
16.2.4 The contractor shall not under any circumstances whatsoever, appoint
minor / child labour and shall comply with all relevant laws, rules,
notification etc. in this connection. 16.2.5 Contractors shall not in any capacity employ any person of bad character
or any person whose antecedents have not been investigated by the
police. The expenses for such verification as is necessary shall be
borne by the Contractor. 16.2.6 The work force deployed should be well mannered and courteous while
on duty.
16.2.7 The work force should wear prescribed uniform- to be finalized by the
division i.e. florescent jacket, shoes, caps/helmets and gloves etc., which should be clean.
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16.2.8 The contractor shall be responsible to provide required no. of uniforms.
Contractor shall provide not less than 3 sets of uniform so that it is always clean.
16.2.9 The work force should were photo identity card duly signed by the
Contractor and shall be pinned in uniform or hanged round the neck.
16.2.10 Contractor shall issue individual certificate to his workforce, which
shall contain a photograph of the person specifying the his/her name,
father‟s name, address and the place at which deployed, with/his/her
left/right hand thumb impression affixed thereon in printer‟s ink which.
The work force he should carry the same with him/her while on duty.
16.2.11 The contractor shall implement and comply with all the Labour laws
and regulations in force, including any subsequent amendments
thereof and the rules made there under.
16.2.12 The guidelines and instructions issued by National Commission of Safai
Karmachari Govt. of India shall be complied with by the contractor.
16.2.13 First Aid facility should be provided and maintained by the
contractor during all working hours with first aid box equipped with
prescribed contents at the working place where work force is deployed
by him.
16.2.14 The Contractor should take all safety precautions. Railway administration shall not be held responsible if the work force deployed
by the contractor sustains any injury or any incidental illness.
16.2.15 The Contractor shall be the employer for his work force and railway
administration will not be held responsible partially/fully for any dispute that may arise between the contractor and the workers.
16.2.16 The contractor has to note that the services of the work force will
purely be on contract basis and they will not be entitled for
regularization of service in Railway at any time.
16.2.17 Railway will not provide any free pass to the Contractor or his work
force for their transport and will also not provide any kind of transport
allowance.
16.2.18 Contractor shall ensure that the nominated shift in-charge deputed by
him reports to the nominated railway official at the station. The shift in charge in each shift shall remain in touch with nominated railway
official so that any special instructions can be given to him as and
when required.
16.2.19 Contractors should have “Employees‟ State Insurance” (ESI) covering death and injuries for their labour engaged for this work and shall bear
the cost for the same. In case of any default or otherwise, contractor
agrees and undertakes to indemnify and hold Railways harmless
against any liability, loses, claims, cost etc.
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16.2.20 The contractor shall ensure availability of full record of work force
deployed by him for this work. Railway shall inspect and check the attendance as and when required for the purpose of verification. In
absence of the same Railways reserves the right to terminate the
contract.
17.0 Responsibility of contractor regarding Machines& tools
17.1 The mechanized systems used for sweeping, scrubbing, drying, vacuum
cleaning, steam cleaning and high pressure water jet cleaning etc. shall be
strictly satisfactory & eco-friendly.
17.2 All the mechanized system and its accessories, tools, cleaning kits etc. shall have to be owned /hired by Contractor.
17.3 The machines deployed by the contractor shall be operated by operators
engaged by the contractor.
17.4 The worker force deployed by the contractor to operate machines should
be trained to handle such machines and its accessories, tools, cleaning kits etc. efficiently to ensure that the operations of the machines is
efficient and effective.
18.0 Responsibility of contractor regarding Material
18.1 The contractor will arrange to provide all equipment to be used for the
work defined like wipers, dustpans, wheelbarrows, brooms, buckets,
mops, dusters, pipes, spades, garbage bags, rag picking tools etc. at his own cost and nothing extra will be paid on this account.
18.2 Contractor shall use biodegradable environment friendly cleaning agents
which follows all mandatory international& national standards /norms.
They should not have pungent smell but should be soothing.
18.3 All the materials/chemicals/consumables brought to site shall be protected
suitably duly wrapped/packed and stored so as to avoid any damage to
railways during loading/unloading and handling at station. It should also
comply the packing conditions to protect it from weather conditions etc. at any stage.
18.4 The contractor shall bring the stock of all the material required for
cleaning station in advance so that there is no shortage.
18.5 Contractor shall also use wherever required bio-enzyme products to kill bad odour in urinal/drains.
19.0 Responsibility regarding garbage lifting/disposal
19.1 The Contractor shall place garbage bags in all the dustbins within the area
of contract and clear the accumulated garbage immediately into the
nominated Railway dustbin as soon as they are full and also immediately replenish the dustbins with fresh garbage bags. He shall also ensure that
the dustbins are neat and clean and free of any stains/filth such that they
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give a clean and hygienic look at all times. The garbage generated will be
disposed off at identified location by the service provider twice a day where ever all station garbage is disposed off.
20.0 General conditions
21.0
20.1 The Contractor shall ensure that the premises are not used for any
purpose other than that for which it is allowed under the Agreement. The
premises should not be used for playing games, cards etc., which
involves stakes/betting etc.
20.2 The sites and the works assigned to the Contractor by the Railways shall
not be transferred by the former to any person, Trust, Society or
Institution in any manner whatsoever at any time, whether during or after the termination of the agreement.
20.3 The Contractor shall not use or allow any person to use such toilets for
residential purpose.
20.4 The contractor should observe all statutory labour laws including but not
limited to, those of muster roll, deduction of Provident Fund, employee‟s insurance, Payment of Wages Act, Hours of Employment Regulation Act,
Contract Labour Regulation Abolition Act etc.
20.5 The successful tenderer must comply with all the safety parameters at
work and shall assume all liability, indemnity against claims if any,
including legal expenses if any arising out of any mishap, accident and
consequential matters related to this contract.
20.6 It will be ensured that toilet complexes handed over by railways to
contractors are functional and in sound condition for which handing over
certificate will be issued to them. Thereafter, for the period of contract,
any minor repair works like replacement of drain pipe of urinals/wash
basins, electrical fittings, taps etc and repair of pot holes, cracks,
concrete joints, signages will be done by the contractor at his own cost
and has to be specified by the division while floating tender.
20.7 The standard of cleanliness-sanitation conservancy shall always be to the
satisfaction of the authorized representative of the Railway
Administration whose decision in this regard shall be final and binding on
the contractor. In case of default nominated Railway Official may get the improvement done at the cost of contractor without any notice.
20.8 The Contractor should adhere to all the terms and conditions laid down
in the tender schedule.
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20.9 The contractor shall obtain all approvals/ permits etc., wherever
required, from concern competent authorities of Central/State Govt., Statutory/ Local bodies etc. on its own cost.
20.10 The contractor shall comply with the laws of the land including
environmental laws, Pollution Control Board guidelines or any guidelines
having force of law on environment & pollution from any authority,
tribunal, court etc.
20.11 The contractor should be accessible round the clock in case of
emergency/ necessity to co-ordinate with Railway administration.
20.12 The contractor must keep his / their premises open for inspection of
records by nominated railway official/ authorized representative or officers, as and when necessary. For this, the contractor must supply all
necessary records as may be required by the inspecting officials.
20.13 The Railway administration reserves the right to inspect the work at any
time through authorized representatives.
20.14 During inspections, on receipt of complaints about non-cleanliness /lack
of sanitation, the area identified have to be attended at once for which
no extra payments would be made by the Railways.
20.15 The contractor shall not be entitled to claim against the administration for any loss, which the contractor may incur on account of fire, or any
other accident or treatment to his personnel or any other cause.
20.16 The contractor shall be held responsible for the loss incurred to the
railway administration and damages caused to the property of railway or
its customers or agents/licensees permitted by Railway Administration on its premises due to activities related to contractor/ its work. The
contractor shall also indemnify railways against in event of any such
incident /accident to Railways customers. The contractor agrees and
under takes to indemnify and hold railway administration harmless against any loss so incurred.
20.17 In the event of death of the contactor during the contract period, the
legal heirs of the deceased viz., wife, son, daughter, widow dependent,
daughter-in-law may be allowed to continue the unexpired portion of the contract purely at the discretion and permission of the railway
administration on production of legal heir certificate subject to fulfilling
the terms and conditions stipulated in the agreement.
20.18 Schedule of cleaning of toilets should be displayed at the back of toilet
doors and should be signed by both the cleaning personnel assigned that job and supervisor to ensure cleaning as per schedule.
20.19 The contractor will work according to the schedule of intensive and
maintenance cleaning keeping in view peak and non-peak period at the
station as given by nominated/authorized railway official. Railway Administration may amend the schedule, if required, in accordance to
requirement at the station. No claim whatsoever on this account shall be
entertained.
20.20 The work shall be carried out in the manner complying in all respects
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with the requirements of relevant byelaws of the local body under the
jurisdiction of which the work is to be executed or as directed by the nominated Railway Official and nothing extra shall be paid on this
account.
20.21 The Contractor shall comply with proper and legal orders and direction/s
of the local or public authority/s or municipality and adhere by their rules
and regulations and pay all fees and charges, which may be liable.
20.22 Any notice required to be served by the railway administration shall be
deemed to have been served if it is dispatched to the address of the
contractor given in the agreement by registered post.
22.0 Failure on the part of the contractor
In the event of any failure on part of the contractor to fulfill any of the obligations under the contract, it shall be lawful for the railway administration
to make alternative arrangements as may be necessary to maintain the
Normal Pay & Use Toilets contract and the cost of the making alternate
arrangements/hiring man power will be deducted from the payments due to the contractor or deducted from the security deposits.
23.0 Evaluation and Grading
22.1 The effectiveness of cleaning /sanitation will be evaluated on a scale of 0-10
as per the following grading and scores will be assigned for each item in the
score card -
Condition of Toilets Rating
Clean no dirt or no stains, properly
washed & mopped 100% and no cobwebs. 100%
Clean, very slight stains with visible cleaning effort. 90%
Very light dirt or stains visible / presence of
cobwebs 80%
Minor dirt / stains visible, washing & mopping
not proper, presence of rag, drain not cleaned properly. 60%
Fair amount of dirt and stains visible, poor cleaning activity, drains not attended properly.
40%
Severe dirt and stains visible, lack of washing & cleaning. 20%
Extreme dirt/stained, not washed or mopped cobwebs present 0%
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22.2 The evaluation shall be done by Railway official just after cleaning by
contractor. The quality of cleanliness surface i.e. floor, door/window, cladding, glass etc. should be reassessed after drying.
22.3 The Contractor should strictly adhere to ratings of 9 & 10. The grading
given for each item on score card shall be summed up to a maximum of
100%.
22.4 The overall rating for the entire area will be considered and only scores more than 90% shall be acceptable.
23.0 Penalty Clause
23.1 The contractor should ensure that the overall scores be equal to or more
than 90%. If the rating is found to be less than 90%, then a penalty as
specified below shall be imposed and recovered. No penalty shall be
applicable during extraordinary circumstances i.e., political mob, disaster,
Bandh etc. However, the contractor should make necessary efforts to maintain the score more than 90%.
S.
N
Overall Rating Penalty, if any
1. 80-90% 500/-
2. 80-70% 1000/-
3. 70-60% 2000/-
4. 60-50% 3000/-
5.
Less than 50% 5000/- to 10000/-
23.2 The Railway Administration will terminate the contract if the services
provided by the contractor is consecutively unsatisfactory (below 5
rating) for 10 days. Railways will not entertain any claim in this regard.
23.3 Railways authorities will supervise all work through its nominated official
on daily basis and a record will be maintained for each activity completed.
The contractor will be penalized for activities not done or if the quality of
work or materials used is of substandard specifications. 23.4 Railway Officials of different ranks will be inspecting the quality of
cleanliness- sanitation from time to time. In case of adverse remarks of
any inspecting official or public complaints received on
cleanliness/sanitation (Registered in the available complaint book in the
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station and found to be valid by the Railway authority) the contractor will
be liable for a penalty of 500/- (Rupees five hundred only) to Rs.1000/- (Rupees one thousand only) or the compensation awarded to complainant
in any court of law or in consumer court or both.
23.5 If there is non-performance / bad workmanship / non-satisfactory work,
contractor would be served with 7 days‟ notice to make good the same. On expiry of 7 days‟ notice, if contractor fails to make good or
performance does not improve, then Railways have the liberty to issue 7
days notice of termination. On expiry of 7 days notice period, contract
would be terminated by issuing a letter and on such termination, contractor‟s entire security deposit available with Railways plus any dues
arising from the works executed by the contractor will be forfeited.
23.6 The contractor shall engage sufficient workforce to maintain standards of cleanliness– sanitation conservancy or as suggested by Railways. Penalty
of double the minimum wages shall be levied per day per manpower not
engaged by the contractor.
23.7 The Workforce engaged by the contractor should always be in prescribed
uniform, identity badges & if they are found without these, Railway may
impose penalty Rs 500/- per day per case.
23.8 In case the workforce misbehaves with passengers of nominated inspecting officials, a penalty of Rs 1000/ shall be imposed.
23.9 Penalty up to 10 times of labour value for violation of Minimum Wage Act
will be imposed.
23.10 The contractor shall use consumables in suggested qualities and numbers
or as per requirement. Penalty of Rs. 1000/day + cost of material will be
imposed for nonuse of prescribed chemicals. 23.11 In case overcharging is proved a penalty of Rs 2000/ shall be imposed. In
case such 3 cases are detected in one month than the contract shall be
terminated.
Note:-
Penalty mentioned above shall be levied by Sr.DCM/DCM on recommendation of Station Manager or Railway Official nominated for the purpose, if required.
The above penalties are liable to be imposed comprehensively or collectively
depending upon the seriousness of lapses. However, due care will be taken
to avoid the duplicity in regard of imposition of penalty.
24.0 Modification in Agreement
Any addition/alteration/change/modification/review and extension can be made
to this Agreement, only in writing with the mutual consent of the contractor and
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the Railway Administration as per policy and Schedule of Powers, applicable on
Northern Railway.
25.0 Arbitration
25.1 Demand for Arbitration 25.1(a) Any Dispute, difference or controversy of whatever nature howsoever arising
under or out of or in relation to this agreement (including its interpretation) between Railway Administration and the Licensee/Contractor and so notified in writing by either Party to the other party (the “Dispute”) shall in the first instance, be attempted to be resolved amicably.
25.1(b) Any Dispute, difference or controversy which is not resolved amicably within
30 days then any claim(s) on disputed matters shall be demanded in writing that the dispute or difference be referred to arbitration. Such arbitration shall be governed and held in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
25.1(c) The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item-wise if any. Only such dispute or difference, in respect of which the demand has been made, together with counter claims or set off, given by the Railway, shall be referred to arbitration and other matters shall not be included in the reference.
25.2 Appointment of Arbitrator:-
25.2(a) The parties may waive off the applicability of sub-section 12(5) of Arbitration and
Conciliation (Amendment) Act-2015, if they agree for such waiver, in writing, after dispute having arisen between them, in the format given under Annexure-I of the agreement.
25.2(b) Appointment of Arbitrator where applicability of section 12(5) of Arbitration and Conciliation Act, 1996 has been waived off:-
25.2 (b)(i) In cases where the total value of all claims in question added together does not
exceed Rs. 1,00,00,000/-(Rs. One Crore only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a Gazetted Officer of Railway nominated by the General Manager. The Gazetted officer so appointed, however, will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway Administration.
25.2(b)(ii) In cases of claims of more than Rs. one crore, the Arbitral Tribunal shall
consist of a Panel of three Gazetted Railway Officers or 2 Railway Gazetted officers and a retired Gazetted Railway Officer, as the arbitrators. The Gazetted officer(s) so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have pressed views on all or any of the aspects of the matter under such dispute. For this purpose the Railway will send a panel of at least four (4) names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the Railway Administration. Contactor will be asked to suggest at
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least 2 names out of the panel for appointment as contractor‟s nominee within 30 days from the date of dispatch of the request by Railway. The General Manger shall appoint at least one out of them as the contractor‟s nominee and will, also simultaneously point the balance number of arbitrators either from the panel or from outside the panel, duly indicating the „Presiding Arbitrator‟ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor‟s nominees.
25.2(c) Appointment of Arbitrator where applicability of section 12 (5) of
Arbitration and Conciliation Act, 1996 has not been waived off:- 25.2(c)(i) In cases where the total value of all claims in question added together does not
exceed Rs. 1,00,00,000/-(Rs. One Crore only), The Arbitral Tribunal shall consist of a Sole Arbitrator who shall be a retired Gazetted Officer of Railway nominated by the General Manager. The retired Gazetted officer so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway Administration.
25.2(c)(ii) In cases of claims of more than Rs. one crore, the Arbitral Tribunal shall
consist of a Panel of three retired Gazetted Railway Officers. The retired Gazetted officer so appointed, however will not be one of those who had an opportunity to deal with the matter to which the contract relates or who in the course of their duties as Railway servant have expressed views on all or any of the aspects of the matter under such dispute. For this purpose, the Railway will send a panel of at least four (4) names of retired Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the Railway Administration. Contactor will be asked to suggest at least 2 names out of the panel for appointment as contractor‟s nominee within 30 days from the date of despatch of the request by Railway. The General Manger shall appoint at least one out of them as the contractor‟s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the „Presiding Arbitrator‟ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of a appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor‟s nominees.
25.3 Cost of Arbitration The cost of Arbitration shall be borne by the respective parties. The cost
shall inter-alia include fee of the Arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall be borne equally by both the parties, provided parties sign an agreement in the format given at Annexure-II of the agreement after referring these disputes to arbitration. Further, the fee payable to the Arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the facts whether the
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Arbitrator(s) is/ are appointed by the Railway Administration or by the court of law unless specifically directed by Hon‟ble court otherwise in the matter.
25.4 Place of Arbitration
The Venue of such Arbitration shall be at the place where the agreement has been signed and executed or as decided by the Arbitrator and the language of the Arbitration proceeding shall be English or as decided by the Arbitrator.
25.5 Obligation During Pendency of Arbitration 25.5(a) Work under the contract shall, unless otherwise directed by the Railway,
continue during the arbitration proceedings and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.
25.5(b) Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.
25.6 Others
In the event of arbitrator (s) dying, neglecting or refusing to act for any reasons or his award being set aside by the Court for any reason, it shall be lawful for Appointing Authority General Manager to appoint another Arbitrator in place of the outgoing Arbitrator.
25.7 The Arbitration Award shall be executed on stamp paper in accordance with the applicable Stamps Duty Act.
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Annexure-I
Agreement towards Waiver under Section 12 (5) of Arbitration and Conciliation Act,1996. I/we…………………………(Name of agency/contractor) with reference to agreement no…………………..raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims: Brief of claim: (i) Claim 1 – Detailed at Annexure – (ii) Claim 2 – (iii) Claim 3 –
I/we……………………..(post of …………….) with reference to agreement no…………………hereby raise disputes as to the construction and operation of this contract, or the respective rights and liabilities, withholding of certificate and demand arbitration in respect of following claims:
I/we…………………do/do not agree to waive off applicability of section 12 (5) of Arbitration and Conciliation Act,1996.
Signature of Claimant ____________Signature of Respondent_________
Witness By
1. Name :- 2. Address :-
1. Name:- 2. Address:-
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Annexure-II
Agreement under Section 31 A (5)
I/we……………. (name of claimant) with reference to agreement no……………..hereby waive off the applicability of sub section 31 A (2) to 31 A (4) of the Arbitration and Conciliation Act,1996. We further agree that the cost of arbitration will be shared by the parties as per Clause 27.3 of this agreement.
Signature of Claimant ____________Signature of Respondent________
*Strike out whichever not applicable.
Witness By
3. Name :- 4. Address :-
3. Name:- 4. Address:-
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Annexure-III
Certification by Arbitrators appointed :-
1. Name : 2. Contact Details : 3. Prior Experience (Including Experience with Arbitrations): 4. I do not have more than five on-going Arbitration cases with me : 5. I hereby certify that I have retired from Railways w.e.f._______ and empanelled as
Railway Arbitrator as per „The Arbitration and Conciliation Act-1996‟. 6. I have no any past or present relationship to the subject matter in dispute, whether
financial, business, professional or other kind. The list of such interests is as under : 7. I have no any past or present relationship with or interest in any of the parties whether
financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of The Arbitration and Conciliation Act-1996.
Or
I have past or present relationship with or interest in any of the parties whether financial, business, professional or other kind, which is likely to give rise to justifiable doubts as to my independence or impartiality in terms of The Arbitration and Conciliation Act-1996. The details of such relationship or interests are as under :
8. There are no concurrent Circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in particular to finish the entire arbitration within twelve months.
Or
There are Circumstances which are likely to affect my ability to devote sufficient time to the arbitration and in particular to finish the entire arbitration within twelve months. The list of such circumstances as under:
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26.0 Workmen‟s Compensation Act
The Contractor shall keep the Railway Administration indemnified and
completely absolved of any risk, damage or loss howsoever caused, due to
any kind of disturbance affecting the contractor‟s property or their personnel
under employment or otherwise engaged by them. This would include claims
under the workmen‟s Compensation Act and for losses suffered by third parties. The Railway Administration accepts no responsibility for any
loss/damage of any materials belonging to the contractor, no matter
howsoever caused.
27.0 Legal obligations
The contractor shall be responsible for carrying out all legal obligations as may
be required by the law. Broadly they are as under -
i. Shops & Establishment Act ( wherever applicable)
ii. Minimum Wages Act, 1948
iii. Payment of Wages Act 1936
iv. Contractor labour (Regulation and Abolition Act 1970)
v. Child Labour (Prohibition and Regulation) Act 1986
vi. The Workman‟s Compensation Act
vii. The contractor shall also fulfill any other required legal obligations as part of this contract.
viii. Enforcement of Employment of Manual Scavengers and construction of Dry
Latrines (Prohibitions) Act, 1993
ix. Central Sphere has notified w.e.f.01.10.2014(the minimum wages rate). The minimum wages rate should be calculated as per central sphere
x. P.F. Act & ESI Act
xi. Environment protection act & rules made therein after from time to time
xii. National Safai Kramchari Act, Protection on Civil Rights Act and Human
Rights Act
28.0 Legal Jurisdiction
All disputes are subject to the jurisdiction of the ……. High court and its
subordinates Courts only.
29.0 Contract Labour Abolition Act
The contractor shall comply with all the provisions of contract labour
(Regulation-Abolition) Act 1970 and any subsequent amendment thereof and
the rules made there under. Contractor will indemnify the Railway Administration for any loss or damage suffered by it due to violation of its
provisions.
30.0 Force Majeure
In the event of any unforeseen event directly interfering with the operation
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of contract arising during the currency of this Agreement; such as war,
insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy, acts
of God, sabotage, etc., the contractor shall, within a week from the
commencement thereof, notify the same in writing to the Railway with
reasonable evidence thereof. In such event of force majeure, if mutually
agreed by both parties, the tenure of this Agreement may be further extended for the period during which contract was not operational.
31.0 The Railway Administration shall not be responsible for any loss or damage
caused to the contractor due to total discontinuance of the scheme under
the agreement for any reason whatsoever.
32.0 Assignment or Subletting of Contract
The Contractor shall not assign or sublet the contract or any part thereof or
allow any person to become interested therein any manner whatsoever without the special permission in writing of the Railway.
33.0 For the purpose of this agreement, the competent authority is Sr. DCM,
Northern Railway, _______Division.
34.0 Execution of the Agreement
This Agreement shall be executed/entered only with the contractor on a non-
judicial stamp paper of Rs. 100/- and all cost and expenses for registration, stamp duty, etc. thereof shall be borne by the contractor.
In witness whereof, the parties have duly executed and delivered this
agreement by their duly authorized representatives as of the effective date.
Railway
By
Title
Date
IN WITNESS OF
( name & address)
Contractor
By
Title
Date
IN WITNESS OF
( name & address)