Tender Document-Hiring of vehicle-Latest TATA...

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SOUTH EASTERN RAILWAY

Description of Work : Hiring of 04(Four) Nos. of four Wheeler Pick-up vehicles(TATA-207 or similar) for Chandil , Purulia , Damodar &Bokaro OHE Depots of Electrical (TRD) Department ofADRA Division for one year.

Cost of Tender document : Rs. 2,000/-

Approximate Tender Value : Rs. 15, 08,587/-

Earnest Money : Rs 30,180/-

Completion Period : 12 Months.

Date of Tender opening : 27.07.11

Sold toM/s _______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Money Receipt No. _____________________

Date ______________

Sr.Divisional Electrical Engineer (TRD)S.E.Railway/Adra

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ADRA DIVISION

Name of Work: Hiring of 04(Four) Nos. of four Wheeler Pick-up vehicles (TATA-207 orsimilar) for Chandil , Purulia , Damodar & Bokaro OHE Depots ofElectrical (TRD) Department of ADRA Division for one year.

Sr. No. Contents Page No.1 Tender paper Money receipt form 12 Index 23 Tender Notice 3-5

4 INSTRUCTIONS TO TENDERERS & TERMSCONDITIONS.

6-19

5

CONDITIONS OF PRICES AND PAYMENT TERMS 20-22

6 SPECIAL CONDITIONS 23-24

7 TENDER FORM 25

8 INDEMNITY BOND 26

9 TENDER OFFER LETTER 27

10 RATE SHEET 28

11 TENDER SCHEDULE 29

13 Special Condition –II & EXPLANATORY NOTES. 30

12TOTAL PAGES 30

Sr.Divisional Electrical Engineer (TRD)S. E. Railway, Adra

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OPEN TENDER NOTICE NO: TRD/ADA/OT-2011/5, dtd 07.06.11Sr.Divisional Electrical Engineer (Traction Distribution), S.E.Railway, Adra, for and on behalf of thePresident of India, invites sealed tenders for the following work, from the reputedfirms/contractors/suppliers with sufficient experience and financial capabilities including thoseregistered with any Government Department or Public Undertakings and have executed similarnature of works.

1 Description of Work Hiring of 04(Four) Nos. of four Wheeler Pick-up vehicles(TATA-207 or similar) for CNI,PRR,DMA & BKSC Depots ofElectrical (TRD) Department of ADRA Division for one year.

2 Approximate Tender Value Rs.15,08,587/- (Rupees Fifteen Lakhs Eight ThousandFive Hundreds Eighty Seven only)

3 Earnest Money Deposit Rs 30,180/-(Rupees Thirty Thousands One Hundred andEighty only).

4 Cost of the Tender Forms Rs. 2000/- (Rupees Two Thousands only).

5 Completion Period 12 Months from the date of issue of LOA.

6 Date, Time & Place of Sellingof tender

Tender Forms can be obtained from the Office of theSr.Divl. Elect. Engineer (TRD), S.E.Railway, Adra and ChiefElect. Engineer, S.E.Railway, Garden Reach duringworking hrs. from 21.06.11 to 27.07.11 (14:00 Hrs) onproduction of original money receipt for Rs. 2000/- (non-refundable) Allocation Z-650

7 Date, Time & Place of Closing Up to 15:00 hrs. of 27.07.11. The Tender may be droppedin the special box available in the office of theSr.DEE.(TRD)/S.E.Railway, Adra or office of theCEE/GRC/S.E.Railway during office hours.

8 Date, Time & Place of Openingof tender

At the office of the Sr.DEE (TRD)/S.E.Railway, Adra and atthe office of the CEE/GRC/South Eastern Railway at15:30 hrs. on 27.07.11 simultaneously

9. The following documents should be specified for submission along with tender.a) List of Personnel, Organization available on hand and proposed to be engaged for the subject

work.b) List of Plant & Machinery available on hand (own) and proposed to be inducted (own hired

to be given separately) for the subject work.c) List of works completed in the last three financial years giving description of work,

organization for whom executed, approximate value of contract at the time of award, date ofaward and date of scheduled completion of the work. Date of actual start, actual completionand final value of contract should also be given with supportive documents/certificates fromthe organizations with whom they worked/are working should be enclosed. No certificatefrom private individual for whom such works are executed/being executed would not beaccepted.

d) List of works on hand indicating description of work contract value, approximate value ofbalance work yet to be done and date of award with supportive documents/certificates fromthe organizations with whom they worked/are working should be enclosed. No certificatefrom private individual for whom such works are executed/being executed would not beaccepted.

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10. Tenders must be accompanied with prescribed amount of earnest money in acceptable formas mentioned in the tender document. Earnest money in the form of Guarantee Bond willnot be accepted. Tender without prescribed earnest money will liable to be summarilyrejected.

11. Tender Documents should not be sent by Ordinary Post. Tenders received in this office byRegistered Post on or before 15:00 hrs. of 27.07.11 will be deposited in the Tender Boxbefore the closer.

12. In case the office remains closed on the date of opening of the tender for any unforeseencircumstances, the tenders will be received and opened on the next working day at the sametime and place.

13. The Railways reserves the right to accept or reject any bid including the lowest one or all theTenders or part thereof and split the contract without assigning any reason. Conditional bidsincomplete/delayed offers for any reason shall stand rejected.

14. Request for issue of tender paper through post is not acceptable.

15. Tender forms are not transferable.16. The tenderer can also download the tender documents from the NIC’s web site

http://tenders.gov.in , S.E.Railway’s website www.seRailway.gov.in/ada and at Rail net9.41.25.19/ada and can also be dropped in the tender box .However, Tenderer/s will have todeposit non-refundable Demand Draft in favour of FA & CAO, Garden Reach, S.E. Railway orMoney Receipt for requisite amount issued by Chief cashier /GRC or Divnl. Cashier/Adra orChief booking Clerk /Adra as a cost of Tender Form which will have to be attached with thetender Form otherwise the tender Form will be summarily rejected.

17. Railway administration will not be responsible for any delay/difficulties/ inaccessibility of thedownloading facility for any reason whatsoever. In case of any discrepancy between the tenderdocuments downloaded from internet and the master copy available in the office ofSr.DEE(TRD)/ADA, the latter shall prevail and will be binding on the tenderers. No claim onthis account shall be entertained.

Sr.Divl.Elect.Engineer (TRD)/ADAFor and on behalf ofThe President of India

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ADRA DIVISION

OHE Modification Works & Hiring of vehicle

Tender Notice No & Description of Work Approx. value (Rs) E.M.D(Rs.)

1.TRD/ADA/OT-2011/3, dtd. 07.06.11OHE modification work for removal ofpermanent speed restriction betweenSewbabudih-Bhojudih section as well aselimination of diamond crossing at westend yard at Rukani station of Adradivision of S.E.Railway

Rs 23,76,931/- Rs.47,540.00

2. TRD/ADA/OT-2011/4, dtd. 07.06.11Electrification/ OHE modification workfor Extension of UP Shunting neckapproximate 500 m towards SBW end atBhojudih stn for smooth shuntingoperations avoiding main line and Liftingof Dn Loop Line at KSU Yard in AdraDivision of S.E.Railway

Rs 23, 65,838/- Rs 47,320.00

3. TRD/ADA/OT-2011/5, dtd 07.06.11Hiring of 04(Four) Nos. of four WheelerPick-up vehicles (TATA-207 or similar) forChandil , Purulia , Damodar & BokaroOHE Depots of Electrical (TRD)Department of ADRA Division for oneyear.

Rs 15, 08,587/- Rs 30,180/-

Cost of Tender Forms : Rs 3,000/- for works each under Sr. No. 1 & 2 andRs 2000/- for works under Sr. No. 3

Selling of Tenders : Tender form can be obtained from the office of Sr.Divl. Elect. Engineer (TRD)/ADA or the office ofCEE/GRC/ S.E. Railway from 21.06.11 to 27.07.11(14:00 hrs.)

Date of Opening : 27.07.11 (15:30hrs.) at the office of Sr. Divl. Elect.Engineer (TRD)/ADA and the office of CEE/GRC,S.E.Railway

Tender Notice is available at NIC’s web site http://tenders.gov.in , S.E.Railway’swebsite www.serailway.gov.in/ada and at Rail net 10.41.25.19/ada. Tendererscan also download the tender document from the above website from 21.06.11and up to 14:00 hrs. on 27.07.11. Tender notice is also available at the noticeboard of Sr. DEE/TRD/ADA’s office.

Sr. Divl. Elect. Engineer (TRD)/ADA

For and on behalf of The President of India

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CHAPTER-I

INSTRUCTION TO TENDERERS AND TERMS AND CONDITION OF TENDERING.(To be signed by the Tenderer and submitted along with the tender)

1.1.1TENDER PAPER DOCUMENT.The tender paper/documents are divided into two parts. The part-I consists of Tender notice,instructions to tenderer and terms and condition for tendering including conditions of pricing andpayment.Part-II consists of the following.

a) Special conditions of tenderingb) Tender formc) Schedule of Price with its explanatory note

1.1.2 GENERAL INSTRUCTIONS

It may be noted here that the conditions of General conditions of contract (G.C.C.)(with the latestamendment, if any) of S. E. Railway, all provisions of relevant codes, manual etc.( with the latestamendment, if any), are generally applicable unless specifically mentioned otherwise in this paper.The intending tenderer before submission of tender is advised that in his own interest to study thetender papers carefully without prejudice to the generally of the foregoing and the tenderer shallinspect the site and surrounding of the works specified in the tender documents and shall satisfyhimself by careful examination before submission of the tender as the nature of site , soil and localconditions, availability of labour and materials for execution of work, the means of access to sitesupply of power, water, availability of accommodation etc. and shall make local and independentinquiries as to matters for and things referred to or implied in the tender documents Railwaysshall not entertain the tenderer in any form or plea of ignorance, difficulties doubts, misconceptionand mis-appreciation thereof effecting the execution and completion of work.1.1.3 ALTERNATIVE PROPOSALS:Should the tenderer have alternative proposals for arrangement design and specification which thetenderer considers would reduce the cost of the installation, improve the performance andreliability he should incorporate them in the tender (form 5) for consideration by the purchaser. Heshall clearly indicate the technical and financial advantage which would accrue to the purchaser forsuch alternative proposals suggested by him. Such proposals, shall however be given without anyloss of generally of the specification and drawing obtained herein.1.1.4 SUBMISSION OF TENDER:The tender must be submitted in sealed envelope marked with the tender No. and the name of thework and should dropped in the sealed TENDER BOX’ kept for the purpose at the time asmentioned in the Tender Notice for this purpose.Tenders, sealed and super scribed as above, may also be sent by Registered post addressed to theabove mentioned office so as to reach earlier to the date and time of the closing of the tender, Notender which is received after the time and date specified above will be considered under anycircumstances.Any tender delivered or sent otherwise will be at the risk of the tenderer. All documents to besubmitted in connection with the tender shall be written in English and in ink.1.1.5 RATES:The tenderer(s) should quote rates both in figures and words schedule-wise.CONDITIONAL OFFERS WILL BE SUMMARILY REJECTED.1.1.6 CLARIFICATIONClarification required by the tenderer may be obtained from the office of the Sr. Divisional ElectricalEngineer (TRD), Adra or as prescribed.1.1.7 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE:The tenderer is required to produce along with his tender the current and valid income tax andsales tax clearances certificate, in original (which will be returned when done with) without whichthe tender will be rejected. The successful tenderer shall have to send current income tax and salestax clearances along with the bill without which no payment would be made to him.1.1.8 TAX DEDUCTION:Income Tax @ 2% plus surcharges as applicable on the amount to be paid by the contractor inpursuance of the contract which will be deducted from the bills preferred by him in accordancewith section 1204C of the Income Tax Act.1961 as introduced through finance Act of 1972 or asamended from time to time, @ 4% OST/JST/WBST will be recovered where it is applicable. Inaddition to 1% C.Cess is also recoverable if the site of work falls under the Railway settlement limit.

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1.1.9 DRIVING LICENCE OF MOTOR VEHICLE DRIVER.Along with the tender, the tenderer shall have to submit valid License of Motor Vehicle Driverconcerned.1.1.10 SIGNING OF TENDERS AND POWER OF ATTORNEY:In case of a firm not registered under partnership Act, all the partners or the attorney dulyauthorized by all of them should sign the tender and other connected documents. A copy of thedocument empowering the individual to sign should also be sent with the tender. In any case,tender should disclose his constitution fully and copies of all necessary legal documents in supportthereof should be submitted with the tender and originals thereof should be produced as and whencalled for.

1.1.10.1 Any individual signing the tender or other documents connected therewith should specifywhether he is signing.

i) As sole proprietor of concerned or his attorney orii) As a partner or partners of the firm oriii) For the firm per procreations oriv) As a director, Manager or Secretary in the case of limited company.

1.1.11 TENDER ADDRESSES:Every tenderer shall state in the tender his postal address fully and clearly. Any communicationsent to the tenderer by post at his said address shall be deemed to have reached the tenderer dulyand in time notwithstanding the fact that the communication did not reach the tenderer at all or intime for the reasons whatsoever Important document shall be sent by Registered post.1.1.12 ERASURES OR ALTERNATION:No erasure or alternation in the text of the tender paper is permitted and any such erasure and/oralternation will either be disregarded or render the whole tender void at the option of the RailwayAdministration. Any correction made in rates for the work shall be initiated in ink and dated.1.1.13 COMPLIANCE WITH INSTRUCTIONS:Tender which do not comply with the instructions detailed above shall not be considered.1.1.14 RESULTS OF TENDER:The acceptance of the tender will rest with Sr. Divisional Electrical Engineer (TRD), S.E.Railway,

Adra for and on behalf of the president of India who reserves the right to decide the tenderamongst more than one tenderer, if deemed necessary and also to reject any or all tendersreceived without assigning any reasons and does not bind himself to accept the lowest or anytender.1.1.15 VALIDITY OF TENDER:The contractor shall keep the offer viz. the tender and/or tenders as may be modified bynegotiations open for acceptance for a period of 120 days from the date on which tender/tendersis/are opened and in default, the Earnest Money deposited by him shall be forfeited to theRailway.1.1.16 TIME SCHEDULE AND PROGRAMME:The contractor shall strictly follow the time schedule for all works under this as mentioned in thetender notice if the contractor fails to execute the work completely within the time specified or anauthorized extensions thereof, Railway Administration is entitled to recover from the contractor asum of half percent of the price of that portion of the work not completed by the due date foreach and every week or part of the week taken extra by the contractor to complete the work .The amount of damages recovered shall in no case exceed 10% of the value of the contract.If such a failure as aforesaid shall have arisen from any cause which the purchaser may admit asbeing a reasonable ground for extension of time, the purchaser shall allow such additional time ashe may in his absolute discretion consider to be reasonably justified by the circumstances of thecase.1.1.17 TERMINATION OF CONTRACT:Notwithstanding the provisions under other papers the Railway Administration may at any time bya notice in writing summarily terminate the contract without liability to pay any compensation tothe contractor in respect thereof in any of the following event:i) INSOLVENCY : The contractor being an individual or a firm any partner in the Contractor’s firm

shall at any time be adjudged insolvent or shall have a receiving order for administration of hisestate made against him or shall take any proceeding for liquidation on composition under any lawrelating to insolvency for time being enforce or make any conveyance or assignment of his assetsor enter into any arrangements or composition with his Creditors or suspend payment or is the firmbe dissolved under the partnership Act.ii) LIQUIDATION : If the contractor being company shall pass a resolution or the court shallmake an order for the liquidation of its affairs or a receivers or a manager on behalf of

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debenture holders shall be appointed or circumstances shall have arisen which entitled the courtor debenture holders to appoint a receiver or manager.iii) BREACH OF CONTRACT : If the contractor commits any breach of this contract notherein specifically provided always that such termination shall not prejudice any right ofaction or remedy which shall have accrued or accrue thereafter to the Railway administrationand provided also that the contractor shall be liable to purchase any extra expenditurewhich the Railway Administration is thereby put to but shall not be entitled to any gainon repurchase in the event of such termination without prejudice to the other right andremedies of the Railway administration including the rights for forfeiting the securitydeposit, the Railway administration shall be entitled to have the work or the undone portionthereof performed, executed and/or carried out by any other agency at the cost and risk of thecontractor liable for reimbursement in the event of any loss on this account.1.1.17.2 EXCEPTIONS : Termination of contract will not arise in case of voluntaryliquidation meant for alternation or reorganization provided with the newly formed companytakes over the fully responsibility and Liabilities of the liquidated firm and it is acceptable tothe Railway Administration.1.1.17.3: Termination of contract under this Para will not arise in case of breaches or defects ofa minor nature . The Sr.Divl.Elect.Engineer (TRD)/ADA shall be the sole authority, to decidewhether breaches and defects are of minor nature.1.1.18 EARNEST MONEY:Along with his tender the tenderer should deposit cash with the Divisional Cashier, S. E. Railway,Adra (West Bengal). The amount as specified in tender notice or below as Earnest money.The tenderer shall be required to deposit earnest money with the tender for the due performancewith the stipulation to keep the offer open till such date as specified in the tender, under theconditions of tender. This earnest money shall be applicable for all modes of tendering.The amount of earnest money to be deposited with tender shall be as indicated below:

Value of the work (Tender value ) EMDFor works estimated to cost up toRs. 1 Crore

: 2% of the estimated cost of work

For works estimated to cost more than Rs. 1Crore

: Rs. 2 Lakhs plus ½ % (Half percent ) of theexcess of estimated cost of work beyondRs. 1 crore subject to a maximum of Rs. 1crore

EMD in the form of bank guarantee bonds is not acceptable. No PEMD is acceptable for thetenders.1.1.18.1 Earnest money shall be paid in cash or in any of the following forms:

i) Pay orders, Deposit receipt or demand draft in favour of FA & CAO/ S.E.Railway, GardenReach, and Kolkata (WB). These forms of earnest money could be either of the State Bank of Indiaor of any of the nationalized banks. No confirmatory advice from the Reserve Banks of India will benecessary.ii) The documents as referred in this tender documents must be attached with the tender without

which the tender will not be considered and summarily rejected.1.1.18.2 The Government securities (Stock securities, Bearer Bonds, Promissory notes, Cash

certificates etc.) shall not be accepted as Earnest money.1.1.18.3 It is stated that the Earnest money as specified is to be submitted in full as initial

security.1.1.18.4 No interest will be allowed or paid for Earnest Money above; the amount will be refunded

to the unsuccessful tenderer as soon as possible after the tender is finally decided.1.1.18.5 It shall be understood that the tender documents have been sold/issued to the tenderer

and he has agreed to the tender taking into consideration the stipulation on his part thatafter submitting the tender will not resile from his offer or modify his conditions thereofin a manner not acceptable to the purchaser.

1.1.18.6 Should the tenderer fail to observe or comply with this stipulation, the amount of securitydeposit referred to in clause 1.1.18.3 above shall be forfeited to the Government.

1.1.19 SECURITY DEPOSIT1.1.19.1 Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of

recovery/mode of recovery shall be as under :-a) Security Deposit for each work should be 5% of the contract value,b) The rate of recovery should be at the rate of 10% of the bill amount till the full

security deposit is recovered.

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c) Security Deposit shall be returned to the contractor after the physical completion ofthe work as certified by the Competent Authority. The Competent Authority shallnormally be the authority who is competent to sign the contract. If this CompetentAuthority is of the rank of lower than JA Grade, then a JA Grade Officer (concernedwith the work) should issue the certificate. The certificate inter alia, should mentionthat the work has been completed in all respects and that all the contractualobligations have been fulfilled by the contractors and that there is no due from thecontractor to Railways against the contract concerned. Before releasing the SD, anunconditional and unequivocal no claim certificate from the contractor concernedshould be obtained.

1.1.19.2 The Earnest money of the successful Tenderer will be retained by the Railway as apart of security for due fulfillment of the contract by the Contractor.

1.1.19.3 The National plan load certificate, Government securities (Stock certificate, Bearerbonds, Promissory notes, cash certificates) will not be accepted.

1.1.19.4 No cheque will be accepted towards Security Deposit, even if it is guaranteed by theBank.

1.1.19.5 Request for transfer of security deposit of any work even if the same is free of allobligations will not be accepted for the purpose of the security deposit of this case.

1.1.19.6 No interest will be allowed or paid for the amount deposited in cash or deductedthrough bills.

1.1.19.7 As far as practicable tenderer should in their own interest deposit security depositin cash with Divl. Chief Cashier/S. E. Railway, Adra to facilitate prompt refund ofthe deposited amount on fulfillment of the terms of the contract.

1.1.19.8 PERFORMANCE GUARANTEE:The procedure for obtaining performance guarantee is outlined below :a)The successful bidder shall have to submit a performance guarantee (PG) with in30(Thirty) days from the date of issue of letter of acceptance (LOA) extension of time forsubmission of PG beyond 30 (Thirty) days and up to 60 days from the date of issue of LOAmay be given by the authority who is competent to sign the contract agreement . Howevera panel interest of 15% per annum shall be charged for the delay beyond 30 (Thirty) daysi.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit therequisite PG even after 60 days from the date of issue of LOA, the contract shall beterminated duly forfeiting EMD and other dues, if any payable against that contract . Thefailed 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 thefollowing forms amounting to 5% of the contract value :i)A deposit of cash.ii)Irrevocable Bank Guaranty.iii)Government securities including state loan bond at 5% below the market value .iv)Deposit receipts, Pay orders, Demand drafts and Guarantee bonds . These forms ofPerformance Guarantee could be either of the State Bank of India or of any of theNationalized Bank.v)Guarantee bond executed or deposits receipts tendered by all scheduled Banks.vi)A deposit in the post office Saving Bank .vii)A deposit in the National Saving certificates.viii)Twelve years National Defense certificates.ix)Ten years Defense Deposits.x)National Defense Bond andxi)Unit Trust Certificates at 5% below market value or at the face value whichever is less.

Also FDR in favour of FA&CAO (free from any encumbrance) may be accepted.NOTE : The instrument as listed above will also be acceptable for Guarantees in case ofMobilization Advance.c)The performance guarantee shall be submitted by the successful bidder after the Letterof Acceptance (LOA) has been issued ,but before signing of the contract agreement. ThisPG shall be initially valid up to the stipulated date of completion plus 60 days beyondthat. In case the time for completion of work gets extended, the contractor shall get thevalidity of PG 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 to25% (either increase or decrease).In case during the course of execution, value of the

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contract increases by more than 25% of the original contract value, an additionalPerformance guarantee amounting to 5% (Five percent) for the excess value over theoriginal contract value shall be deposited by the contractor.(e)The performance Guarantee (PG) shall be released after physical completion of the workbased on ‘completion certificate’ issued by the competent authority stating that thecontractor has completed the work in all respect satisfactorily. The security deposit shallhowever be released only after expiry of the maintenance period and after passing the finalbill based on “NO CLAIM CERTIFICATE” from the contractor .(f) Whenever the contract rescinded the Security Deposit shall be forfeited and theperformance guarantee shall be encashed. The balance work shall be failed contractorshall be debarred from participating in the tender for executing the balance work. If thefailed contractor is a JV or partnership firm then every member / partner of such a firmdebarred from participating in the tender for the balance work in his/her individualcapacity or as a partner of any other JV/partnership firm.(g) The engineer shall not make a claim under the Performance Guarantee expect foramounts to which the President of India is entitled under the contract (not withstandingand/or without prejudice to any other provisions in the contract agreement) in the eventof:(i)Failure by the contractor to extend the validity of the performance guarantee asdescribed here in above in which event the engineer may claimed the full amount of thePerformance Guarantee.(ii)Failure by the contractor to pay President of India any amount due, either as agreed bythe 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 under provision of the GCC, the Performance guaranteeshall be forfeited in full and shall be absolutely at disposal of the President of India.

1.1.20 ADDITIONS AND ALTERATIONS:Railway Administration may require modifications to be carried out on the works Considerednecessary either during the execution or after a part of whole of the installations coming within thepurview of the contract such modifications shall be carried out, only after the additional prices , ifany proposal by the contractor are accepted by the Railway Administration.1.1.20.1 If any additional quantum of the works specified in the schedule becomes necessaryduring the course of execution, the contractor may be called upon to carry out such , additionalworks to the extent of 25% of the original contract quantity at the same rates, terms and conditionswithout inviting any fresh quotations .1.1.21 SAFETY MEASURES:The contractor shall take all precautionary measures in order to ensure the Protection of his ownpersonal moving about or working in the Railway premises, but shall then conform to the rules andregulations of the Railways. The contractor shall abide by all Railway regulations in force for thetime being and ensure that the same are followed by his Representatives, agent or sub-contractor ofworkmen. He shall give due notice to his employees and workers about the provisions of the Para.The contractor shall indemnify and keep the Railway Administration indemnified and harmlessagainst all actions, suits , claims, demands, other charges or expenses arising in connection withany accidents , death or injury sustained by any person(s) within the Railway premises and anyloss or damage to Railway property sustained , due to the acts or omissions of the contractor, or hisstaff during the execution of this contract irrespective of whether such liability arising underthe workmen’s compensation Act 1923 or fatal accidents Act or any other stature in force for thetime being .1.1.22 EXECUTION OF AGREEMENTThe contractor is required to execute a formal agreement in prescribed form (Form 7) with theRailway Administration on the lines of the Tender conditions and until the formal agreement isexecuted, the LOA by the Railway Administration shall be valid and binding on the contractor in allrespects.1.1.23 RAILWAY PASSES: No free Railway passes will be issued for the contractor.1.1.24 SPECIFIED RAILWAY STORES:Materials which are to be supplied by the Railways as specified in Annexure for Execution of thework will be handed over to the contractor by the consignee from his store against Indemnity Bond(Form 6) . The loading, handling and transportation of such materials to the work sites shall haveto be done by the contractor at his own cost.All other materials as may be required to execute the work and to make the installation, completein all respects according to the specification and schedule of work shall be supplied by the

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contractor and cost thereof included in the schedule of prices . The transportation of the materialsto the work site shall be borne by the contractor.1.1.25 REFUND /FORFIETURE OF EARNEST MONEY:The Earnest money including the amount taken as security deposit for the due performance of thestipulation to keep the offer open till the date specified in the tender under clause 1.1.15(i.e.Minimum validity of offer ) hereof shall be refunded to the unsuccessful tenderer(s) within areasonable time after finalization of the tender case . The earnest money deposited by thesuccessful tenderer(s) shall be retained towards the security deposit for the due and faithfulfulfillment of the contract but shall be forfeited by the purchaser without prejudice to any otherrights or remedies available to it if the contractor fails to execute the Agreement bond or start thework within a reasonable time (to be determined by the Engineer at site) after notification of theacceptance of his/their tender.

1.1.26 COMMUNICATION TO BE IN WRITING :All notices communications, reference and complaints made by the purchaser of his Engineer orthe Engineer’s representative or the contractor in tense concerning the works shall be in writingand no notice communications reference or complaint not in writing shall be recognized. The list ofaddresses to which correspondence and documents relating to the contract should be sent isindicated in the tender papers in Part-II.

1.1.27 SERVICE OF NOTICES ON CONTRACTORS:The contractor shall furnish to the Engineer the name, designation and address of his authorizedagent and all complaints , notices, communications and references shall be deemed to have been soduly given to the contractor if delivered to the contractor left at or posted to the address so givenand shall be deemed to have been so given in the case of posting on the day on which would havereached such address in the ordinary course of post or on the day on which they were so deliveredor left in the case of contract by partners, any change in the constitute of the firm shall beforthwith notified by the contractor to the Engineer. Important documents may be sent by“REGISTERED POST”.1.1.28 SUBLETTING OF CONTRACT :The contractor shall not assign or sublet the contractors any part thereof or allow any person tobecome interested therein any manner whatsoever without the special permission of the purchaser.Any breach of this condition shall entitle the purchaser to rescind the contract under clause 1.1.45(i.e Right to Railway to determine contract ) of these conditions and also render the contractor liablefor payment to the purchaser in respect of any loss or damage arising or ensuring from suchcancellation.

1.1.29 APPROVAL OF SUBCONTRACTOR OR VENDORS:The name of all sub contractors proposed to be employed on execution of work or any part thereofincluding manufacture of components shall be submitted by the Contractor to the purchaser andgot approved by him before the contractor enters into an agreement with sub-contractor/or vendorfor the purpose . The permitted subletting of work by the contractor shall not establish anycontractual relationship between the sub-contractor and the purchaser and shall not relieve thecontractor of any responsibility under the contract.1.1.30 RETURN OF UNUTILISED MATERIALS OF THE PURCHASER:Such materials as have been issued to the contractor but left behind with him UNUTILISED, shallbe determined after reconciliation with the actual quantum of issued vis-à-vis utilized for executionof the work and returned by the contractor to the purchaser’s depot at no extra cost in the sameshape and condition of the materials as were issued to the contractor(s). If the contractor fails toreturn such materials, the cost of such will be recovered at a rate at twice the book rate or twice themarket rate enhanced by 20.38% whichever is higher.Every effort will be made by the purchaser to supply the materials as listed in part-II at the

appropriate time. However suitable extension of time will be granted to the contractor in case ofdelay for supply of said materials by the purchaser any reason whatsoever and no claim ofcompensation from the contractor for such delay by the purchaser will be entertained.NOTE: The contractor shall hand over all empty drums, wooden carats and other packing materialsused for the issue of purchaser’s materials to the purchaser’s depot.CARRIAGE OF MATERIALS:

No forwarding orders shall be issued by the purchaser for the transportation of Contractor’smaterials, tools and plant by rail or by road to the work site which may be required for use in theworks and the contractor shall pay full freight charges at public tariff /rates there for. No Roadpermit for contractor’s supply material will be issued by Railways.1.1.31 PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR :

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The erection of all equipments according to the specification will be done by the contractor at hiscost. For this purpose, the contractor shall place and keep on the works at all times efficient andcompetent representatives to give necessary directions to his workmen and see that they executetheir work in sound and proper manner and shall employ only such supervisors, workmen andlabour in or about the execution of any of the works as are careful and skilled in their varioustrades and callings. The said representative shall be present at site during work in hours and anywritten orders or instructions which the engineer may give to the said representatives of thecontractor shall be deemed to have been duly given or communicated to the contractor.The contractor shall furnish the name and address of his agent or representatives for the purposeof this clause. The contractor or his agent or representative will accompany the engineer/s oninspection and/or proceed to their offices whenever called upon to do so.The Contractor shall at once remove from the works any representative, permitted sub-contractorsupervisor, workmen or labour who shall be objected to by the engineer and he shall submit acorrect return showing the names of all staff and workmen employed by him. In the event of theengineer being of the opinion that the contractor is not employing on the works a sufficient numberof staff and worker as is necessary for the proper completion of the work within the time prescribed,the contractor shall forthwith on receiving intimation to this effect take on the additional number ofstaff and labour specified by the engineer within seven days of being so required.Failure on the part of the contractor to comply with the above instructions will entitle the purchaserto rescind the contract under clause 1.1.45 i.e. Right of Railway to determine contractor of theconditions thereof.1.1.32 ACCIDENTS AND DAMAGES TO INSTALLATIONS ETCThe contractor shall be responsible for all repairs and rectification of damage to installationserected or under erection due to accident or any other cause during the course of the contractorswork at site inclusive of the guarantee period at no extra cost to the purchaser. All costs, damagesor expense which the purchaser may incur, for which under the terms of contract, the contractor isliable may be either deducted by the purchaser at his discretion from any money due or to becomedue to refundable by the purchaser to the contractor under the contract, or may be recovered byaction of law or otherwise from the contractor. The purchaser reserve the right and shall be entitledto retain payments due to the contractor under this contract and to set off the same against allclaims whether arising out of this contractor out of any other transaction whatever with thecontractor.1.1.33 PROVISION OF PAYMENT OF WAGES ACT :The contractor shall comply with the provision of payment of wages Act 1936 as amended up todate and the rules made there under in respect of all employees employed by him in the works, if incompliance with the terms of the contract , the contractor directly or through the petty contractorsor subcontractors shall supply any labour to be used wholly or partly under the direct orders andcontrol of the engineer whether in connection with the work to be executed here under or otherwisefor the purpose of the engineer such labour shall never the less be deemed to be , comprise ofperson employed by the contractor and any money which may ordered to be paid by the engineeron behalf of the contractor and engineer may on failure by the contractor to repay such moneysdue to the contractor in terms of the contractor. The purchaser shall be entitled to deduct from anymoneys due to the contractor (whether under the contract or any other of compensation ofaforesaid or for costs of expense in connection with any claim there) and the decision of theengineer upon any question arising out of the effect or force of this clause shall be final and bindingupon the contractor.1.1.34 WAGES TO LABOURThe contractor shall be responsible to ensure compliance with the provisions of the Minimum

Wages Act, 1948 as modified up to date (therein after referred to as the said act), and the rulesmade there under in respect of any employees employed by him directly or through pettycontractors , sub-contractors for the purpose of carrying but this contract.If, in compliance with the terms of the contract , the contractor directly or through petty

contractors or sub-contractor supplies any labour to be used , wholly or partly under the directorders and control of the purchaser whether in connection with any work being executed by thecontractor or otherwise for the purpose of the purchaser such labour shall for the purpose of thisclause shall be deemed to be persons employed by the contractor.

If any money , shall be a result of any claim or application and under the said act be directly to bepaid by the purchaser such money shall be deemed to be payable to the purchaser by thecontractor and on failure by the contract or to repay the purchaser and moneys paid by it asaforesaid within seven days after the same shall have been demand the purchaser shall be entitledto recover the same from any moneys due or accruing to the contractor under this or any othercontract with the purchaser.

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1.1.35 POWER OF MODIFICATION TO CONTRACT :The engineer in charge of the execution of the work on behalf of the purchaser shall be entitledby order in writing to enlarge or extend, diminish or reduce the works or make any alternations intheir design , character , position site quantities , dimensions or in the method of their execution orin the combination and use of materials for the execution or thereof or to order any additionalworks to be done or any works not to be done and the contractor will not be entitled to anycompensation for any increase/reduction in the quantities of work but will be paid only for theactual amount of work done and for approved materials supplied against a specific order .1.1.35.1 Unless otherwise specified in the special conditions of the contract, the accepted variationin quantities for the contract over all would be up to 25 % of the quantity originally contracted .The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled toany claim or any compensation whatsoever up to the limit of 25% variation on the contract valueoriginally contract..1.1.35.2 The enlargement , extensions, diminution, reductions, alternations or additions referredto in clause in no degree affect the validity of the contract but shall be performed by thecontractor as provided therein and be subject to the same conditions, stipulations and obligationsas if they had been originally and therein and be subject to the same conditions stipulations andobligations as if they had been originally and expressly included and provided for in thespecifications and drawings and the amount to be paid therefore shall be calculated in accordancewith the accepted schedule of rates, any extra items/ quantities of work failing outside the purviewof the provisions of the sub-clause 1.1.36 above shall be paid for at the rates determined (i.e.rates for the extra items of work of these conditions)1.1.36 COMPLIANCE TO ENGINEER’S INSTRUCTIONS :The Engineer shall direct the order in which the several parts of the works shallbe executed and contractor shall execute without delay all orders given by the engineer from time totime but the contractor shall not be relieved thereby from responsibility for the due performanceof the works in all respects.Alternations to be authorized. No alternations in or additions to or commission or abandonment ofany part of the works shall be deemed authorized except under instructions from the engineer andthe contractor shall be responsible to obtain such instruction in each and every case.EXTRA WORK: Should works over and above those included in the contract required to beexecuted at the site the contractor shall have no right to entrust with the execution of such workswhich may be carried out by another contractor or contractors or by other means at the options ofthe purchaser.Separate contract in connection with works. The purchaser shall have the right to let other

contractors in connection with the works the contractor shall afford other contractor reasonableopportunity for the storage of their materials and the execution of their works and shall properlyconnect and co-ordinate his works there.If any part of the contractor work depends for proper execution or result upon the work of another

contractor, the contractor shall inspect and accordingly report to the engineer any defects in suchwork that render it unsuitably for such proper execution and result. The contractor’s failure so toinspect and report shall constitute acceptance of the other contractor’s work except as to defectswhich may have developed in the other contractor’s work after the execution of his work.1.1.37 ILLEGAL GRATIFICATION :Any bribe, commission, gifts or advantages given, promised or offered by or on behalf of thecontractor or his partner, agent or servant or any one of his or on their, behalf in relation to theobtaining or the execution of this or any other contract with purchaser shall in addition to anyoriginal liability which he may incur , subject to the contractor to the recession, of the contractand all other contracts with the purchaser and to the payment of any loss or damage resultingfrom such rescission and the purchaser or damage resulting from such rescission and thepurchaser shall be entitled to deduct the amount so payable from any money due to the contractunder the contract or any other contracts with the purchaser. The contractor shall not lend orborrow from or have or enter into any monetary dealings or transactions either directly or indirectlywith any employee of the purchaser and if he shall do so the purchaser shall be entitled forthwithto rescind the contracts and all other contracts with the purchaser. Any question or dispute as tothe commission of any offence or compensation payable to the purchaser under this clause shall besettled by the General Manager in such manner as he shall consider fit and sufficient and hisdecision on shall be final and conclusive.1.1.38 ADHERENCE TO SPECIFICATION AND DRAWINGS:The whole of the works shall be executed in perfect conformity with specifications anddrawings of the contract. If the contractor performs any work in manner contrary to thespecifications or drawings or any of them and without such reference to the engineer, shall have tobear all the costs arising of ensuring and shall be responsible for the losses to the purchaser.

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1.1.39 WORKS BY OTHER AGENCIES:Any other works undertaken at the same time by the purchaser direct or through some otheragency at the same site where the contractor is carrying out his work, will not entitle the contractorto prefer any claim regarding any delays or hindrances he may have to face on this account. Thecontractor shall comply with any instruction which may be given to his by the purchaser in order topermit simultaneous execution of his own works and of those undertaken by other contractors orthe purchaser without being entitled on this account to any extra charge.1.1.40 If the purchaser is unable to supply materials to the contractor as specified in the contractin time, the contractor shall not be entitled to any extra payment on account of such delay insupply, however such delays in supplies will be reasonable ground for extension of completiondates for the works.1.1.41 All materials will be subjected to inspection and test either by the purchaseror by an agency appointed for this purpose for individual items as below, at the manufacturer’swork before dispatch and no materials shall be dispatched from the manufacturer’s works untilthese are inspected and or approved . These materials may also again be inspected at thecontractor’s depot/work site . The purchaser or his representative shall have the right to be presentduring all stages of manufacture and shall be afforded free of charge all reasonable facilities forinspection and testing so as to satisfy himself/themselves that the materials are in accordance withspecifications, approved drawings and designs. Any reasonable delay in inspection will be areasonable ground for extension of time for completion of works.1.1.42 PROVISIONAL ACCEPTANCE :Immediately after the completion of an installation the contractor will certify and advice thepurchaser in writing that the installation is :

i) Complete .ii) Ready for satisfactory regular service andiii) Ready to be handed over. He will also place at disposal of the purchaser the required

staff for inspection, testing and putting it into operation.The test or test specified in part III will be conducted jointly by the purchaser and contractor as

soon as possible after receipt of advice of completion of an installation by the purchaser from thecontractor. After the purchaser is satisfied with the satisfactory working of the installation, he willissue a “Provision Acceptance Certificate” which would be signed by both the parties. Should theresults of inspection and tests be not satisfactory an extension of time for one month will begranted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection andtests will then be carried out after the contractor has attended to the defects and deficiencies. Ifthese are not satisfactory, the purchaser may proceed at the contractor’s expense by all meansdeemed expedient to have the installation made approved drawings and designs.

In such a case or in case of delay in completing the work under this contract within the time limitthe purchaser reserves the right if he deems it possible to use in a reasonable manner any part ofthe installation even if the work is not completely erected. The purchaser will give to the contractorfor this purpose seven days previous notices. The contractor shall then take at his own expenses allnecessary steps to complete the works in accordance with the provisions of the contract. In case itbecomes impossible to proceed with the above mentioned taking over tests, for reasons other thanfor which the contractor is responsible, the provisional acceptance certificate shall be issued at orwithin a mutually agreed reasonable period not exceeding six months after completion of aninstallation.NOTE: The issue of provisional acceptance certificate will not be withheld for rectification of minordefects as distinct from rejected equipment, which may not be essential for energisation andoperation of the installation in such cases, only the value of materials and cost of rectification of theminor defects shall be withheld from payments on provisional acceptance until rectification iscompleted.1.1.43 WARRANTY:The contractor shall warranty satisfactory working of the installation erected by him, for a period oftwelve months from the date of provisional acceptance of each installation(Para 1.1.42 i.e.provisional acceptance by the purchaser ).During this period the contractor shall make available an experienced Engineer and necessaryequipment to attend to any defective installation and be responsible for satisfying himself that thepurchaser’s staff follow the prescribed procedure for operation and maintenance of equipment .The contractors shall bear the cost of all modifications, additions or substitutions that may beconsidered necessary due to faulty materials , designs or workmanship for the satisfactory workingof the equipment. The final decision shall rest with the Sr. Divisional Electrical Engineer (TRD), S.E. Railway, and Adra.

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During the period of guarantee the contractor shall be liable for the replacement of any partswhich may be found defective in the equipment whether such equipments be of his ownmanufacturer or those of his sub-contractors whether arising from faulty design, materials,workmanship or negligence in any manner on the part of the contractor provided always that suchdefective parts as are not repairable at site are promptly returned to the contractor if so requiredby him at site(contractor’s own expenses). The contractor shall bear the cost of repairs carried outon his behalf by the purchaser at site. In such a case the contractor shall be informed in advance ofthe works proposed to be carried out by purchaser.If it becomes necessary for the contractor to replace or renew any defective portion of the equipmentunder the clause aforesaid then the provision of the said clause shall also apply to the portions ofthe equipments so replaced or renewed until the expiration of six months from the date of suchreplacement or until the end of the above mentioned period of twelve months, whichever is later,such extension shall not apply in case of defects of a minor nature, the decision of the Sr.Divisional Electrical Engineer (TRD), S. E. Railway , Adra being final in the matter, if any defectsbe not remedied within a reasonable time during the aforesaid period the purchaser mayproceed to do the work at the contractor’s risk and expense, but without prejudice to any otherrights and remedies which the purchaser may have against the contractor in respect of suchdefects or faults.The repaired or renewed parts shall be delivered and erected at site free of charges to thepurchaser.Any materials supplied shall also be covered by the provisions of this clause. The liability of the

contractor under the guarantee will be limited to re-supply of materials made under clause 1.1.36such supply shall be effected at the contractor’s depot or in the event of closure of the depot atthe stores depot of the engineer at site covered by the contract.In case of materials supplied by the purchaser under clause 1.1.36 no liability will rest on the

contractor for failure on account of defects inherent in such materials.1.1.44 FINAL ACCEPTANCE:The final acceptance of the installation shall take effect from the date of expiration of theperiod of guarantee as defined in clause 1.1.43 warranty provided the installation previouslyaccepted provisionally are still in good working order .If on the other hand the installation is not in good working order at the end of the guaranteeperiod the purchaser may either extend the period of guarantee until, necessary works are carriedout by the contractor or carry out those works or have them carried out successfully on behalf ofthe contractor and at his expenses . A certificate of final acceptance shall then be issued underthe signature of both the parties – The purchaser and the contractor .1.1.45 RIGHT TO RAILWAY TO DETERMINE CONTRACT:1.1.45.1 The purchaser shall be entitled to determine and terminate the contractor at anytime should in the purchaser’s opinion , the cessation of work become necessary owing topaucity of funds or from any other cause whatsoever in which case the value of approvedmaterials at site and of work done by the contractor will be paid for in full at the rates specifiedin the contract . Notice in writing from the purchaser of such determination and the reasontherefore shall be conclusive evidence thereof.Should the contract be determined under sub-clause 1.1.45.1 of this clause and the contractor

claims payment for expenditure incurred by him in the expectation of completing the whole of theworks the purchaser shall admit and consider such claims as he deemed reasonable and aresupported by vouchers to the satisfaction of the engineer. The contractor shall have no claim toany payment of compensation or otherwise whatsoever on account of any profit of advantage whichhe might have derived from the execution of the works in full but which he might have derived fromthe execution of the works in full but which he did not derive in consequence of determination ofcontract. The purchaser’s decision on the necessity and propriety or such expenditure shall be finaland conclusive.1. Determination of contract owing to default of contractor if the contractor should

i) become bankrupt or insolvent orii) make an arrangement with or assignment in favour of his creditors , or agree to carryout the

contract under the committee oriii) being a company or corporation go into liquidation (other than a voluntary liquidation for the

purpose of amalgamation or reconstruction) oriv) have an execution levied on his goods or property on the works , orv) assign the contract or any part thereof otherwise than as provided as terms or these

conditions, orvi) abandon the contract orvii) persistently disregard the instruction of the engineer or contravene any provision of the

contract

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viii)fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period orix) 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 orrejected under clause or

x) fail to take steps to employ competent or additional staff and labour as required forsupervision of these conditions or

xi) fail to afford the engineer or engineer’s representative proper facilities for inspection theworks or any part thereof as required under clause 1.1.41(i.e. inspection and testing ) ofthese condition, or

xii) promise offer or give any bribe , commission , gift or advantage either himself or through hispartner agent himself or through his partner agent or servant to any officer or employee ofthe purchaser or to any person or his or on their behalf in relation to the executive of this orany other contract with the purchaser or

xiii)At any time after the tender relating to the contract has been signed and submitted by thecontractor being a partnership firm, admit as one of its partners or employee under it or beingan incorporated company elect or nominate or allow to set as one of its director oremployees under it in any capacity whatsoever retired Engineer of the gazetted rank or anyother retired gazetted officer working before his retirement whether in the executive oradministrative capacity or whether holding any personable post or not , in the engineeringdepartment of the any of the Railway for the time being owned and administered by thePresident of India before two year from the date of retirement from the said service of suchengineer or officer unless such engineer or officers has obtained permission from thePresident of India or any officer duly authorized by him in his behalf to become a partneror a director or take employment under the contractor , as the case may be OR

xiv) Fail to give at the time of submitting the said tender .a)the correct information as to the date of retirement of such retired engineer or retired officer

from the said service as to whether any such retired engineer or retired officer under theemployment of the contractor at the time or submitting the said tender .

b) being a partnership firm , the correct information as to whether any or its partnerswas such a retired engineer or retired officer or

c) the correct information as to such engineer or officer obtaining permission to takeemployment under the contractor .

d) being an incorporated company , a correct information as to whether any of itsdirectors 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 ofsubmitted the said tender the fact of his being such a retired engineer or a retired officer ormake at the time of submitting the said tender a wrong statement in relation to hisobtaining permission to take the contract.

If the contractor be a partnership firm or an incorporated company to be a partner or director ofsuch firm or company as the case may be or so seek employment under the contractor.Then and in any of the said cases, the engineer on behalf of the purchase may serve the contractorwith a notice in writing to that effect and if the contractor does not within 7 days after thedelivery to him of such notice proceed to make good his default in so far as the same is capable ofbeing made good and carry on the work or comply with such direction as aforesaid to the entiresatisfaction of the engineer , the purchaser shall be entitled after giving 48 hrs notice in writingunder the hand of the engineer to rescind the contract as a whole or in part or parts (as may bespecified in such notice).2. Right of Railways after rescission of contract owing to default of contractorIn the event of any or several of the course referred to clause 1.1.45.3 of these conditions adopted.i) The contractor shall have no claims to compensation for any loss sustained by him by reason of

his having purchased or procured any materials or entered into any commitments or madeadvance account of or with a view to the execution of the work , or the performance of thecontract and contractor shall not be entitled to recover or be paid any sum for any work thereoffor actually performed under the contract unless and until the engineer shall have certified theperformance of such work and the value payable in respect thereof and the contractor shall onlybe entitled to be paid the value so certified .

ii) The engineer or the engineer’s representative shall be entitled to take possession if anymaterials , tools, implements machinery and building on the works or on the property onwhich these are being or ought to have been executed and to retain and employ the same inthe further execution of the works without the contractor being entitled to any compensationfor the use and employment thereof for wear and tear or destruction thereof.

iii)The engineer shall as soon as may be practicable after removal of the contractor fix anddetermine expert or by or after reference to the parties or other such investigation or inquiries

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as he may consider fit to make or institute and shall certify what amount (if any ) and at thetime of rescission of the contract been reasonably earned by or would reasonably accrue to thecontractor in respect of the work then actually done by him under the contract and what wasvalue of any unused , or partially used materials, any constructional plant and any temporaryworks upon the site. The legitimate amount due to the contractor after making necessarydeductions and certified by the Engineer should be released expeditiously.

1.1.46 SUPPLY OF SPARE PARTS :The supply of spare parts, components, standby equipments shall be so regulated that all thenecessary items that have been ordered shall be delivered at site only after the erection of themain equipments but before the testing and commissioning of system. If the spare parts standbyequipments are to be supplied in advance, necessary written and specific permission shall be takenfrom the engineer

1.1.47 ARBITRATION:1.1.47.1 In the event of any dispute of difference between the parties hereto as to the constructionor operation of this contract or the respective rights and liabilities of the parties on any matter inquestion dispute or difference on any account or as to the withholding by the Railways of anycertificate to which the contractor may claim to be entitled to or if the Railways fails to make adecision within a reasonable time the n and in any case save the expected matters referred to inclause 63 of the General Conditions of the contract and standard specification 1976 ofS.E.Railway the contractor after 90 days but within 180 days of his presenting his final claimon disputed matters shall demand in writing that the dispute or difference is to be referred toarbitration .1.1.47.2 The demand for arbitration shall specify the matters which are in question,dispute/difference only such disputes and differences in respect of which the demand has beenmade shall be referred to arbitration and other matters shall not be included in the reference.1.1.47.3 If the contractor(s) does/do not prefer his/their specific and final claims in writingwithin a period of 90 days of receiving the intimation from the government that the final bill isready for payment he/they will be deemed to have waived his/their claim(s) and the Railway shallbe discharged and released of all liabilities under the contract in respect of these claims.1.1.47.4 All questions, disputes and/or difference arising under or in connection with this contractor in any way attaching or relating to or concerning the erection, meaning or effect of theseconditions or the special conditions of contract (except as to any matter the opinion and/ordecision regarding which has been otherwise provided for these conditions or the specialconditions of the contract to be final and also except as to any matter regarding which thecontractor has given no claim certificate or such Railway officer (Retired or in service) as shall beappointed to be the arbitrator by the General Manager for the time being of the South EasternRailway in his sole and absolute discretion and the decision of such arbitrator shall be final andconclusive under provision of the Indian Arbitration Act 1948 and of the rules thereunder and allstatutory modification thereof.1.1.47.5 If the sole arbitrator appointed under sub-clause(iv) or one both theArbitrators/appointed under sub-clause (v) above resigns his appointment or resign theirappointments or vacates his office/vacate their office or is /are unable or unwilling to act for anyreason whatsoever or arbitrator/arbitrators to act in his/their place /places in accordance with theprovisions of sub-clause (iv) or sub-clause (v) above as the case may be shall be entitled to proceedwith the reference from the stage at which it was left by the previous arbitrator/arbitrators. Thearbitrator / arbitrators umpire so appointed as the case may be shall give the award on allmatters referred to arbitration indicating therein break up of the sum awarded separately oneach individual item of disputes.1.1.48 ACCOMMODATION :The contractor shall make his arrangements for the accommodation of his staff, materials, tools etc,electricity for the purpose of execution of the work against this contract may be arranged byRailway from its sources , if available near the work site on payment of Railway’s specified charges.1.1.49 LAWS OF INDIA :This contract shall be governed by the laws for the time being in force in the Republic of India.1.1.50 DEFAULT AND DELAY :The contractor shall execute the work with due diligence and expedition keeping to the approvedtime schedule . Should he refuse or neglect to comply with any reasonable orders given to him inwriting by the purchaser’s engineers in connection with the work or contrivance the provision of thecontract or the progress of work lags persistently behind the time schedule due to his neglect , thepurchaser shall be at liberty to be given seven days notice in writing to the contractor requiringhim to make good the neglect or contravention, complained of or should the

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contract fail to comply with the requisition made in the notice within seven days from the receiptthereof, it shall be lawful for the purchase to take the work wholly or in part out of the contractor’shands without any further reference and get the work or any part thereof as the case may,completed by other agencies at the expense of the contractor without prejudice to any other right orremedy of the purchaser .1.1.51 LOSS SUSTAINED DUE TO DEFAULT AND DELAY:a)In the event of any loss to the purchaser on account of execution and/or completion of the workor any part thereof by agencies other than the contractor, in terms of Para 1.1.50, the contractorshall be liable to reimburse the loss to the purchaser without prejudice to the other rights andremedies of the purchaser, and the reimbursement in full or in part as the case may be, shall bemet, at the option of the purchaser, from out of all or any of the following sources viz.i) Any amount due and payable to the contractor by the purchaser on any account whatsoever.ii)The contractor’s security deposit in the hands of the purchaser as far as

Available andiii) Any other assets whatsoever of the contractor.b) In the event of reimbursement from out of sources (i) and or (ii) above mentioned, the

purchaser shall have the right of appropriation sue motto.1.1.52 CORRECTNESS OF WORK AND MATERIALS:a) All designs and drawings submitted by the contractor shall be based on a thorough study and

shall be such that the contractor is satisfied about their suitability . The purchaser’s approval willbe based on these considerations . Notwithstanding approval communicated by the purchaser,during the progress of the contract , for designs and drawings prototype samples of components ,materials and equipments after inspection and adjustments to installations. The ultimateresponsibility for correct design and execution of work shall rest with the contractor unless thepurchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its.b) If any dimension figured upon a drawing differs from that obtained by sealing the

drawings the figures dimension should be normally taken as correct unless it is prima facie amistake but all such cases shall be brought to the notice of the purchaser’s engineersand the discrepancy set right before execution .

1.1.53 CONTRACTOR’S RESPONSIBILITY FOR DISCREPANCY :a) All designs and drawings submitted by the contractor shall be based on a Thorough study and

shall be such that the contractor is satisfied about their suitability . The purchaser‘s approvalwill be based on these considerations. Not withstanding approval communicated by thepurchaser , during the progress of the contract , for designs and drawings, prototype samplesof components , materials and equipments after inspection and adjustments to installations,the ultimate responsibility for correct design and execution of work shall rest with thecontractor unless the purchaser insists on adoption of his own designs in spite of thecontractor not being agreeable to its.

b) The contractor shall be responsible for and shall bear and pay the costs for any alternationof works arising from any discrepancies , errors or omissions in the Designs and Drawingshave been approved by the purchaser or not .

1.1.54 ADDITIONS AND ALTERATIONS TO ERECTED EQUIPMENTS:The purchaser may require additional installations or modifications to be carried Out on the workshe deems necessary, either during the execution or after a part or whole of the installations comingwithin the purview of the contract has been put into commercial service.In case the prices for such additional works or modifications are not covered by the Schedule ofprices and are such that either partly consider additional prices for such Works justified , suchadditional works or modification shall be carried out, only after the additional prices proposedby the contractor are accepted by the purchaser In case additional installations or modificationsare required to be carried out under this para, the purchaser shall grant a reasonable extension oftime, should this be considered necessary.1.1.55 CONTRACT LABOUR ACT:The contractor is liable to observe the provisions of contract labour Act and get himselfregistered under the concerned labour officer as per provision of the Act. He has to state thenumber of labour engaged by him for carrying out the work before signing of agreement . For anyviolation of the said Act , the contractor is liable for prosecution by the Labour EnforcementOfficer (Central) under whose jurisdiction the Work is being executed and the amount ofpenalty if any , will be deducted from contractor’s final bill on advise of the labour court.1.1.56 ISSUE OF TOOLS AND PLANTS TO THE CONTRACTOR:For the purpose of carrying out the work , Railway will not issue any tools and plants. However, ifthe executive officer in charge of the work is of the opinion that in the interest of faster progress ofthe work, any tools and plants items are to be provided to the contractor, the same may be provided

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to the contractor on fulfilling of an indemnity bond and the book value of the materials will keptdeducted from running bills of the contractor till return of the tools and plants. The determinationof book value of the T&P items is as per the Railways book or the cost of procurement of the itemwith normal escalation @ 10% per year added to it, whichever is higher.1.1.57 TRANSPORTATION:All materials connected with this work whether to be supplied by the Railways or the contractorshave to be transported from the Railway stores depot to the site by the contractors only. Thecontractor has also to arrange for transportation of Railway staff and supervisors connected withthe work to the site of work from the Railway station during execution of the work.

1.1.58 Employment of diploma holder/Engineer Graduate :The contractor shall be required to employ un-employed Electrical Engineering graduate/Diploma

holder on monthly salary during execution or works as indicated below.Contract Value No. of Engg. Diploma

holder/Graduate holderDuration

a. Above Rs. 5 Lakhs & uptoRs. 15 Lakhs

One qualified diploma holder. During the period of currencyof contract.

b. Rs. 15 lakhs and above. One qualified ElectricalEngineer Graduate.

During the period of currencyof contract.

In case, the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay areasonable amount not exceeding a sum of Rs. 20,000/- for diploma holder and not exceeding asum of Rs. 40,000/- for Electrical Engineer Graduate for the month or a part of default. Thedecision of the Engineer-in-Charge as to the period for which the required technical staff was notemployed by the contractor as to the reasonableness of amount to be deducted on this accountshall be final and binding on the contractor. The deputed staff of the contractor has to keep goodliaison with the Railway for execution of work .

--------------------------- x-------------------------

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CHAPTER-2

1.2 CONDITIONS OF PRICES AND PAYMENT TERMS:

1.2.1 SCOPEThis chapter deals with prices to be paid for supply and erection including testing ,commissioning of various plants/equipments for items of works or for supplies and otheramounts payable in accordance with accepted schedules of prices and rates and terms andconditions of payment mentioned herein.

1.2.1.1 This is a composite works contract. The total prices for the completed items of work arethe actual prices to the contractor as per the terms and conditions of the contract.

1.2.2. UNIT PRICES:1.2.2.1 The rate quoted by the tenderer and accepted by the purchaser shall hold good till the

completion of the work and no additional individual claim will be admissible on accountof fluctuation in market rates etc. or due changes in tax structures

1.2.2.2. The rate quoted by the tenderer shall include the cost of materials, all taxes and EDErection, testing and commissioning including all incidental charges like freight,Transport , loading / unloading, handling of materials, lifting , descent, insuranceCoverage or bankers charges, indemnity bond etc.

1.2.2.3 The rate quoted by the tenderer shall include the cost of materials including allincidental charges mentioned in 1.2.2.2. Above in case specifically directedby Railway for supply only.

1.2.2.4 The rate quoted by the tenderer shall include the cost of erection ,testing andcommissioning including all incidental charges in case of the materials supplied by thepurchaser as indicated in the schedule.

1.2.3 EXPLANATORY NOTES :Explanatory notes for various items of works included in the schedule are given InPart II of the tender paper. Tenderer should carefully read and include all the Cost ofmaterials and erection testing and commissioning as clearly explained in the explanatorynotes .

1.2.4 TERMS OF PAYMENT:(i) Subject to any deduction or recoveries which the purchaser may be entitled to make

under the contract, the contractor shall unless otherwise agreed to be entitled to getthe payments subject to conditions stipulated in the subsequent clauses.

(ii) Railway will arrange monthly payment at the end of every month . Payment will bearranged by Sr. Divisional Finance Manager, S.E.Railway, Adra for the bills submittedto Sr. Divisional Electrical Engineer (TRD)/Adra, through Section Engineer(RRD/Adra), subject to following :-

i) Execution of indemnity bond on stamp duty in case of any materials taken bycontractor from Railways.

The bills for payment should accompany a copy of penalty imposed ,if any, during themonth for which payment is claimed and clearance certificate from the Section Engineer(RRD/Adra, indicating the successful job completed by tenderer during last month.

1.2.5 (i) ON ACCOUNT PAYMENTThe contractor shall be entitled to be paid from time to time by way of On Accountpayment only for such works as in the opinion of the Engineer he has executed in theterms of contract. All payments due on the Engineers or the Engineer’s representativescertificates of measurements shall be subject to any deduction which may be made underthese presents and shall further be subject to unless otherwise required by clause of thesecondition , a retention of ten percent by way of security deposits, until the amount ofsecurity deposit by way of retained earnest money and such retention shall amount to 10% of the total value of the contract provided always that the Engineer may be anycertificate make any correction or modification in any previous certificate which shall havebeen issued by him and that the Engineer may withhold any certificate if the works or anypart thereof are not being carried out to his satisfaction.

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(ii) Rounding off amounts :- The total amount due on each certificate shall be rounded ofto the nearest rupees i.e. sums less than 50 paisa shall be omitted and sums of 50 paisaand more up to Rs. 1 will be reckoned as Rs. 1.(iii) On account payment :- Payment not be judicial to final settlement – ‘On accountpayment’ made to the contractor shall be without prejudice to the final making of theaccount (except where measurements are specifically noted in the measurement book asfinal measurement and as such have been signed by the contractor) and shall in no respectbe considered or used as evidence of any facts stated in or to be inferred from suchaccounts nor of any particular quantity of the work having being executed nor of themanner of its execution being satisfactory.(iv) Manner of payment: - Unless otherwise specified payments to the contractor will bemade by cheque but no cheque will be issued for an amount less than Rs. 100/-.

1.2.6 FINAL PAYMENT :The final payment will be made through the final bill only after satisfactory completion ofthe entire contractual work , satisfactory operation and handing over of the assets to theRailway duly tested and commissioned subject to compliance of the following application:i) A “No claim” certificate in favour of Railway is issued by the contractor.

1.2.7 PAYMENT OF PRICE VARIATION :No price variation clause will be applicable. All prices to be quoted shall be firm.

1.2.8 PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES:The unit prices quoted by the tenderer and accepted by the Railway Administration Shall befirm. Also the purchaser will not be responsible for payment of duties and taxes made by thetenderer under misappropriation of law.

1.2.9 FINAL SETTLEMENT AND REFUND OF SECURITY DEPOSIT:On expiry of the warranty period , if applicable, and issue of the certificate for finalacceptance produced all the dues payable by the contractor to the Railway have been dulypaid or otherwise made good by the contractor , the security deposit will be refunded to thecontractor on production and surrender of the relative original receipts granted by theRailway in case it was paid in cash, and where the security deposit is in the form of bankguarantee will terminate the contract.

1.2.10.1 The security deposit shall however , be liable to the forfeited in case of any breach by thecontractor of any of the conditions of the contract or for non completion of the fullcontract without prejudice to other rights and remedies of the Railway whetherspecifically provided for herein or otherwise.

1.2.11 POST PAYMENT AUDIT:It is an agreed term of the contract that the Railway reserves to itself the right to carryout apost payment audit and or technical examination of the works and the final bills, includingall supporting vouchers, abstracts etc. and to make a claim on the contractor for the refundof any excess amount paid to him if as a result of such examination any over payment tohim is discovered to have been made in respect of any work done or alleged to have beendone by him under the contract.

1.12.12 MEASUREMENT:Payment for the work shall be made in accordance with the specifications, approveddesigns and drawings and measured in relevant units . The measurement will be madegenerally in accordance with Tender schedule in conformity with the explanatory notes ofthe Tender schedule , specification and standard engineering practices.

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1.2.12.1 MEASUREMENT OF WORK :The contractor shall be paid for the works at the rates in the accepted schedule of ratesand on the measurement taken by the Engineer or the Engineer’s representative inaccordance with the rules prescribed for the purpose of the Railway:i) The quantity for items the unit for which it is prevalent ,accepted schedule of rates

shall be recorded .ii) Such measurement will be taken of the work in progress from time to time and at

such intervals as in the opinion of the engineer or his representative shall beproper having regard to the progress of work . The date and time on which themeasurement are to be made shall be communicated . The contractor who shallbe present at the site and shall sign the results of the measurement which shallalso be signed by the Railway’s Engineer or the Engineer ‘s representative recordedin the official measurement book as an acknowledgement of his acceptance of theaccuracy of the measurement .In the event of failure, on the part of the contractor to attend the work may bemeasured in his absence and such measurements shall not withstanding suchabsence be binding upon the contractor whether or not he shall have sign themeasurement book , provided always that any objection made by him toany measurement shall be duly investigated and considered in the manner setout below :-a) It shall be open to the contractor to take specific objection to any recorded

measurement or classification on any ground within 3 days from the date ofmeasurement . Any measurement taken by the Engineer or his representativein the presence of the contractor or in his absence after due notice has beengiven to him on consequence of the objection made by the contractor , shall befinal and binding on the contractor and no claim whatsoever shall thereafterbe entertained regarding the accuracy and classification of the measurement .

b) If any objection raised by the contractor is found by the Engineer to beincorrect, the contractor shall be liable to pay the actual expenses incurred inthe measurements

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SPECIAL CONDITION-I

1. This contract is governed by General conditions of the contract (GCC) of South EasternRailway as amended from time to time .The existing GCC are forming the part of thisdocument. In addition , these special condition are applicable to this tender . In case ofconflict between special condition and GCC, the special condition will prevail. Decision ofSr. DEE/TRD/ADRA shall be final and binding in case of any dispute.

2. The tenderer shall sign on every page of tender document and submit along with their offer.Submission of duly signed tender document shall be deemed to imply that he has readunderstood and abided by the conditions laid down in the tender document.

3. Rate in each schedule should quoted in words and figures in case of any variation in theamount given in figure and words, the lower of the two will be considered.

4. Quoted rates should be firm and inclusive. Price variation is not acceptable.

5. Conditional offers, conditional rebate and incomplete offers will not be considered and thesame are likely to be summarily rejected.

6. Tenderer should give their full address of correspondence including telephone, fax and nameof contact person clearly in their offer.

7. Tenderer in their own interest may inspect site of work before submission of their offer, inorder to assess the difficulties likely to face during the course of execution of work. Any pleain this regard will not be entertained after wards.

8. Quantity of any item may vary during execution of the work as decided bySr.DEE/TRD/ADA or his authorized representative minus 25% or plus 25% of total value ofthe work mentioned in acceptance letter as per the following:

The procedure detailed below shall be adopted for dealing with variation in quantitiesduring execution of contracts :

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% andpayment would be made as per the agreement rate. For this no finance concurrence isrequired.

2. In case an increase in quantity of an individual items by more than 25% of the agreementquantity is considered unavoidable, the same shall be got executed by floating a freshtender. If floating a fresh tender for operating that items is considered not practicable,quantity of that items may be operated in excess of 125% of the agreement quantity subjectto the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of anofficer of the rank not less than S.A. Grade.

(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of theconcerned item, shall be paid at 98% of the rate awarded for that item in that particulartender.

(ii) Quantities operated in excess of 140% but up to 150% of the agreement quantity of theconcerned item shall be paid at 96% of the rate awarded for that item in that particulartender.

(iii) Variation in quantities of individual items beyond 150% will be prohibited and would bepermitted only in exceptional unavoidable circumstances with the concurrence of associatedfinance and shall be paid at 96% of the rate awarded for that item in that particular tender .

(b) The variation in quantities as per the above formula will apply only to the Individual items ofthe contract and not the overall contract value.

(c) Execution of quantities beyond 150% of the overall agree mental value should not bepermitted and ,if found necessary, should be only through fresh tender or by negotiatingwith existing contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C) andapproval General Manager.

3. In case where decrease is involved during execution of contract:(a) The contract signing authority can decrease the item upto 25% of individual item with out

finance concurrence.(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the

approval of an officer not less than rank of S.A.Grade may be taken, after obtaining ‘Noclaim certificate’ from the contractor and with finance concurrence, giving detailed reasonsfor each such decrease in the quantities.

(c) It should certified that the work proposed to be reduced will not be required in the samework.

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4. The limit for varying quantities for minor value items shall be 100% (As against 25prescribed for other items). A minor value item for this purpose is defined as an item whoseoriginal agreement value is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items.6. As per SOR items are concerned, the limit of 25% would apply to the value of SOR schedule

as a whole and not on individual SOR items. However, in case of NS items, the limit of 25%would apply and the individual items respective of the manner of quoting the rate( Singlepercentage rate or individual item rate).a) Decision of Sr.DEE/TRD/ADA regarding minus variation as per the Railway’s

requirement will be final and binding on the contractor.

9. The tenderer is required to submit a plan for executing the work so as to complete the job inthe specified period along with offer.

10. The tenderer should survey the site/location and get himself acquainted with all the detailssite conditions before making the offer.

11. The tenderer must submit along with the offer an undertaking clearly specifyingthe period by which all materials will be made available to the custody of the Railway,where equipments are to be supplied by the tenderer. Such under taking will beindependent of the actual progress of the work as envisaged in the offer. The failure tosupply equipments or materials due to failure of tenderers, sub-contractor will not beaccepted as excuse for delay in execution and for extension.

12. The LD Clause will be applicable in Phase wise both for non-completion of work as detailedin the plan for execution of the job and non-supply of materials ,if any, by thetenderer/contractor in time.

13. If there is any item which is not covered by the special conditions of contract or by the termsand conditions mentioned elsewhere in the tender, the terms and conditions mentioned inthe general conditions applicable to works contract of S.E. Railway shall apply. In casethere is any condition between special conditions and general conditions of contract, thespecial conditions of contract shall prevail.

14. The following documents should be specified for submission along with tender.a)List of personnel organization available on hand and proposed to be engaged for the

subject work.

b) List of Plan and machinery available on hand (own) and proposed to be inducted (ownand hired to be given separately) for the subject work.

c) List of work completed in the last three financial years giving description of work,organization for whom executed, approximate value of contract at the time of award,date of award and date of schedule completion of work. Date of actual start, actualcompletion and final value of contract should also be given.

d) List of works on hand indicating description of work contract value, approximate valueof balance work yet to be done and date of award.

15. An arrangement should be made to accommodate Ladder of Approx.7 to 8 mts. Lengthon the pick-up vehicle

16. Loading portion i.e. rear portion of the vehicle should be covered with TarpaulinCloth/G.I.Sheet etc. as roof to save man and materials in Rainy season and one ladder,earth rod can be tied up with roof.

17. The tenderer has to make arrangement for accommodation of ladder, tools & equipmentetc. and also sitting arrangement for staff as per instruction of Railway .

18. The vehicle to be provided by the tenderer on hiring must have carrying capacity ofapprox. 02 ( Two) tonne

19. The tenderer must have to ensure that movement of vehicles to be provided on hiringalong with men and materials of the concerned OHE depot/ or from any other OHEdepots of ADRA division as per instruction of Railway within 20 minutes of theinformation given on mobile/ cell phone or by any other means .

----------------------- X --------------------

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South Eastern Railway

TENDER FORM

ToThe President of India,Acting through the Sr. Divisional Electrical Engineer (TRD),South Eastern RailwayAdra.

Sir,Sub: TENDER NO: TRD/ADA/OT-2011/5, dtd 07.06.11

I/We M/s………………………………………………… have read the various conditions to tenderattached hereto and hereby agree to abide by the said conditions. I/We also agree to keep thistender open for acceptance for a period of …………days from the date fixed for opening the sameand in default thereof, I/We will be liable for forfeiture of my/our Earnest Money deposit. I/Weoffer to do the work at the rates quoted in the attached rate sheet and hereby bind myself /our selfto complete the work in 12 months from the date of issue of the letter of acceptance to the tenderer.I/We also hereby agree to abide by the general condition of the contract and standard specificationfor materials and works laid down by the Railway.

Earnest money as mentioned below is forwarded herewith.

1. Rs 30,180.00 (Rupees Thirty thousands one hundred eighty only )2. Description of vehicle :-

The following particulars of vehicle are submitted

1 Make

2 Registration No.

3 Year of manufacture

4 Owner of the vehicle

The full value of earnest money as deposited shall stand forfeited without prejudice to anyother rights or remedies if

a) I/We do not execute the contract agreement within seven days after receipt of noticeissued by the Railway that such documents are ready or

b) I/We do not commence the work within 10 days after receipt of order to the effect orc) I/We do not quote the rates for the vehicle.

Until a formal agreement is prepared and executed, accepted of this tender shall constitutea binding contract between us subject to modifications as may be mutually agreed between us andindicate the letter of acceptance of my/our offer for this work.

Tenderer’s Address: Signature of Tenderer/s

Date:

Signature of witnesses

1.

2.

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FORM 6

INDEMNITY BOND FOR ON ACCOUNT PAYMENTS

We, M/s _________________________ hereby undertake that we hold at _____________(fill in the name of location) for and on behalf of the president of India acting in the premisesthrough the Sr. Divisional Electrical Engineer (TRD), S. E. Railway , Adra ( herein afterreferred to as the “Purchaser” and as his property in trust for him all materials works for whichon account payments have been made to us against the contract for _______vide letter ofacceptance of tender No.__________ dated ___________ until such time the materials/works are dulyinstalled /and communicated or otherwise handed over to him.

We shall be entirely responsible for the safe custody and protection of the said materials against allrisk till they are duly delivered as installed / and commissioned to the purchaser or as he maydirect otherwise and shall indemnity the purchaser against any loss, damage or deteriorationwhatsoever in respect of the said materials while in our possession. The said materials/worksshall at all time be open inspection by officer authorized by the Sr. Divisional Electrical Engineer(TRD), S. E. Railway , Adra..

Should any loss, damage or deterioration of materials/works occur and refund become due, thepurchaser shall be entitled to recover from us the full cost without prejudice to any other remediesavailable to him by deduction from any sum due or any such which at any time hereafter becomedue to us under the said or any other contract.

Dated___________day of ______2011For and on behalf of

M/s________________(contractor)

Signature of witness

Name of witness inBlock letters_________

Address_______________

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TENDER FORM

OFFER LETTER

ToThe President of India,Acting through the Sr. Divisional Electrical Engineer (TRD),South Eastern RailwayAdra.

1. I/We M/s………………………………………………… have read the various conditions to tenderattached hereto and hereby agree to abide by the said conditions. I/We also agree to keep thistender open for acceptance for a period of …………days from the date fixed for opening the sameand in default thereof, I/We will be liable for forfeiture of my/our security deposit. I/We offer to dothe works as detailed in the attached schedule of prices.

2. I/We hereby bind myself /our self to complete the work within the time limits specified inthe conditions of tender. I/We also hereby agree to abide by the general and special conditions ofcontract and to carry out the works according to the specifications of materials and work laid downby the Railway for the present contract.

3. I/We hereby declare that I/We possess a copy of the S.E.Railway schedule of labour andmaterials rate, revised section 1974, volume (1) and general conditions of contract and standardspecification 1994, Volume (2) corrected upto date have gone through the rates , regulations , fortender and contracts , general conditions, standard specifications and other particulars embodiedtherein and have fully understood and abide by them .

4. A sum of Rs……… ………….. (Rupees ……………………………………………………….) onlyvide………………………………………. is hereby forwarded as earnest money . The full value of theearnest money shall stand forfeited without prejudice to any other rights for remedies if :

a) I/We withdraw my/our offer within the validity of tender.b) I/We do not execute the contract documents within seven days after receipt of

notice issued by the Railways that such documents are ready ,c) I/We do not commence the work within ten days after receipt of order to that

effect.

5. Until a formal agreement is prepared and executed acceptance of this tender shall constitutea binding contract between us subject to modifications as may be mutually agreed to between usindicated in the letter of acceptance of my/our offer for this work.6. I/We enclosed the Income Tax , sales tax clearance certificate or a declaration to that effectas required under Para 1.1.7 of the tender papers pertaining to me/us for the year.

Tenderer’s Address: Signature of Tenderrer/sDate:Signature of witnesses1.2.

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ADRA DIVISION

RATE SHEET

Name of the work : Hiring of 04(Four) Nos. of four Wheeler Pick-up vehicles (TATA-207 or similar)for Chandil , Purulia , Damodar & Bokaro OHE Depots of Electrical (TRD)Department of ADRA Division for one year.

Tender value: Rs 15,08,587.00 (Rupees Fifteen Lakhs Eight Thousands Five Hundreds and EightySeven only)

Sl.No.

Description of the works Rates to be quoted by thecontractorRates infigure

Rates in words

1

(Schedule –I )Fixed charges for hiring a vehicle Tata- 207/Equivalentper Month (Sch. Rate : Rs 23,778.90 per month per vehicle).(Sch.Rate : Rupees Twenty Three Thousands SevenHundreds Seventy Eight and Ninety paisa only per month)

2 (Schedule –II )Rate per Kilometer running for Tata-207/Equivalent(Sch.Rate : Rs 5.10 per Km per vehicle)(Sch.Rate : Rupees Five and Ten Paisa only per Km)

NOTE:1. The tenderer should quote both in figures and words2. Conditional Tender will be summarily rejected.3. Rates should be inclusive of all Taxes and Duties.

4. The Road vehicle will be hired for the period of 12 (Twelve ) Months from the date of award .5. S.E.Railway, Engineering Department G.C.C.and standard specification will also be applicable

over and above special conditions.

Signature of the Tenderer (s) with seal

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Schedule of PriceName of work :- Hiring of 04(Four) Nos. of four Wheeler Pick-up vehicles (TATA-207 or similar)for Chandil , Purulia , Damodar & Bokaro OHE Depots of Electrical (TRD) Department of ADRADivision for one year

(Note: This Schedule of Price should be read in conjunction with Explanatory notes attached withit)

Tender Schedule (Per Vehicle)

Schedule-I

Sr. No. Description of item UnitQty.in

monthRate in Rs.

Total cost( In Rs. )

1 Fixed charges Month 12 23778.90 285346.80

Total cost for schedule -I 285346.80

( Rupees Two Lakhs Eighty Five Thousands Three Hundred Forty Six and Eighty Paisa only)

Schedule-II

Sr. No. Description ofitem

UnitQty.

in KmRate in Rs.

Total cost( In Rs. )

1Running charges Km 18000 5.10 91800.00

Total cost for schedule -II 91800.00(Rupees Ninety One Thousands Eight Hundreds only)

Total cost of Hiring of a vehicle: (Schedule I + Schedule II) = (Rs 285346.80/- +Rs 91800.00/-)= Rs 3,77,146.80

(Rupees Three Lakhs Seventy Seven Thousands One Hundred Forty Six and Eighty paisa only)

Total cost for hiring of 04 (Four) vehicles = Rs. 3,77,146.80 X 4 = Rs. 1508587.20.i.e. Rs. 15,08, 587.00.

(Rupees Fifteen Lakhs Eight Thousands Five Hundreds Eighty Seven Only)

Sr.DEE/TRD/ADRA

Page 30 of 30

Special condition -II1. The vehicle will be hired for 12 months from the date of issue of letter of acceptance. The

validity of hiring arrangement may further extended for a period of maximum 03 (three)months at the same rates, terms and conditions if the service provided found satisfactory.

2. The lump sum charges include all major /minor repairs, servicing of the vehicle, cost of HSDoil /petrol, lubricant and any other consumable required from time to time, drivers’ salary andother allowances, all taxes, duties incidental charges, penalty etc. as imposed by central/StateGovernment or local bodies for running of the vehicle are to be borne by the tenderer.

3. If the vehicle is out of order, and alternative vehicle in good shape should be temporarily madeavailable to the Railways failing which a penalty of Rs.1000/- per day will be imposed.

4. The vehicle should be made available to the Railway with Driver, fuel etc. between 06.00 hrs. to18.00 hrs. on all days of a week. If required, the Railway also may utilize the vehicle beyondthis hours without any extra payment, but that extra hire will be compensated by giving Rest.

5. The vehicle will be garaged at Concerned OHE Depots. Though it is hired for one OHE depot, itmay also be utilized at any places as per requirement of Railway Administration.

6. The quoted rates are firm and no price variation will be accepted for any increase in the priceof HSD oil, petrol and lubricants during the currency of the contract.

7. The vehicle will move as per instruction of authorized representative of the Railway.8. In case the vehicle is detained over night at Head Quarter or at outstations, no accommodation

will be provided to the driver by the Railway.9. In case services of contractor are not satisfactory or the Railway does not require the vehicle no

more, the contractor may be terminated with one month notice to the contractor.10. The placement of Tata-207/Equivalent should not be older than two years and only vehicles

registered new on or before the two years from the date of opening of tender will be consideredfor placing on hire. The contractor has to give full details of registration number, date ofregistration etc of the vehicle if already owned and hire by him or details of registration etc. ifproposed to be purchased new. The condition of the vehicle should be excellent.

11. The tenderer(s) must submit the details of the vehicle/vehicles along with the tender.12. The driver of the vehicle should maintain a Log Book.13. Driver should have a valid driving license and vehicle should be insured against accident etc.

as per rules and statutory obligations.14. Payment to the hire charges will be made once in a month in the form of A/c payee Cheque

after due verification of log book by the concerned Railway official.15. Tender documents in which tenderers submit tender shall become property of the Railway and

the Railway shall have no obligation to return the same to the tenderers.16. The complete responsibility of safe running of vehicle will be of the vehicle owner only. Railway

will not be responsible for any loss, damage of accident to the vehicle/driver.17. Railway in no case responsible for legal matters arising out of any state or central government

laws in matter of employing the driver by the owner of the vehicle.18. The tender should be accompanied by the vehicle registration document duly attested.19. No joint venture will be accepted.20. The driver should be provided with cell phone for which no extra payment will be made. It is

the binding to the tenderer to supply cell phone to the driver for communication with Railwayadministration and driver for which no extra payment will be paid.

21. In case of emergency, driver should be available at depot within 15 to 20 minutes onemergency call over mobile phone provided by the tenderer.

22. The tender is governed by GCC of Railway and it is mandatory to the tenderer to follow thesame.

23. The minimum wage rate as stipulated by the state Govt./Central Govt. is to be followed by thetenderer.

24. In case of vehicles not made available for any day, payment will be made after deducting thatparticular day. A calendar month of 30 days will be treated as a month for purpose ofcalculation of days.

25. The driver operating the vehicle should be sober in nature / behaviour and should not come inintoxicated condition failing which the driver should be removed with another driver.

Explanatory note on scheduleSchedule I & II Item No.1.

The rate is inclusive for supply of vehicle on contract basis for one year with driverincluding all type of repair, cost of lubricant, fuel etc. and also including all taxes, levies, vatetc. and applicable by the State/Central Govt. revised time to time.

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