Tender invited for Development of Train Collision Avoidance System

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e paid the wages to labour indirectly engaged on the contract including any engaged by his sub-contractor in connection with the said contract, as if the labour had been immediately employed by him. (iv) In respect of all labour directly or indirectly employed in the contract for performance of the contractor’s part of the contract, the contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable. (v) In every case in which, by virtue of the provisions of the aforesaid Act, or the Rules, the Purchaser is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the contract or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Purchaser due to the contractor’s failure to fulfil his statutory obligations under the aforesaid Act of the Rules, the Purchaser will recover from the contractor, the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the Purchaser under section 20, sub-section (2) and section 21, sub-section (4) of the aforesaid Act, the Purchaser shall be at liberty to recover such amount or part thereof by deduction it from the amount of the Performance Guarantee Bond and/ or from any sum due by the Purchaser to the contractor whether under the contract or otherwise. The Purchaser shall not be bound to contest any claim made against it under sub section (1) of section 20 and sub-section (4) of section 21 of the aforesaid Act except on the written request of the contractor and upon his giving to the Purchaser full security of all costs for which the Purchaser might become liable in contesting such claim. The decision of the Purchaser regarding the amount actually recoverable from the contractor as stated, shall be final and binding on the contractor. 2900. ARBITRATION AND CONCILIATION In case a dispute arises with regard to this contract every effort shall be made to solve the dispute / conflict in a friendly way. If the parties however, cannot achieve an agreement in the event of any question, dispute, or difference arising under these conditions or any special condition of the contract, or instructions to tenderers or in connection with this contract (except as to any matters the decision of which is specifically provided for by these conditions or instructions to the tenderers or these special conditions) the same shall be referred to arbitration under the Arbitration and Conciliation Act 1996, to the DG/ RDSO who shall appoint suitably gazetted railway officer/officers as arbitrators. The gazetted railway officer/ officers to be appointed as arbitrator however, will not be the one of those who had opportunity to deal with the matters to which the contract relates or who in the course of their duties as railway servant had expressed views on all or any of the matter under dispute or difference. The award of the arbitrator (s) shall be final and binding on the parties of this contract. 3000. SECRECY 3001. The Contractor shall take all reasonable steps necessary to ensure that all persons employed in any work in connection with the contract, have full knowledge of the Official Secrets Act and any regulations framed there under. 3002. Any information obtained in the course of the execution of the contract by the contractor, his servants or agents or any person so employed, as to any matter whatsoever which would or might be directly or indirectly, of use to any enemy of India, must be treated secret and shall not at any time be communicated to any person. 3003. Any breach of the aforesaid conditions shall entitle the Purchaser to cancel the contract and to purchase or authorise the purchase of the stores at the risk and cost of the contractor in accordance with the clause-0902 of the General conditions of contract. In the event of such cancellation, the stores or parts manufactured in the execution of the contract shall be taken by the Purchaser at such price as he considers fair and reasonable and the decision of the Purchaser as to such price shall be final and binding on the Contractor 3100. Safety Measures: Tender No. SP-3/041/Signal/OT/2012 36 of 60
3101. The Contractor should take all precautionary measures in order to ensure the protection of his own personnel moving about or working on the railway premises, and should conform to the rules and regulations of the Railway. 3102. The Contractor should abide by all railway regulations in force from time to time and ensure that the same are followed by his representative, agents or sub-contractor or workmen. 3103. The contractor should ensure that unauthorised, careless or inadvertent operation of installed equipment which may result in accident to staff and/or damage to equipment does not occur. 3104. The Controller should indemnity and keep the Purchaser indemnified and harmless against all actions, suits, claims, demands costs charges or expenses arising in connection with any accident, death or injury; sustained by any person or persons within the railway premises and any loss or damage to railway property sustained due to the acts or omissions of the Contractor irrespective of whether such liability arises under the workman's compensation act or the fatal accidents act or any other statute in force from time to time. 3200. Special conditions The special conditions of contract as per part II of bid document, wherever they differ from the Invitation to Tender, Instruction to Tenderers and IRS conditions of contract override the latter. Tender No. SP-3/041/Signal/OT/2012 37 of 60 …
Page 1 and 2: GOVERNMENT OF INDIA MINISTRY OF RAI
Page 3 and 4: 7.0 Tenderers can download and use
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discretion at the time during the 5
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Tender invited for Development of Train Collision Avoidance System

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