Title Page - Northern Railway

VkbVy istTitle Pagefufonk çi«kTender DocumentManufacturing , supplying, Installation, Testing ,Commissioning of Digital Printing Sign Board & ElectronicsBoard for various Section ,Exhibition hall & Conferrenceroom in Electric Loco Shed, Ghaziabad. ( balance 7 item).eSU;wQsDpfjax] lIykbax] bUlVkys’ku]VsfLVax] deh’kfuax vkQ fMftVy fizfUVaxlkbu cksMZ ,.M bySDVªªksfud cksMZ Qkj csfj;l lSD’ku] ,Xthoh’ku gky ,.MduQjSal :e vkQ bySDfVªd yksdks 'kSM] xkft;kckn AcsysUl 7 vkbVeAfufonk lwpuk la[;k 230&fo-&py LVk&xkft-&vkjåVhå &2008&09&11[kqyus dh frfFk % 09&03&2011Tender No.230-Elect/TRS/GZB/RT/2008-09/11Due on 09/03/2011Issued byofj- e.My fctyh bathfu;j py LVkdmRrj jsyos] fo|qr yksdks 'kSMxkft;kcknSr. Divisional Electrical Engineer-RSElectric Loco Shed,Northern Railway,Ghaziabadu¨V&bl fufonk izi= esa dqy 40 ist gSA ¸kg izi= eqy #i l¢ okil djuk gSA bl fufonk izi= d¢izR¢;d ist dh tkudkjh ds izek.k Lo:i VsMajkj dks eksgj lfgr izR¢;d ist es gLrk{kj djuk gSANote : The tenderer to please note that this booklet is containing 40 pages. This mustbe returned intact in original. Each page of this booklet must be signed and stamped bythe tenderer in token of having gone through the contents of the respective page.1

Top SheetOffice of the Sr. Divisional Electrical Engineer-RSElectric Loco Shed, Northern Railway, GhaziabadName of Work:- Manufacturing ,Supplying , Installation , Testing , Commissioning of DigitalPrinting Sign Board & Electronic Board for various Section , Exhibition hall & conference roomof Electric Loco shed , Ghaziabad.for balance 7 item.Tender No. 230-Elect-TRS-GZB-RT-2008-09/11 Dated :04.02.2011For,Tender Booklet No.__Issued to:M/s ……………………………………………………………………………..………………………………………..………………………………………..………………………………………..Issued by:Sr. Divisional Electrical Engineer-RSElectric Loco Shed, Northern Railway,GhaziabadPrice in Rs.1000/-Cash receipt no………………………… (enclosed photocopy of cash receipt)dated………….Note : All the pages of these tender documents must be returned in original, duly signedand stamped on each page by the tenderer, with their offers.2

Contents1. Title page 012. Top Sheet 013. Contents 014. Tender notice 025. General conditions of contract (Chapter – I) 206. Special conditions of contract (Chapter – II) 027. Technical scope of work (Chapter – III) 028. Schedule of price (Chapter – IV) 039. Tender, Form A (Annexure – I) 0110. Agreement of works, Form B (Annexure – II) 0211. Revised model of bank guarantee (Annexure – III) 0212. Deed for extension of bank guarantee (Annexure – IV) 0113. Indemnity bond, Form E (Annexure – V) 023

TENDER NOTICEELECTRIC LOCO SHEDGHAZIABAD.Tender Notice No. 230-Elect-TRS-GZB-RT-2008-09/1 1 Dt 04.02.2011Sealed open tenders are invited by Senior Divisional Electrical Engineer, RS, Electric LocoShed, Northern Railway, Ghaziabad, from reputed ,reliable and experienced contractor for andon behalf of President of India for the under stated work.1) Tender No. :230-Elect-TRS-GZB-RT-2008-09-112) Name of works Manufacturing ,Supplying , Installation , Testing , Commissioning ofDigital Printing Sign Board & Electronic Board for various Section , Exhibition hall & conferenceroom of Electric Loco shed , Ghaziabad.for balance 7 item.Location: Electric Loco Shed , Ghaziabad.3) Cost of Tender Rs.1000/-( non –Refundable)4) The Tender document can be purchased from the office of Senior Divisional ElectricalEngineer, RS, Electric Loco Shed, Northern Railway, Ghaziabad on application andon production of original money receipt. The money receipt can be had from the ChiefBooking Clerk, Ghaziabad after paying the requisite cost of tender with application.The tender document will not be sent by post and thus intending tenderer shall makehis own arrangement for purchase of tender document. The tender document will beavailable for sale on all working days from 07/02/2011 to 08/03/2011 between 11.00hrs to 15.00 hrs.5) Earnest money: Rs.7,500/- (Rs.Seven thousand five hundred only) EMD should bepledged in the name of SENIOR DIVISIONAL FINANCE MANAGER, NORTHERNRAILWAY, NEW DELHI.6) Completion period of the work: 60 days from the date of issue of L.O.A.7) Date & time of Submission of Tender 09.03.2011 at 11.00.Date and Time of opening of Tender 09.03.2011 at immediate after 11.15 Hrs.8) Approximate value : Rs.2,99,950.00 (Rs.Two lakhs ninety nine thousand ninehundred fifty only)9) Validity of offer: 120 Days.10.Full details are given in tender document & the tender document is non transferableTender document can be seen in Rly Web site “www.nr.indianrail.gov.in” from07/02/2011 to 08/03/2011Cost of the tender documents which has been down loaded from website has also to be paid inthe shape of demand draft in favour of Sr.DFM/NR/New Delhi other wise the tender will besummarily rejected. Railway administration shall not be responsible for anydelay/difficulties/inaccessibility of the downloading facility for any reason whatsoever.In case of any discrepancy between the tender documents down loaded from Internet and theOffice copy available in Sr.DEE/RS//GZB‟s office, the latter shall prevail and will be binding onthe tenderer (s). No claim on this account shall be entertainedFor Sr. Divisional Electrical Engineer/RSGhaziabad4

fufonk lwpukmRrj jsyos]fo|qr yksdks 'kSMxkft;kckn Afufonk lwpuk la[;k 230&fo-&py LVk&xkft--&vkjåVhå&2008&09&11 fnukad% 04&02&2011ofj- e.My fo|qr vfHk;Urk&py LVkd&xkft;kckn }kjk Hkkjr ds jk"Vªifr dh vksj lsfuEufyf[kr dk;Z ds fy;s lEekfur] fo'oluh; ,oa vuqHkoh J®r®a ls eqgjcan [kqyh fufonk;savkeaf=r dh tkrh gSA1. fufonk la[;k % 230&fo-&pyå LVk&xkft--&vkjåVhå &2008&09&112 dk;Z dk fooj.k % eSU;wQsDpfjax] lIykbax] bUlVkys’ku]VsfLVax] deh’kfuax vkQfMftVy fizfUVax lkbu cksMZ ,.M bySDVªªksfud cksMZ Qkj csfj;llSD’ku] ,Xthoh’ku gky ,.M duQjSal :e vkQ bySDfVªd yksdks'kSM] xkft;kckn AcsysUl 7 vkbVeAy¨ds'ku% fo|qr yksdks 'kSM] xkft;kcknA3 fufonk izi=ksa dh dher % :- 1000-00 ¼vizfrns;½A4 fufonk izi= ofj- e.My fctyh bathfu;j &py LVkd&fo|qr yksdks 'kSM &mRrj jsyos&xkft;kckn] ds dk;kZy; ls jde jlhn tek djus ij izkIr fd;s tk ldrs gSA jde jlhn eq[;cqfdax DydZ xkft;kckn ls fu/kkZfjr vkosnu i= ds lkFk tek djus ij izkIr dh tk ldrh gSAfufonk izi= Mkd }kjk ughas Hksts tk,axsa blfy, bPNqd vkosnudrkZvksa dks Lo;a dz; djus dh O;oLFkkdjuh gksxhAfufonk izi=ksa fnukad 07&02&2011 ls 08&03&2011 rd 11 cts ls 15-00 cts rd lHkhdk;Z fnol es fodz; gsrq miyC/k jgsaxsaA5 /kjksgj jkf’k % :- 7]500&00 ¼ lkr gtkj ikWpl© :i;s dsoy½ A /kjksgj jkf'k ofj"B eaMy foÙkizca/kd] mRÙkj jsyos] uà fnYyh ds uke ij gksuh pkfg,A6 defIyLkku fifj;M% ,yåv¨å,å tkjh djus dh frFkh ls 60 fnu Rkd A7 fufonk Tkek djus dh frfFk ,oa le;% 09&03&2011 dks 11%00 cts rd rFkk [kqyus dhfrfFk ,oa le;% 09&03&2011] 11%15 cts ds rqjUr cknA8 vuqekfur ykxr % :-2]99]950&00 ¼n¨ yk[k fuU;kUos gtkj u© l© iWpkl :i;s dsoy½9 izLrko dh oS/krk % 120 fnu10 iw.kZ fooj.k fufonk izi= esa gS] fufonk izi= gLrkarj.kh; ughaa gSa A fufonk fooj.k jsyos dsosolkbV “www.nr.indianrail.gov.in” ij fnukad 07&02&2011 ls 08&03&2011 rdns[kk tk ldrk gSa A;fn fufonkdrkZ oso lkbV ls VsMj izi= Mkmu yksM djrs gS rksfufonk izi= ds ewY; ds cjkcj dh jkf'k fMekUM MªkV ds lkFk tks ofj"B eaMy foÙkizca/kd] mRÙkj jsyos] uà fnYyh ds uke gks rFkk fnYyh es ns; gks VsMj izi= ds lkFkmijksä frfFk rd tek dj ldrs gSaAjsy ç'kklu fdlh çdkj ds fcyEc@dfBukbZ@bUVjusV ls MkmuyksM djus esa vleFkZgksus ij ftEesokj ugha gksxkA ;fn MkmuyksM fd;s x;s VsaMj izi= es fdlh çdkj dhfola axfr gks rks mldk lek/kku ofj0 e.My fctyh bathfu;j @py LVkd@ xkft;kckndk;kZy; esa mifLFkr vkfQl dkih ls feyku djds fd;k tk ldrk gS ftlds fy,fufonkdrkZ dks dksbZ 'kqYd ugha nsuk gksxkAÑrs ofj0 e.My fctyh bathfu;j@py LVkdxkft;kckn A5

Chapter – IGeneral Conditions of ContractInstructions To Tenderers And Conditions Of TenderIntending tenderers are advised to study the instructions to tenderers and conditions oftender, special conditions of contract, specifications, drawings, schedules etc. allenclosed (all of which shall be read as a part of “Tender Document”). The tenderer shallbe deemed to have carefully examined the tender papers and understood theimplications thereof.Meaning Of Terms:In these regulations for tenders and contract the following terms shall have thedefinitions meanings assigned hereunder except where the context otherwise required.a) “Railways” shall mean the President of the Republic of India or the administrativeofficers of the Northern Railway or the successors authorized to deal with anymatters which these presents are concerned on his behalf.b) “General Manager” shall mean the officer in administrative charge of the whole ofrailway and shall mean and include the General Manager of the successorrailway.c) “Chief Electrical Engineer” shall mean the officer in charge of the Electrical Deptt.of Northern Railway and shall also include Chief Electrical Engineers of thesuccessor railway.d) “Engineer” shall mean the Chief Electrical Engineer, Northern Railway, BarodaHouse, New Delhi, in executive charge of the works and shall include thesuperior officers of the Electrical Deptt. of Northern Railway and also include theEngineers of the successor railway.e) “Engineer‟s Representative” shall mean any officer/ supervisor of Electric LocoShed, Northern Railway, Ghaziabad and shall mean and include the Engineer‟sRepresentative of the successor railway.f) “Contractor” shall mean the person, firm or company whether incorporated or notwho enters into the contract with the railway and shall include their executors,administrators, successors and permitted administrators, successors andpermitted assigns.g) “Divisional Railway Manager” shall mean the administrative office in charge of adivision of Northern Railway for the time being and shall mean and include theDivisional Railway Manager of the successor railway.h) “Tenderer” shall mean the persons, the firm or company who tenders for theworks with a view to execute the works on contract with the railway and shallinclude their personal representative, successor and permitted assigns.i) “Works” shall mean the works contemplated in the drawings & schedules setforth in the tender forms & description of contract and required to be executedaccording to the specifications.j) The „Works Contract‟ shall mean the contract resulting from the acceptance bythe Engineer of any tender either in whole or in part.6

k) The expression „Writing‟ shall include all matters written by typewriter or printedeither in whole or in part.l) The expression „month‟ shall mean any consecutive period of thirty days.m) „Specifications‟ shall mean the specifications for material and works asmentioned in technical chapter –III of tender document or as amplified, added toor superseded by special specification, if any, from time to time.n) „Drawings‟ shall mean the maps, drawing, plans and tracing or prints thereofannexed to the tender form, and shall include any modification of such drawingsand further drawings as may be issued by Engineer from time to time.o) Singular or plural: Words imparting the singular number shall be singularand plural also include the plural and vice versa where the context requires.1 The headings in these general conditions are solely for the purpose of facilitatingreference and shall not be deemed to be part thereof or be taken intoconsideration for the interpretation or construction thereof or of the contract.These regulations for tenders and contracts shall be read in conjunction with thegeneral conditions of contract which are referred to herein and shall be subject tomodifications, additions or suppression by special conditions of contract, if any,annexed to the tender forms.2 Contractors Credentials:The contrator shall furnish along with his tender the following documentsas mentioned below alongwith the tender.a) List of personnel, organisation available on hand and proposed to beengaged for the subject work.b) List of plant & Machinery available on hand (own) and proposed to beinducted (own and hired to be given separately) for the subject work.c) List of works completed in the last three financial years giving descriptionof work, organisation for whom executed, approximate value of thecontract at the time of award, date of award and date of scheduledcompletion of work, Date of actual start, actual completion and final valueof contract should also be given.d) List of works on hand indicating description of work, contract value,approximate value of balance work yet to be done and date of award.NOTE:i) In case of items (c) and (d) above, supportive documents/certificates from theorganisation withwhom they worked/ are working should be enclosed. These may be attestedcertificate from theemployer/client, audited balance sheet duly certified by the chartered Accountantetc.ii) Certificate from private individuals for whom such works are executed/ beingexecuted will not be accepted.3 Ownership of drawings & specifications: All drawings & specifications andcopies thereof furnished by the railway to the tenderer/ contractor are deemed tobe the property of the railway. They shall not be used on other works and withthe exception of the said contract shall be returned by the tenderer/ contractor to7

the railway with the competitive offer or on completion of works or termination ofcontract.4 Drawings & designs: Any detailed drawing or tracing required by the contractorto facilitate his work shall be prepared by the contractor at his own cost. Thetenderer would also submit the basis of design and the detailed drawing to therailway for prior approval of the competent authority and before under taking thework. This approval shall not release the contractor from his responsibilitytowards trouble free performance of the work.5 Omissions & discrepancies: Should a tenderer find discrepancies andomissions in the drawings in any of the tender forms or should he be in doubt asto their meaning, he should at once notify the authority inviting tender, who maysend written instructions to all tenderers. It shall be understood that everyendeavor has been made to avoid any error which can materially affect the basisof the tender and the successful tenderer shall take upon himself and provide forthe risk of any error which may subsequently be discovered and shall make nosubsequent claim or account thereof.6 Earnest money: The tenderer shall be required to deposit earnest money withthe tender for the due performance with the stipulation to keep the offer open tillsuch date as specified in the tender, under the conditions of tender. The earnestmoney shall be 2% of the estimated tender value as indicated in the tendernotice. The earnest money shall be rounded to the nearest Rs.10/-. This earnestmoney shall be applicable for all mode of tendering. The tender shall beaccompanied with earnest money of Rs.7,500/- in any of forms mentioned below:I) In cash at any railway station/ cash office of Delhi Division in the name ofSenior Divisional Finance Manager, Northern Railway, New Delhi andoriginal receipt must be enclosed with the tender.II) Deposit receipt, pay orders, demand drafts. These forms of earnestmoney could be either of the State Bank of India or of any of thenationalized banks. No confirmatory advice from the Reserve Bank ofIndia will be necessary,III) Deposit receipts executed by the Scheduled Banks(other than State Bankof India and the Nationalized Banks) approved by the Reserve Bank ofIndia for this purpose. The Railways will not, however, accept depositreceipt without getting in writing the concurrence of the Reserve Bank ofIndia.Note:- Bank guarantee bond will not be entertained as earnest moneydeposit. The tender will be summarily rejected if earnest money is notdeposited in the prescribed form. There is no exemption frompayment of earnest money deposit in the manner as mentioned above.This implies to small-scale units also in case of works contract.The railway shall not be responsible for any loss or depreciation that may happenthereto while EMD is in their possession nor be liable to pay any interest thereon.The EMD of successful tenderer shall be returned only after the receipt ofsecurity deposit.The earnest money taken for the due performance of the stipulation to keep theoffer open till the date specified will be refunded to the unsuccessful tendererswithin a reasonable time. The earnest money deposited by successful tenderershall be retained towards the security deposit for the due and faithful fulfillment ofthe contract. But shall be forfeited if the contractor fails to execute the agreement8

ond or start the work within a reasonable time (to be determined by theengineer) after notification of acceptance of his tender.7 Validity of offers: The tenderer shall keep the offer open for a minimum periodof 120 days from the date of opening of the tender within which period thetenderer cannot withdraw his offer, subject to the period being extended further ifrequired by mutual agreement from time to time. Any contravention of the aboveconditions will make the tenderer liable for forfeiture of his earnest money.Tenderer may fill in at the appropriate place on the tender document, the periodwithin which he undertakes to complete the work and return the same dulysigned stamped. The tenderer shall hold the offer open till such date as may bespecified in the tender. It is understood that the tender document have been sold/issued to the tenderer in consideration of the stipulation on his part that aftersubmitting his tender, he will not resile from his offer or modify the terms andconditions thereof in a manner not acceptable to the railway. Should tenderer failto observe or comply with the foregoing stipulation, the amount deposited asearnest money for due performance of the above stipulation shall be forfeited bythe railway.8 Sales tax clearance certificate: The tenderer is required to produce along withhis tender an authorized copy of the Sale tax clearance certificate. In case thecontractor has not submitted the valid Sale tax clearance certificate or the validityperiod of the S.T.C.C. previously submitted by him is found to have expired at thetime of acceptance of tender, the contractor will have to submit to the railway avalid and current S.T.C.C. No payment shall be made to contractor for the workcarried out or material supplied under this contract nor shall the contractor makea claim for any payment whatsoever until and unless valid and current S.T.C.C.is produced by him.9 Official forms to be used: The tenderer must submit his tender on the printedform of tender supplied, having attached thereto the tender papers duly signed atevery page and having filled in the schedule in ink stating therein all the ratesand amounts of the prices and charges of the tenderers, giving all informationand particulars asked for. The total prices in schedule must be written both inwords and in figures. Tenderer must quote for all the items of the schedule.10 The tenderer may, if he deems necessary, submit in the same envelope with histender a concise explanatory memorandum but no such memorandum or anyletter accompanying the tender shall form part of thetender. Any tenderer wishing to submit descriptive matter for consideration mayalso enclose it in the same envelope. The explanatory memorandum and/ordescriptive matter, if submitted, should be wrapped separately and distinctivelymarked before being enclosed in the envelope containing the tender.11 The price to be quoted by the tenderer in the schedule must be for the workstrictly in accordance with the specification. Should the tenderer be unable tocomply entirely with the conditions of contract disclosed in the tender papers, heshall enter all proposed departures there from in the space provided for thatpurpose in the schedule.12 Signing of tender & tenderer‟s address: Any individual or individuals signingthe tender or other documents connected therewith should specify whether he issigning:9

As sole proprietor of the concern, or his attorney or, as a partner or partners ofthe firm or for the firm per procreation or as a director/ manager/secretary in thecase of limited company.In the case of a firm not registered under the Indian Partnership Act, all thepartners or the attorney duly authorized by all of them should sign the tender andall other connected documents. A copy of the document empowering theindividuals to sign should also be sent with the form of tender. In any case thetenderer should disclose his constitution fully and attested copies of all necessarylegal documents in support thereof should be submitted with the tender andoriginals thereof should be produced as and when called for. The railway will notbe bound by any power of attorney granted by the tenderer or by change in thecomposition of the firm made subsequent to the execution of the contract. It mayhowever, recognize such power of attorney and changes after obtaining properlegal advice, the cost of which will be chargeable to the contractor.Every tenderer shall state in the tender his postal address fully and clearly. Anycommunication sent to a tenderer by post at his said address shall be deemed tohave reached the tenderer duly and timely not withstanding the fact that thecommunication could not reach the tenderer at all or in time because of anyinaccuracy or defect in the said address.13 No erasure or alteration in tender is permitted: No erasure or alteration in thetext of the tender papers is permitted and any such erasure and/or alteration willeither be disregarded or render the whole tender void at the option of the railway.14 Negotiations: Should the railway decide to negotiate with a view to bring downthe rates, the original offer will still be binding in case nothing materializes out ofthe negotiations.15 Advice of result to tenderer(s): The successful tenderer(s) will be advised byletter.16 Right to accept any tender: The authority of acceptance of this tender restswith the railway. The railway shall not be bound to accept the lowest or anytender or to assign any reason for non acceptance of any tender. No tender shallbe deemed to have been accepted unless such acceptance has been notified inwriting to the successful tenderer by the railway. The railway reserves the right toaccept any tender in respect of whole or any portion of the work specified in thespecification or to divide or reduce the work or to accept any tender less than thetendered quantity without assigning any reason whatsoever. If the tendererdeliberately tenders wrong information in his tender or creates circumstances forthe acceptance of his tender, the railway reserves the right to reject such tenderat any stage.17 Security deposit:1) The Earnest Money deposited by the Contractor with his tender will beretained by the Railways as part of security for the due and faithfulfulfillment of the contract by the contractor. The balance to make up thesecurity deposit, the rates for which are given below, may be deposited bythe Contractor in cash or may be recovered by percentage deductionfrom the Contractor‟s “ on account” bills. Provided also that in case ofdefaulting contractor the Railway may retain any amount due for paymentto the contractor on the pending “on account bills” so that the amount soretained may not exceed 10% of the total value of the contract.10

2) Unless otherwise specified in the special conditions, if any the SecurityDeposit/rate of recovery/mode of recovery shall be as under:-(a) Security Deposit for each work should be 5% of the contractvalue,(b) The rate of recovery should be at the rate of 10% of the billamount till the full security deposit is recovered,(c) Security deposit will be recovered only from the running bills ofthe contract and no other mode of collecting S.D such as S.D inthe form of instruments like BG, FD etc. shall be acceptedtowards Security Deposit.Security Deposit shall be returned to the Contractor after the physical completionof the work as certified by the competent Authority. The Competent Authorityshall normally be the authority who is competent to sign the contract. If thisCompetent Authority s of the rank lower than J.A Grade, then a JA Grade Officer(concerned with the work) should issue the certificate. The certificate, inter alia,should mention that the work has been completed in all respects and that all thecontractual obligations have been fulfilled by the contractors and that there is nodue from the contractor to Railways against the contract concerned. Beforereleasing the SD, an unconditional and unequivocal no claim certificate from thecontractor concerned should be obtained.3) No interest will be payable upon the Earnest Money and Security Deposit oramounts payable to the contractor under the Contract18. Performance Guarantee(P.G):_The procedure for obtainingPerformance Guarantee is outlined below :-(a) The successful bidder Shall have to submit a Performance Guarantee (PG)within 30 (Thirty) days from the date of issue of Letter of Acceptance.Extension of Time for submission of PG beyond 30 days and up to 60 daysfrom the date of issue of Letter of Acceptance may be given by theAuthority who is competent to sign the Contract agreement . However , apanel interest of 15% per annum shall be charged for the delay beyond 30(thirty) days i.e. from 31 st day after the date of the date of issue LOA. Incase the contractor fails to submit the requisite PG even after 60 days fromthe date of issue of LOA, the contract shall be terminated duly forfeitingEMD and other dues, if any payable against the contract. The failedcontractor shall be debarred from participating in re- tender for that work.(b) The successful bidder shall submit the Performance Guarantee(PG) in anyof the following forms, amounting to 5% of the Contract value.(i) A deposit cash receipt.(ii) Irrevocable bank Guarantee.(iii) Government securities including State Loan Bonds at %% belowthe Market value.(iv) Deposit receipt, Pay orders, Demand Draft, and Guarantee Bonds.These forms of Performance Guarantee could be either of theState Bank of India or of any of the Nationalized Banks .(v) Guarantee Bonds executed of Deposits Receipts tendered by allScheduled Banks,(vi) A Deposit in the Post Office Saving Bank.11

(vii)(viii)(ix)(x)(xi)A Deposit in the National Saving Certificates.Twelve years National Defence Certificates.Ten years Defence Certificates.National Dffence Bonds andUnit Trust Certificates at 5% below market value or at the facevalue whichever is less.Also ,FDR in favour of FA&CAO ( free from any encumbrance) may beaccepted.NOTE: The instruments as listed above will also be acceptable forGuarantees in case of Mobilization Advance.(c) The performance Guarantee shall be submitted by the successful bidderafter the letter of acceptance (LOA)has been issued, but before signing ofthe contract agreement. This P.G. shall be initially valid up to the stipulateddate of completion plus 60 days beyond that. In case , the time forcompletion of work gets extended, the contractor shall get the validity ofP.G. extended to cover such extended time for completion of work plus 60days .(d) The value of P.G. to be submitted by the contractor will not change forvariation up to 25% ( either increase or decrease). In case during thecourse of execution value of the contract increase by more than 25% of theoriginal contract value , an additional Performance Guarantee amountingto 5% (five percent) for the excess value over the original contract valueshall be deposited by the contractor.(e) The Performance Guarantee (PG) shall be released after Physicalcompletion of the work based on Completion Certificate issued by thecompetent authority stating that the contractor has completed the work inall respects satisfactorily. The Security deposit shall, however , be releasedonly after expiry of the maintenance period and after passing the final billbased on „No Claim Certificate‟ from the Contractor. .(f) Whenever the Contract is rescinded, the Security Deposit shall beforfeited and the performance Guarantee shall be encashed . The balancework shall be got done independently without risk & Cost of the failedcontractor. The failed contractor shall be debarred from participating in thetender for executing the balance work . If the failed contractor is JV or aPartnership firm, then every member / partner of such a firm shall bedebarred from participating in the tender for the balance work in his/herindividuals capacity or as a ,partner of any other JV/Partnership firm.(g) The engineer shall not make a claim under the Performance Guaranteeexcept for amounts to which the President of India is entitled under thecontract ( not withstanding and /or without prejudice to any otherprovisions in the contract agreement ) in the vent of :(i) Failure by the contractor to extend the validity of theperformance Guarantee as describe herein above, in whichevent the Engineer may claim the full amount of thePerformance Guarantee.12

(ii)Failure by the Contractor to Pay President of India anyamount due , either as agreed by the contractor ordetermined under any of the clause / conditions of theAgreement , within 30 days of the service of the notice tothis effect by Engineer.(iii) The Contract being determined or rescinded underprovision of the GCC, the Performance Guarantee shall beforfeited in full and shall be absolutely at the disposal of thePresident of India.19 Tender and agreement: The fact of the submission to the railway of the tendershall be deemed to constitute an agreement between the tenderers and therailway, whereby such tender shall remain open for acceptance for a period of120 days from the date and time on which tenders are opened during whichperiod the tenderer shall not withdraw his offers, nor amend, impair or derogatethere from. The earnest money deposited shall be forfeited if the tendererwithdraws amends, impairs or derogates from his tender in any respect within thesaid period of 120 days. Every tenderer shall be deemed to have agreed asaforesaid in consideration of his tender being considered by the railway in termshereof provided the same has been duly submitted and is otherwise in order. Ifthe tenderer is notified in writing at his address given in the tender within the saidperiod of 120 days that the tender has been accepted by the railway either inwhole or in part, he shall be bound by the terms of the agreement constituted byhis tender and such acceptance thereof by the railway until a formal contract hasbeen executed between him and railway in replacement of such agreement asprovided.The successful tenderer shall within 07 days after having been called upon bynotice to do so be bound to execute an agreement based on accepted rates &conditions and lodge the same with the purchaser together with the condition ofcontract, specifications to schedule of prices refer to therein duly completed.20 Confidentiality: The tenderer (whether his tender be accepted or not) shall treatthe contents of the tender private and confidential.21 The conditions of contract under which the contract is to be performed by thecontractor shall include the following:‣ The instructions to tenderers and conditions of tender.‣ The special conditions of contract.‣ Law of India - this contract shall be governed in all respects by the laws of Indiafor the time being in force.22 Payments: Payments to the contractors shall be made as per the conditions laiddown in the special conditions of contract. It may be noted that the payments asabove are subject to compliance of contractual obligations followed by railway inworks contract which are in brief signing of agreement, verification of power ofattorney by railways legal department, furnishing valid S.T.C.C, bank guaranteefor security deposit /retention money and execution of work to the satisfaction of the railways in themanner prescribed.13

23 Prices of stores shall include all rates, taxes etc. Save and except asspecifically stated or provided for in the tender papers or special conditions ofcontract, the prices of stores etc. are to include all rates, taxes, levies,impositions and outgoing whatsoever and the railway shall have no liability forany of these charges. It is also to be definitely understood that all expenses forall works and incidentals inclusive of carriage, loading and unloading of materialetc. will be borne by the contractor expressly provided or otherwise in thecontract. The railway shall have no liability to pay anything over and above theaccepted rates.24 Conveyance to staff employed by the contractor: No railway pass for theconveyance of the contractor or his staff or agents or for stores will be granted.25 Contractor's responsibility due to alteration of works: The contractor shall beresponsible for and shall bear and pay the costs for any alteration to the worksdue to any discrepancies, errors or omissions that may arise from incorrectreading of drawings or their particulars supplied to him. If any dimensions figuredupon drawings differ from those obtained by scaling the drawings, the figureddimensions are normally to be taken as correct. All dimensions, weights andmeasures shall be in metric units.26 Assignment of subletting of contract: The contractor shall not assign or subletthe contract or any part thereof or allow any person to become interested in anymanner whatsoever without the special permission of the railway. Any breach ofthis condition shall entitle the railway to rescind the contract and also render thecontractor, liable for payment to the railway in respect of any loss or damagearising or ensuing from such cancellation. Provided always that execution of thedetails of the works by petty contract under the direct and personnel supervisionof the contractor or his agent shall be deemed to be subletting under this clause.The permitted subletting of work by the contractor shall not establish anycontractual relationship between the sub-contractor and the railway and shall notrelieve the contractor of any responsibility under the contract.27 Alteration of work: The railway may require such alteration to be made on thework during its progress as may be necessary. But should such alteration in pricebe justified, such alteration shall not be carried out until amended pricessubmitted by the contractor are accepted by the engineer. No extra payment willbe made admissible on account of any modifications supplied by the railway tothe contractor.28 The contractor shall execute the work with due diligence and expedition,keeping to the approved time schedule. Should he refuse or neglect to complywith any reasonable orders given to him in writing by railway engineers inconnection with the work or contravene the provisions of the contract or theprogress of the work lags persistently behind the time schedule due to hisneglect, the railway shall be at liberty to give seven days notice in writing to thecontractor to make good the neglect or contravention complained of and shouldthe contractor fail to comply with the requisitions it shall be lawful for the railwayto take the work wholly or part out of the contractor's hands without any further14

eference and get the work or any part thereof as the case may be completed byother agencies at the expense of the contractor without prejudice to any otherright or remedy of the railway.29 In the event of any loss to the railway on account of execution and/ or completionof the work or any part thereof by agencies other than the contractor, thecontractor shall be liable to reimburse the loss to the railway without prejudice tothe other rights and remedies of the railway and the reimbursement in full or partas the case shall be met at the option of the railway from out of all or any of thefollowing sources viz: any amount due and payable to the contractor by therailway or any account whatsoever, the railway shall have the right ofappropriation suo moto.The contractor‟s security deposit in the hands of the railway as far as available,the railway shall have the right of the appropriation suo moto.Any other assets whatsoever of the contractor.30 Contractor‟s responsibility in case of injuries or accidents sustained by hisworkmen and damage and loss of railway property:The contractor shall be responsible for all risk to the work and for trespass andshall make good at his own expense all loss or damage whether to the worksthemselves or to any other property of the railway or the lives, persons orproperty of others whatsoever caused in connection with the works until they aretaken over by the railway and this be although all reasonable and properprecautions may have been taken by the contractor, and in case the railway shallbe called upon to make good any cost, loss or damage, or to pay anycompensation, including that payable under the provisions of workmen‟scompensation act or any statutory amendments thereof to any person or personssustaining damages as aforesaid by reason of any act, or any negligence oromissions of the part of the contractor, the amount of any costs or chargesincluding costs and charges in connection with legal proceedings, which therailway may incur in reference thereto, shall be charged to the contractor. Therailway shall have the power and right to pay or to defend or compromise anyclaim of threatened legal proceeding or in anticipation of legal proceedings beinginstituted consequent on the action or default of the contractor, to take suchsteps as may be considered necessary or desirable to ward off or mitigate theeffect of such proceedings Charging to contractor, as aforesaid, any sum ofmoney which may be paid and any expenses whether for reinstatement orotherwise which may be incurred and the property of any such payment, defenseor compromise and the incurring of any such expenses shall not be called inquestion by the contractor.31 Force measures clause: If at any time during the continuance of this contract,the performance in whole or in part by either party, of any obligation under thiscontract shall be prevented or delayed by reason of any war, hostility, acts of thepublic enemy, civil commotion, sabotage, serious loss or damage by fires, floods,explosions, epidemics, quarantine restrictions, strikes, lock-outs, any status,statutory rules, regulations, orders or requisitions issued by any governmentdepartment or competent authority or acts of god (hereinafter referred to as“event”), then provided notice of the happening of any such event is given byeither party to the other within twenty one days from the date of occurrence of15

such event, whereof neither party shall by reason of such event be entitled toterminate this contract nor shall either party have any claim for damages againstthe other in respect of such non performance or delay in performance and worksunder the contract and the obligations under the contract shall be resumed assoon as practicable after such event has come to an end or ceased to exist. Thedecision of the engineer as to whether the works have been so resumed or notshall be final and conclusive. Provided further that if the performance in whole orpart of any obligation under this contract is prevented or delayed by reason ofanysuch event beyond a period as mutually agreed to by the railway and thecontractor after any event or sixty days in the absence of such an agreementsuch an agreement whichever is more either party may at its option terminate thecontract.32 Quality of materials: All materials used in the work shall be of the best qualityand of the class suited and approved for the purpose specified.33 Failure to complete the work within the time limit: If the contactor failed toexecute and complete the work within the time specified in the agreement exceptin so far as the delay is on the railway account, the contactor shall acceptreduction in total amount payable to him by the railway as per extent railwayrules. The present rate of liquidated damages is 2% per month or part there of forthe delayed period, subject to a maximum of 10% of the contract value.34 Extension of time: If such a failure to complete work in time shall have arisenfrom any cause which the railway may admit as being a reasonable ground forextension of time, railway shall allow such additional time as the railway may inthe absolute discretion consider to be reasonably justified by the circumstancesof the case.35 Workmanship and testing:(i) The whole of the works and/ or supply of materials specified and provided inthe contract or that may be necessary to be done in order to form and/ orcomplete any part thereof shall be executed in the best and most substantialworkman like manner with materials of the best and approved quality of theirrespective kinds, agreeable to the particulars contained in or implied by thespecifications and as referred to in andrepresented by the drawings or in such other additional particular instructionsand drawings as may be found requisite to be given during the carrying on of theworks and to the entire satisfaction of the engineer according to the instructionsand directives which the contractor may from time to time receive from theengineer. The materials may be subjected to test by means of such machines,instruments and appliances as the engineer may direct and wholly at theexpense of the contractor.(ii) The engineer or the engineer‟s representative shall be entitled to orderfrom time to time, the removal from the site within the time specified materialswhich in his opinion are not in accordance with the specifications or drawings orthe substitution of proper and suitable materials and the removal and proper reexecutionnot withstanding any previous tests thereof or any accounts payments16

thereof of any work. In case of defaults on the part of the contractor in carryingout such order, railway shall be entitled to rescind the contract.36 Illegal gratification: Any bribe, commission, gift or advantage given, promisedor offered by or on behalf of the contractor or his partner, agent or servant or anyone on his behalf, to any officer or employee of the railway, or to any person, inrelation to obtaining or execution of this or any other contract with the railway,shall in addition to any criminal liability which he may incur, subject the contractorto rescission of the contract and all other contracts with the railway and to thepayment of any loss or damage resulting from such decision and the railway shallbe entitled to deduct the amount so payable from any money due to thecontractor under this contract or any other contracts with the railway.The contractor shall not lend or borrow from or have or enter into any monetarydealings or transactions either directly or indirectly with any employee of therailway and if he shall do so, the railway shall be entitled forthwith to rescind thecontract and all other contracts with the railway of the contractor. Any question ordispute as to the commission of any such offence or compensation payable tothe railway under this clause shall be settled by the general manager of therailway, in such manner as he shall consider fit and sufficient and his decisionshall be final and conclusive. In the event of rescission of the contract under thisclause, the contractor will not be paid any compensation whatsoever exceptpayment for the work done up to date of rescission.37 Facilities for inspection: The contractor shall afford the engineer and theengineer‟s representative every facility for entering in and upon every portion ofthe work at all hours for the purpose of inspection or otherwise and shall provideall labor, materials, appliances and things of every kind required for the purposeand the engineer and the engineer‟s representative shall at all times have freeaccess to every part of the works and all places at which materials for the worksare stored or being prepared.38 Contractor‟s liability: The contactor will be relieved of the liability arising underthis contract wherever and to the extent to which the fulfillment of any obligationunder the contract is prevented, frustrated or impeded by reason of any statute,statutory rules, regulations orders or requisition issued by any governmentdepartment or other competent authority. The railway will however not be liablefor any compensation to the contactor due to any such eventuality.39 Serving of notice etc.: Railway shall throughout the continuance of the contractand in respect of all matters arising in the performance thereof serve all noticeand obtain all consents, approvals and permissions required under anyregulations and the by-laws of the local or other authority which shall beapplicable to the works under the present contract.40 Determination of contract owing to default of contractor:(1) If the contractor should,(i)(ii)Become bankrupt or insolvent, orMake an arrangement with of assignment in favour of his creditors,or agree to carry out the contract under a committee of inspection17

of his creditors, or(iii) Being a company or corporation on into liquidation (other than avoluntary liquidation for the purpose of amalgamation orreconstruction), or(iv) Have an execution levied on his goods or property on the works,or(v) Assign the contract or any part thereof otherwise than as providedin G.C.C., or(vi) Abandon the contract, or(vii) Persistently disregard the instructions of the engineer or contraveneany provision of the contract, or(viii) Fail to adhere to be agreed programme of work by a margin of 10%of the stipulated period, or(ix) Fail to remove material from the site or to pull down and replacework after receiving from the engineer notice to the effect that thesaid materials or works have been condemned or rejected, asprovided in G.C.C,or(x) Fail to take steps to employ competent or additional staff and labour asrequired, or(xi) Fail to accord the engineer or engineer‟s representative proper facilities forinspection of the works are any part thereof as required, or(xii) Promise, offer or give any bribe, commission gift or advantage eitherhimself or through his partner, agent or servant to any officer or employeeof the railway or to any person on his behalf in relation to the execution ofthis or any other contract with the railway, or(xiii) (A)At any time after the tender relating to the contract has been signedand submitted by the contractor, being a partnership firm admit as one ofits partner or employee under it or being of incorporated company elect ornominate or allow to act as one of its directors or employ engineer in thecapacity whatsoever any retired gazetted officer working before hisretirement whether in the executive or administrative capacity or whetherholding any pensionable post or not, in the electrical department of therailway for the time being owned and administered by the President ofIndia before the expiry of two years from the date of retirement from thesaid service of such engineer or officer unless such engineer or officer hasobtained permission from the President of India to become a partner ordirector or to take employment under the contract as the case may be, or(B) Fail to give at the time of submitting the said tender,(a)The correct information as to be date of retirement of such retiredengineer or officer from the said service or as to whether any such retiredengineer or officer was under the employment of the contractor at the timeof submitting the said tender,or(b)The correct information as to such engineer or officer obtainedpermission to take employment under the contractor, or(c)Being a partnership firm, the correct information as to whether any ofits partners was such a retired engineer or officer, or(d)Being an incorporated company correct information as to whether anyof its directors was such a retired engineer or officer,(e)Being such a retired engineer or retired officer suppress and notdisclose at the time of submitting the said tender the fact of his being such18

a retired engineer or a retired officer or make at the time of submitting thesaid tender a wrong statement in relation to his obtained permission totake the contract or the contractor be a partnership firm or anincorporated company as the case may be or to seek the employmentunder the contractor.Then and in any of the said cases, the engineer on behalf of the Railway may serve thecontactor with a notice in writing to that effect and if the contractor does not within sevendays after the delivery to him of such notice proceed to make good his default in so faras the same is capable of being made good and carry on the work or comply with suchdirection as foresaid to the entire satisfaction of the engineer of the Railway shall beentitled after giving 48 hours notice in writing under the hand of the engineer to rescindthe contract as a whole or in a parts (as may be specified in such notice)41 Right of Railway after rescission of contract owing to default of Contractor- In theevent of any of the several of the causes referred to above, being adopted.(a) The contractor shall have no claim to compensation for any loss sustained byhim reason of his having purchase or procured any material or entered into anycommitment or made any advance on account of or with a view to the executionof the work or the performance of the contract and contractor shall not be entitledto recover or be paid any sum for any work thereto for actually performed underthe contract unless and until the engineer shall have certified the performance ofsuch work and the value payable in respect thereof and the contractor shall onlybe entitled to be paid the value so certified.(b) The Engineer or the Engineer‟s representative shall be entitled to takepossession of any material, tools, implements, machinery and building on thework or on the property on which these are being or ought to have beenexecuted and to retain and employ the same in the further execution of the worksor any part thereof until the completion of the work without the contractor beingentitled to any compensation for the use and employment thereof or for wear andtear or destruction thereof.(c) The Engineer shall as soon as may be practicable after removal of theContractor fix and determine ex-parte or by or after reference to the parties orafter such investigation or enquiries as he may consider fit to make or instituteand shall certify what amount (if any) had at the time of rescission of the contractbeen reasonably earned by or would reasonably accrue to the contractor inrespect of the work, then actually done by the him under the contract and whatwas the value of any unused or any temporary works upon the site. Thelegitimate amount due to the contractor after making necessary deductions andcertified by the Engineer should be released expeditiously.All disputes and differences of any kind whatsoever arising out of or inconnection with the contract whether during the progress of the work or after itscompletion and whether before or after the termination of the contract shall bereferred by the contractor to the railway and the railway shall within 120 daysafter receipt of the contractor‟s representation make and notify decision on allmatters referred to by the contractor in writing provided that matters for whichprovision has been made in the contract or G.C.C., shall be deemed as acceptedmatters and decision of the railway authority thereon shall be final and binding ofthe contractor. Provided further that accepted matters shall stand specifically19

excluded from the purview of the arbitration clause and not be referred toarbitration.42 Demand for Arbitration: In the event of any dispute or difference between theparties hereto as to the construction or operation of this contract or the respectiverights and liabilities of the parties, any matters in question dispute or differenceon any account or as to the withholding by the railway of any certificate to whichthe contractor may claim to be entitled to or if the railway fails to make a decisionwithin 120 days. Then and in any such case but except in any of the acceptedmatters of this contract. The contractor after 120 days but within 180 days of hispresenting his final claim on disputed matters shall demand in writing that thedispute or difference be referred to arbitration.The demand for arbitration shall specify the matter, which are in question orsubject of the dispute or difference as also the amount of claim items wise. Onlysuch disputes or differences in respect of which the demand has been madetogether with counter claims or set off shall be referred to arbitration and othermatters shall not be included in the reference.The arbitration proceedings shall be assumed to have commenced from the daya written and valid demand for arbitration is received by the railway.The claimant shall submit his claim stating the face supporting the claims alongwith all relevant documents a relief of remedy sought against each claim withinperiod of 30 days from the date of appointment of the Arbitration Tribunal.The railway shall submit its defense statement and counter claims if any within aperiod of 60 days of receipt of claim from tribunal thereafter unless otherwiseextension has been granted by tribunal.No new claim shall be aided during proceeding by either party; however a partymay amend or supplement the original claim or defense thereof during thecourse of arbitration proceeding subject to acceptance by tribunal having dueregard to the delay in making it.If the contractor does/do not prefer his/their specific and final claims in writingwithin a period of 90 days of receiving the intimation from the railway that thefinal bill is ready for payment he/they will be deemed to have waived his/theirclaims and the railway shall be discharged and re-closed of all liabilities underthe contract in respect of these claims.Obligation during pendency of arbitration work under the contract shall unlessotherwise directed by the engineer continue during the arbitration proceedingsand no payment due to payable by the railway shall be with held on account ofsuch proceeding provided how ever it shall be open for work Arbitration Tribunalto consider and decide whether or not such should continue during arbitrationproceedings.In case where the total value of all claims in question added together doesnot exceed Rs. 10,00,000/- (Rupees Ten Lakh only ), the arbitrar consist of asole arbitrator who shall be either the General Manager or a gazetted officer ofrailway not below the grade of JA grade nominated by the General Manager inthat behalf. The sole arbitrator shall be appointed within 60 days from the daywhen a written and valid demand for arbitration is received by railway.In case not covered by above the Arbitration Tribunal shall consist of a panel ofthree gazetted railway officers not below JA grade. As the arbitrators for thispurpose the railway will send a panel of more than three names of gazettedrailway officers of one or more departments of the railway to the contractors who20

will be asked to suggest to general manager up to two names out of the panel forappointment as contractor‟s nominee. The general manager shall appoint at leastone out of them as the contractor‟s nominee and will also simultaneously appointthe balance number of arbitrators either from the panel or from outside the panelduly indicating the presiding officer. While nominating the arbitrators it will benecessary to ensure that one of them is from the accounts department.If one or more of the arbitrators appointed as above refuses to act as arbitrator,withdraws from his office as arbitrator or vacates his/their office, or is/are unableor unwilling to perform his functions as arbitrator for any reason whatsoever ordies or in the opinion of the general manager fails to act without undue delay, thegeneral manager shall appoint new arbitrator/arbitrators to act in case.The Arbitration Tribunal shall have power to call for such evidence by way ofaffidavits or otherwise as it shall think proper and it shall be the duty of theparties hereto to do or cause to be done all such things as be necessary toenable the tribunal to make the award without any delay.While appointing arbitrator(s) above, due care shall be taken that he/they is/arenot the one/those who had an opportunity to deal with the matters to which thecontract relates or who in his/their duties as railway servant(s) expressed viewsof all or any of the matters under dispute or differences. The proceedings of theArbitration Tribunal or the award made by the tribunal will however not be invalidmerely for the reason that one or more arbitrator had in the course of his servicehad opportunity to deal with the matters to which the contract relates or who isthe course of his/their duties expressed views on all or any of the matters underdispute.The award shall state item wise, the sum and reasons upon which it is based.A party may apply for corrections of any computation errors, any typographical orclerical errors or any other of similar nature occurring in the award andinterpretation of specific point of award to tribunal within 30 days of receipt of theaward.A party may apply to tribunal within 30 days of receipt of award to make anadditional award as to claims presented in the arbitration proceedings but omittedfrom the awards.In case of the tribunal comparison of three members, any ruling or award shall bemade by a majority of nominees of tribunal. In the absence of such a majority,the views of the presiding arbitrator shall prevail.Where the award is for the payment of money, no interest be payable on wholeor any part of the money for any period till the date on which the award is made.The cost of arbitration shall be borne by the respective parties. The cost shallinteralia include fee of the arbitrator(s) as per the rates fixed by the railwayadministration from time to time.Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996and the rules there under and any statutory modification thereof shall apply to thearbitration proceedings under this clause.43 Assessment of Cost: Upon every and any such reference, the assessment ofthe costs incidental to the reference and award respectively shall be at thediscretion of the arbitrators or of the umpire appointed by them as the case maybe.44 Payment during arbitration: Work under the contract shall unless otherwisedirected by the railway continue during the arbitration proceedings and no21

payment due to or payable by the railway shall be withheld on account of suchproceedings. Not withstanding anything contained herein the arbitrators orumpire as the case may be shall have full authority to direct withholding of anypayment if such action is considered fit and proper at any time.45 Venue of Arbitration: The venue of the arbitration shall be the place from whichthe acceptance letter is issued or such other place as the railway at its discretionmay determine.46 Determination of contract:Railway may be at any time by a notice in writing summarily determine thecontract without liability to pay any compensation to the contractor in respectthereof in any of the following events:Insolvency:If the contractor being an individual of a firm/any partner in the contractor‟s firmshall at any time be adjusted insolvent or shall have a receiving order or order foradministration of his estate made against him or shall take any proceedings forliquidation or composition under any law relating to insolvency for the time beingin force or make any conveyance or assignment of his assets or enter into anyarrangement of his assets or enter into any arrangement of composition with hiscreditors or suspend payment or if the firm be dissolved under the partnershipact.ORLiquidation:If the contractor being a company shall pass a resolution or the court shall makean order for liquidation of its affairs or a receiver or manager on behalf of thedebenture holders shall be appointed or circumstances shall have arisen whichentitled the court or debenture holders to appoint a receiver or manager.ORBreach of contract:If the contractor commits any breach of this contract not herein specificallyprovided for, provided always that such determination shall prejudice any right ofaction or remedy which shall have accrue or shall accrue thereafter to the railwayand provided also that the contractor shall be liable to pay to the railway anyextra expenditure which the railway is thereby put to but shall not be entitled toany gain or repurchase. In the event of such termination without prejudice to theother rights and remedies of the railway including the right of forfeiture of thesecurity deposit the railway shall be entitled to have the work or reminder thereofperformed, executed and/or carried out by any other agency at the cost and riskof the contractor and hold the contractor liable for reimbursement in the event ofany loss on this account.ORRestrictions on the employment of retired engineers of Railway services withintwo years of their retirement:If at any time after the submission of the tender, the tenderer/contractor being apartnership firm admits as one of his partners or employees under it or being anincorporated company elects or nominates or allows to act as one of its directorsor employees under it in any capacity whatsoever any retired engineer of thegazetted rank or any other retired gazetted officer working before his retirementwhether in executive or administrative capacity or whether holding any pension22

able post or not, in the engineering deptt. or any or the Railways for the timebeing ownedand administered by the president of India before expiry of two years from thedate of retirement from the said service of such engineer or officer unless suchengineer or officer has obtained permission from the President of India or anyoffice duly authorized by him in this behalf to become a partner or a director or totake employment under the contractor as the case may be.ORIf the contractor fails to give at the time of submitting the said tender:The correct information as to the date of retirement of such retired engineer orretired officer from the said service or as to whether any such retired engineer orretired officer was under the employment of the contractor at the time ofsubmitting the said tender.ORThe correct information as to such engineers or officers obtaining permission totake employment under the contractor.ORBeing a partnership firm the correct information as to whether any of its partnerswas such a retired engineer or a retired officer.ORBeing an incorporated company, correct information as to whether any of itsdirectors was such a retired engineer or retired officer.ORIf the contractor being such a retired engineer or retired officer suppresses andnot discloses at the time of submitting the said tender the fact of his being such aretired engineer or a retired officer, or makes at the time of submitting the saidtender a wrong statement in relation to his obtaining permission to take thecontract or if the contractor be a partnership firm or an incorporated company, tobe a partner or director of such firm or company as the case may be or to seekemployment under the contractor of such determination without prejudice to theother rights and remedies of the purchaser including the right of forfeited thesecurity deposit the Railway shall be entitled to have the work.ORReminder thereof performed executed and/or carried out by any other agency atthe cost and risk of the contractor and hold the contractor liable forreimbursement in the event of any loss on this account.Exceptions:Termination of contract will not arise in case of voluntary liquidation foramalgamation or reorganization provided the newly formed company takes overthe full responsibilities and liabilities of the liquidated firm and it is acceptable tothe railway.Termination of contract will not arise in case of breaches or defects of minornature. Railway shall have the sole authority to decide whether breaches anddefects are of minor nature.47 Representative on behalf of the Railway: Subject to otherwise provided in thiscontract all notices to be given on behalf of the railway and all other action to be23

taken may be given or taken as the case may be on behalf of railway bycompetent authority as notified by rules.48 Contractor to indemnify and protect the Railway against all claims:The contractor shall indemnify and protect the railway against all claims andliabilities that may be made under workmen‟s compensation act, the factories actand the payment of wages act and the rules made there under from time to time.The contractor shall pay the labourers not less than the wages paid for similarwork in the neighborhood.Provisions of contract labor regulation and abolition act 1970:The contractor shall comply with the provisions of the contract labour (Regulation& Abolition) Act, 1970 and the contract labour (Regulation & Abolition) CentralRules 1971 as modified from time to time, wherever applicable and shall alsoindemnify the railway from and against any claims under the aforesaid act andthe rules. The contractor shall obtain a valid license under the aforesaid act asmodified from time to time before the commencement of the work and continue tohave a valid license until the completion of the work. Any failure to fulfill thisrequirement shall attract the penal provisions of the contract arising out of theresults of non execution of the work. The contractor shall pay to the labouremployed by him directly or through sub-contractors the wages as per provisionsof the aforesaid act and the rules wherever applicable. The contractor shallnotwithstanding the provisions of the contract to the contrary cause to be paid thewages to the labour indirectly engaged on the work including any engaged by hissub-contractors in connection with the said work as if the labour had beenimmediately employed by him. In respect of all labour directly or indirectlyemployed in the work for performance of the contractor‟s part of the contract thecontractor shall comply with or cause to be complied with the provisions of theaforesaid act and the rules wherever applicable.In every case in which by virtue of the provision of the aforesaid act or the rules,the railway is obliged to pay any amount of wages to a workman employed by thecontractor or his sub-contractor in execution of welfare and health amenitiesrequired to be provided under the aforesaid act and rules or to incur anyexpenditure on account of the contingent liability of the railway due to thecontractor‟s failure to fulfill his statutory obligations under the aforesaid act or therules, the railway will receive from thecontractor the amount of wages so paid or the amount of expenditure so incurredand without prejudice to the right of railway under section 20, sub-section (2) andsection 21 sub-section (4) of the aforesaid act, the railway shall be at liberty torecover such amount or part thereof by deducting it from the security deposit orfrom any sum due by the railway to the contractor whether under the contract orotherwise. The railway shall not be bound to contest any claim made against itunder sub section10 of section 20 and sub-section (4) of section 21 of the aforesaid act except onthe written request of the contractor and upon his giving to the railway fullsecurity for all costs for which the railway might become liable in contesting suchclaim. The decision of the railway regarding the amount actually recoverable fromthe contractor as stated above, shall be final and binding on the contractor.49 Discrepancy, ambiguity and error: Should there be any discrepancy,defective or incomplete description ambiguity or error in the drawings or other24

documents, whether original or supplementary in the matter or things requisite forthe proper execution of the work or for any of the purpose of the contract, thecontractor shall immediately on discovering the same give notice of suchdiscrepancy, defective or incomplete description, ambiguity omission or error tothe railway who shall decide what work, matter or things are to be executed ordone by the contractor.50 General:The special conditions supplement the conditions of tenders and contracts. Thenotes appearing under the relevant chapters and sub-chapters should beconsidered a part of the contract papers. Where the provisions of theseconditions are at variance with the conditions of contract, these specialconditions shall prevail. General conditions of contract of Northern Railway andspecifications for materials and works can be seen at the office of the ChiefElectrical Engineer/ Northern Railway, Baroda House, New Delhi and a copy canbe had on payment of requisite fee.25

Chapter-II2.0 Special Conditions Of Contract2.01 Delivery Schedule Completion period.The entire work has to be completed within the period of 60 months from the dateof issue of Letter of Acceptance from the office or as mentioned in the letter ofAcceptance ..2.02 Inspection:a) Stage Inspection of the work, if required , shall be carried out by therepresentative nominated by Sr.DEE/RS/GZB.b) Final Inspection after completion of the work as per scope of work shall becarried out by the representative nominated by Sr.DEE/RS/GZB.2.03 The Work shall be carried out as per the decision of the Sr.DEE/RS/GZB regardingdifferent section/site & under the supervision of representative nominated bySr.DEE/TRS/Ghaziabad.2.04 Additional Work.If any other work is required for the completion of the job not specified in the scheduleof rate shall be done by the contractor at his own cost and labour and no extracharges will be paid to the contractor. Any change as per site requirement shall bedone by the contractor .2.05 Acceptance of Certificate.After the conclusion of inspection to the satisfaction of Railway representative andcompletion of Work an acceptance certificate will be issued for each loco.2.06 Price variation clause:No price variation for this tender/ contract will be applicable. The rates quoted shouldtherefore be firm. The price value quoted by the tenderer and accepted by the railwayshall be treated as firm during the entire period of the contract.2.07 Quantity variation: As per SOP2.08 Warranty:The Contractor will have to under take the warranty of the work done for a period of 12month (Twelve Month ) from the date of final acceptance of the work.2.09 Security deposit:The Contractor has to deposit security deposit as per clause 17 of chapter –I of theender document.26

2.10 Performance Guarantee.The Contractor has to deposit Performance Guarantee as per clause 18 of Chapter-I ofthe Tender Document.2.11 Failure to complete the work within the time limit: If the contactor failed toexecute and complete the work within the time specified in the agreement exceptin so far as the delay is on the railway account, the contactor shall acceptreduction in total amount payable to him by the railway as per extent railwayrules. The present rate of liquidated damages is 2% per month or part there of forthe delayed period, subject to a maximum of 10% of the contract value.2.12 Payment100% payment for each loco on completion of final & finished painting work of eachlocomotive after necessary deduction of surcharge and taxes of all types as enforced byrules, shall be made as per the extant procedure of the Railways.2.13 Taxes, Levies and Duties:Deduction of income tax and surcharge thereupon, along with any other tax on workscontract cases as being imposed by the competent authority from time to time as perrules, shall be deducted from the firm‟s bill.2.14 REVAILING CONDITIONS: In case of conflict between special conditions of contract „sgeneral condition of contract the special condition will prevail.2.15 In case of any dispute regarding the noted subject work/other work the decision ofDEE/ADEE/RS/GZB will be final and binding on the contractor.2.16 General IRS Conditions of Contract will be applicable along with the above.2.17. Allocoation: 050514-322.18 Paying Authority. SR.DFM/NR/NEW DELHI.27

Chapter IIITender case No.230-Elect/TRS/GZB/RT/2008-09/11Technical scope of work for manufacturing, supplying, installation & testing &commissioning of Digital Printing Sign Boards & Electronic Boards for various Sections,Exhibition Hall & Conference Hall in Electric Loco Shed/Ghaziabad. for balance 7 items.Sl. Description of itemsNo.1. Intelligente Interactive Digital Canvas Software Bundel:Office Ink:Special handwriting inking in Ms Word, MS Excel & Word Pad.Free Notes:With the help of a variety of writing tools & colourful drawings surprise yourFriends with a different type of mail.Tablet Drivers:Intelligente Electromagnetic Pen LCD Monitor offers you a WHQL certified USBtablet driver.Power Presenter RE II:One of the most distinguished feature of the software offered by IntelligenteElectromagnetic Pen LCD Monitor power Presentror RE II, the best presentationapplication to make professional and flurent presentation.Pen Soft Pro:With the help of this software you can make electronic presentations, sendHandwritten E-Mail above all these, Video Conferencing, CAD & CAM is alsopossible.Eduplus TM:Is a package of a digitized monitor and its operating software particularly aneducation and communication system.2. Intelligente Interactive White Board Software Bundel Part-1:Intelligente Trace Software:Copy of facility any part of Power Point Presentation Slide. Cut, copy, pastefunction on written date using Board as a White Board, Map Integrity, PredefinedBackground, Special Tools for Training Environment.Software built in Geometric such as Protector, Ruler/- Key board with macro defining function3. Intelligente Interactive white board Software Bundel Part-2:Hand Writing ReorganizationPower Presenter RE II:One of the most distinguished feature of the software offered by IntelligentElectromagnetic Pen LCD Monitor Power Presenter RE II, the best Presentationapplication to make a professional and fluent presentation.4. Intelligente Interactive White Board:Intelligente Interactive White Board Model(IBT-6080)5. Intelligente Digital Canvas 15” Interactive Writing Tablet:* Panel Type: Active Matrix Color.* Active Area: 15.0” (diagonal), 304.1mmx228.1mm* Tablet Resolution: 1000 Ipi.* Technology: Electromagnetic* Brightness: 280cd/m²* Maximum LCD Resolution:1280 x 1024 (XGA)*Tablet Pressure Levels:512 Levels* Tablet Accuracy:+/- 0.5mm*Tablet Report Rate: 166 Report/sec.*Interface: 15 Pin D sub & USB.* Compatibility: Windows, Vista, Mac & LinuxFeatures: Special handwriting inking in Ms Word, Ms Excel & Word Pad forApprox. Qty.01 No.01 No.01 No.01 No.01 No.28

Digital Signature with the help of a variety of writing tools & colorful drawings &Notes with a different type of E-Main. Electromagnetic Monitor with a WHQLcertified USB Tablet Driver. The presentation application to make a professionaland fluent power point presentation with annotation tools and Record andPlayback. Annotation tools, all the file recorded in the back grounds. Electronicpresentation send hand written E-Mail.6. Intelligente Interactive Digital Canvas Accessories:Electromagnetic Pen (One No.) Battery operated pen (with needles) Switches-Tip switch, 2 sides switches Pressure level- 1024Cables:One Power adopter.One Power cable.One VGA cable.Installation: Complete cabling and installation in your premises at Electric LocoShed.Training: Two days training in your premises.7. Intelligente Interactive White Board Accessories, Installation & training:*Wall mount kit*10 Meter USB Cable*Installation: Complete cabling and installation in your premises at ElectricLoco Shed*Training: Two days training in your premises01 No.01 No.29

Chapter IVSCHEDULE OF PRICEANNEXURE-ATender Case No.230-Elect/TRS/GZB/RT/2008-09/11 Due on 09.03.2011 Formanufacturing, supplying, installation & testing & commissioning of Digital Printing SignBoards & Electronic Boards for various Sections, Exhibition Hall & Conference Hall inElectric Loco Shed/Ghaziabad. for balance 7 items.Sl. Description of itemsNo.1. Intelligente Interactive Digital Canvas SoftwareBundel:Office Ink:Special handwriting inking in Ms Word, MS Excel &Word Pad.Free Notes:With the help of a variety of writing tools & colourfuldrawings surprise your Friends with a different typeof mail.Tablet Drivers:Intelligente Electromagnetic Pen LCD Monitor offersyou a WHQL certified USB tablet driver.Power Presenter RE II:One of the most distinguished feature of thesoftware offered by Intelligente Electromagnetic PenLCD Monitor power Presentror RE II, the bestpresentation application to make professional andflurent presentation.Pen Soft Pro:With the help of this software you can makeelectronic presentations, send Handwritten E-Mailabove all these, Video Conferencing, CAD & CAM isalso possible.Eduplus TM:Is a package of a digitized monitor and its operatingsoftware particularly an education andcommunication system.2. Intelligente Interactive White Board SoftwareBundel Part-1:Intelligente Trace Software:Copy of facility any part of Power Point PresentationSlide. Cut, copy, paste function on written dateusing Board as a White Board, Map Integrity,Predefined Background, Special Tools for TrainingEnvironment.Software built in Geometric such as Protector,Ruler/- Key board with macro defining function3. Intelligente Interactive white board SoftwareBundel Part-2:Hand Writing ReorganizationPower Presenter RE II:One of the most distinguished feature of thesoftware offered by Intelligent Electromagnetic PenLCD Monitor Power Presenter RE II, the bestPresentation application to make a professional andfluent presentation.4. Intelligente Interactive White Board:Intelligente Interactive White Board Model(IBT-6080)Approx.Qty.01 No.01 No.01 No.01 No.Rate In Rs.IN FIGURERate in Rs.IN WORDS.30

5. Intelligente Digital Canvas 15” InteractiveWriting Tablet:* Panel Type: Active Matrix Color.* Active Area: 15.0” (diagonal), 304.1mmx228.1mm* Tablet Resolution: 1000 Ipi.* Technology: Electromagnetic* Brightness: 280cd/m²* Maximum LCD Resolution:1280 x 1024 (XGA)*Tablet Pressure Levels:512 Levels* Tablet Accuracy:+/- 0.5mm*Tablet Report Rate: 166 Report/sec.*Interface: 15 Pin D sub & USB.* Compatibility: Windows, Vista, Mac & LinuxFeatures: Special handwriting inking in Ms Word,Ms Excel & Word Pad for Digital Signature with thehelp of a variety of writing tools & colorful drawings& Notes with a different type of E-Main.Electromagnetic Monitor with a WHQL certified USBTablet Driver. The presentation application to makea professional and fluent power point presentationwith annotation tools and Record and Playback.Annotation tools, all the file recorded in the backgrounds. Electronic presentation send hand writtenE-Mail.6. Intelligente Interactive Digital CanvasAccessories:Electromagnetic Pen (One No.) Battery operated pen (with needles) Switches-Tip switch, 2 sides switches Pressure level- 1024Cables:One Power adopter.One Power cable.One VGA cable.Installation: Complete cabling and installation inyour premises at Electric LocoShed.Training: Two days training in your premises.7. Intelligente Interactive White Board Accessories,Installation & training:*Wall mount kit*10 Meter USB Cable*Installation: Complete cabling and installation inyour premises at Electric Loco Shed*Training: Two days training in your premises01 No.01 No.01 No.Tenderer‟s Signature31

Enclosure of schedule of ratesTerms and conditions:1 Total cost to be filled in figures and words. Rates shall be in rupees and must be firm.2 All the rates shall be quoted inclusive of all taxes (service tax and work contracttax as well, as applicable), levies, duties,labour charges, to & fro transportationcharges, insurance, packing, forwarding, handling charges.3 The railway reserves the right to increase or decrease the quantity as per S.O.P.ordelete the complete items from the list of work given above and the total cost will beadjusted accordingly.4 The tenderer to supply and carry out the items of work mentioned above, at the ratequoted, to be strictly in accordance with special conditions of contract in force on theNorthern Railway as stipulated above.5 The work will be subject to general conditions of the contract of Engg. Department inforce on the Northern Railway unless stipulated specifically.6 Only octroi exemption certificate shall be issued by railway. In case octroi exemptioncertificate is not accepted by concerned authority, no payment shall be made by railwayfor octroi.Tenderer‟s Signature32

Annexure ITender No. 230-Elect-TRS-GZB-RT-2008-09-11For manufacturing, supplying, installation & testing & commissioning of Digital PrintingSign Boards & Electronic Boards for various Sections, Exhibition Hall & Conference Hallin Electric Loco Shed/Ghaziabad. for balance 7 items.TENDERFORM „A‟ToThe President of IndiaActing through Sr.DEE-TRS-GZB.1. I/We,have read the various conditions to tender attached here to and hereby agree toabide the said conditions. I/we also agree to keep this tender open foracceptance for a period of ............. days from the date fixed for opening thesame and in default thereof. I/we will be liable for forfeiture of my/our “EarnestMoney”. I/we offer to do the work for…………………………………………………..……..at the rates quoted in theattached schedule and hereby bind myself/ourselves to complete the work in allrespects within ................ months from the date of issue of letter of acceptanceof the tender.2. I/We also hereby agree to abide by the general conditions of contract correctedupto printed/advance correction slip No..................... dated ................... andspecial conditions of contract and to carry out the work according to thespecifications for materials and works laid down by the Railway for the presentcontract.A sum of Rs................. only is herewith forwarded as earnest money in the formof cash receipt / DD / Pay Order / Banker‟s Cheque ................................. dated................... issued by ...........................................................................................The full value of the earnest money shall stand forfeited without prejudice to anyother rights or remedies if:I/We do not commence the work within fifteen days after receipt of orders to thateffect.4. Until a formal agreement is prepared and executed, acceptance of this tendershall constitute a binding contract between us subject to modification as may bemutually agreed to between us and indicated in the letters of acceptance of my /our offer for this work.(Signature of tenderer)Tenderer‟s addressSignature of witness.1)2)Date:33

ANNEXURE IIAGREEMENTFORM ‟B‟1. Contract agreement no…………………. date ………….. Articles of agreementmade this …………. day of ……….. between the President of India actingthrough……………………………………........................................................………………………………………………………………………………………hereinafter called the Railway which expression shall, unless the context doesnot so admit include his successor and assignees in office of the first part andM/s….. ………………………………. (herein after called the contractor whichexpression shall unless excluded by the context includes his heirs, executors,administrators, successors and assignees) of the second part.2. Whereas the contractor has agreed with the Railway for the performance of theworks for Manufacturing , supplying, Installation, testing, commissioning of digitalprinting sign board & Electronics Board for various section , exhibition hall &conference room of Electric Loco Shed ,Ghaziabad for balance 07 items. in theschedule hereto annexed upon the general conditions of contract and the scopeof work and comments thereon, and the special conditions. And whereas theperformance of the said works is an act in which the public are interested.3. a) Whereas the contractor has submitted a sum ofRs...……………………………..................................................................................... ……………………………………………………………………………………...............…………………………………………………………………………………….…………………………………….to wards the security for successful execution ofthe work refundable after execution.b) Whereas the contractor has deposited a sum ofRs……………………………….................................................................................... ……………………………………………………………………………………........towards the safe custody of Railway material at their premises refundable aftersuccessful dispatch of the said material . Against the total of…………………………………………………………… it is agreed that thecontractor shall accept ………………… nos. of Hurth Coupling at a time, forrepairs in their work at………………………………………………………………………………………For this indenture witness that in consideration of the works for Manufacturing ,supplying, Installation, testing, commissioning of digital printing sign board &Electronics Board for various section , exhibition hall & conference room ofElectric Loco Shed ,Ghaziabad for balance 7 items. having been supplied andpayment to be made by the Railway, the contractor will duly perform the saidworks in the said schedules set forth and shall execute the same with greatpromptness, care and accuracy in a workman like manner to the satisfaction ofthe Railway had will complete the same in accordance with the saidspecifications and said drawing and said conditions of contract on or before the34

expiry of ……………….. years from the date of completion of said work and willstand a guarantee or repair or overhauled for satisfactory performance for aperiod of One year from the date of completion/final inspection & acceptanceand will observe fulfill and keep all the conditions therein mentioned (which shallbe deemed and taken to be part of this contract as if the same had been fully setforth herein) and the Railway do hereby agree that if the contractor shall dulyperform the said works in the manner aforesaid and observe and keep the saidterms and conditions, the Railway will or cause to be paid to the contractor forthe said works thereof, the amount due in respect thereof at the rates,......................................................................................................It is hereby agreed and declared that all the provision of the said specifications,drawings, conditions of contract which have been carefully read and understoodby the contractor and the schedule of rates, including the special conditionsthereof shall be as binding upon the contractor and upon the RailwayAdministration whereas annexure ……... shall form part of the contract as if thesame had been repeated herein and shall be read as part of these presents.IN WITNESS WHERE OF THE PART as hereto have executed these presentson ………. day of ………….. and year…………. .Signature of contractorOfficial seal with nameSignatureDesignationDate :Address:For the behalf of President of IndiaSignature of witnesses1. …………………………..2. …………………………..35

Annexure IIIREVISED MODEL FORM OF BANK GUARANTEE BONDFORM „C‟1. In consideration of the President of India (hereinafter called “the government”)having agreed to exempt (hereinafter called “then said contractor (s)”) from thedemand under the terms and conditions of an agreement dated _____________made between ______________ and ____________________ for_________________________ (hereinafter called “the said agreement”) orsecurity deposit for the due fulfillment by the said contractor(s) of the terms andconditions contained in the said agreement on production of bank guarantee forRs._________(Rupees__________________________ only). We___________________________ (hereinafter referred to as “the Bank”).(indicate the name of the bank) at the request of contractors do hereby undertaketo pay to the government an amount not exceeding Rs._________________against any loss or damage caused to or suffered or would be caused to orsuffered by the government by reason of any breach of the said contractor of anyof the terms or condition contained in the said agreement.2. We ________________________ do hereby under take to pay the (indicate thename of bank) amounts due and payable under this guarantee without anydemur, merely on a demand from the government stating that the amountclaimed is due by way of loss of damage caused to or would be caused to orsuffered by the government by reason of breach by the said contractor(s) of anyof the terms or conditions contain in the said agreement or by reason of thecontractor(s) failure to perform the said agreement. Any such demand made onthe bank shall be conclusive as regards the amount due and payable by the bankunder this guarantee. However, our liability under this guarantee shall berestricted to an amount not exceeding Rs.__________ .3. We undertake to pay to the government any money so demandednotwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) inany suite or proceeding before any court or tribunal relating thereto our liabilityunder this present being absolute and unequivocal. The payment so made by usunder this bond shall be a valid discharge of our liability for payment there underand the contractor(s)/supplier(s) shall have no claim against us for making suchpayment.4. We __________________ further agree that the guarantee herein (indicatethe name of bank) contained shallremain in full force and effect during the period that would be taken for theperformance of the said agreement and that it shall continue to be enforceable tillall the dues of the government under or by virtue of the said agreement havebeen fully paid and its claims satisfied or discharged or till_____________________ office/department), ministry of ___________certificates that the terms and conditions of the said agreement have been fullyand properly carried out by the said contractor(s) and accordingly discharges hisguarantee. Unless a demand or claim under this guarantee is made on us inwriting on or before the __________ we shall be discharged from all liabilityunder this guarantee thereafter.36

5. We _____________________ further agree with the government that the(indicate the name of bank)government shall have the fullest liberty without our consent and without affectingin any manner our obligations here under to vary any of the terms and conditionsof the said agreement or to extend time of performance by the said contactor(s)from time to time or to postpone for any time or from time to time any of thepowers exercisable by the government against the said contractor(s) and toforebear of enforce any of the terms and conditions relating to the saidagreement and we shall not be relieved from our liability by reason of any suchvariation, or extension being granted to the said contractor(s) or for anyforbearance act of omission on the part of the government or any indulgence bythe government to the said contractor(s) or by any such matter or thingwhatsoever which under the law relating to sureties would but for this provisionhave effect of relieving us.6. This guarantee will not be discharged due to the change in the constitution of thebank or contractor(s)/suppliers(s).7. We __________________ lastly undertake not to revoke this(indicate the name of bank)guarantee during its currency except with the previous consent of thegovernment in writing.Date the Day of 200For (indicate the name of bank)37

ANNEXURE IVDeed of extension of bank Guarantee bondForm „D‟This deed of extension of original Bank Guarantee Bond No.________________ dated____ for Rs. _________ (Rupees ______________________________) executed infavor of President of India acting through Sr. DFM-NR-NDLS on behalf of M/S________________________________________________________________.WE ______________________ BANK HAVE EXECUTED ORIGINAL BANKGUARANTEE BOND NO._________________ DATED _________ FORRS.______(RUPEES________________ _______________________) IN FAVOUROF PRESIDENT OF INDIA ACTING THROUGH ________ ON BEHALF OF M/S__________________________________ VALID UPTO ___________ . WE HEREBYEXTEND THE PERIOD OF VALIDITY OF THE SAID ORIGINAL BANK GUARANTEE/EXTENDED BANK GUARANTEE UPTO_______________________ .ALL OTHER TERMS AND CONDITION MENTIONED IN THE ORIGINAL BANKGUARANTEE REMAIN UNCHANGED AND SHALL FROM PART OF THISEXTENSION DEED. THE CLAIM UNDER THE ABOVE BANK GUARANTEE BONDSHOULD BE MADE IN WRITING ON OR BEFORE _______________________.Signature of Branch ManagerAuthorized AttorneyPlace :Date:38

ANNEXURE VINDEMNITY BONDFORM „E‟STAMPKNOWN TO ALL MEN BY THOSE presents that we, M/s...............................................& company incorporated under the Indian Companies Act, having our registered officeat........................................................... District .......................................... in the state or...........................................(hereinafter called the obligor) are held firmly bond up to thePresident of India (hereinafter called the Northern Railway Administration in the sum ofRs............................................ only) to be paid at Ghaziabad to the Northern RailwayAdministration for which we hereby bind ourselves for the whole our and each andevery or our executors, administrators representatives and assigns up into the NorthernRailway Administration firmly by these presents datedthis..................................................dayof......................................................................................... two thousandand.............................Whereas the obligor has received the materials as per schedule below from the..................................... of the Northern Railway Administration for purposeof............................................................................................................ for which anorder no....................................................... dated ............................................. has beenplaced with the obligor by the ....................................................................... of theNorthern Railway Administration and has entrusted the obligor with the said materialsper schedule below condition that the obligor shall be entirely responsible for the safecustody and protection of the materials as per schedule against will risk till they aredelivered back, shall indemnify the Northern Railway Administration against any loss,damage, or deterioration whatsoever in respect of the said material while in obligor‟scustody and possession and against disposal of surplus materials and the saidmaterials shall at all times be open to inspection by an officer authorized by theNorthern Railway Administration.And further conditions of the above written bond of obligation are such that should anyloss damage or deterioration of materials occur, the Northern Railway Administrationshall be entitled to recover from the obligor full cost of the materials valued at.............................................................................(Rupees...................................................) as stated without any prejudice to any otherremedial by reduction from any sum due or any sum which at any time hereafterbecomes due to obligor under the above order and/or contactor any other contract andif the obligor shall at all times hereafter pay or refund to the Northern RailwayAdministration the said sum of Rs...............................................(Rupees..........................................................) together with all costs, charges expensesand interests and shall otherwise indemnify and save harmless and keep indemnifiedthe Northern Railway Administration on account of the aforesaid entrustment of material39

of the Northern Railway Administration as per schedule to the obligor. Then in suchcase the above written bond or obligation shall be void and of no effect, otherwise thesame shall be and remain in full force and virtue.SCHEDULE OF MATERIALS................................................................................................................................................................................................................................................................................................................................................................................................................................................Signed, sealed and deliveredAt..........................................Signature and designation of theauthorized representative of thecontractorIn presence of :(witness)Address :40