1 railway recruitment cell chief project manager(conv.)'s office ... - Main

CENTRAL RAILWAYPERSONNEL DEPARTMENTRAILWAY RECRUITMENT CELLCHIEF PROJECT MANAGER(CONV.)’S OFFICE BUILDING,1 ST FLOOR, P. D. MELLOW ROAD, WADI BUNDER,MUMBAI- 400 010TENDER NOTICE.NO:HPB/706/RRC/WB/Hiring/Vehicle. Dt.08.02.2013Name of work:- Hiring of 01 (one) - Non-AC vehicle four wheeler(Non-AC Sumo, Tavera or similar) for official use ofDeputy Chief Personnel Officer (Recruitment) in Railway Recruitment Cell,Central Railway, Wadi Bunder, Mumbai.1

CONDITIONS OF CONTRACTFOR THE GUIDANCE OF ENGINEERS AND CONTRACTORS FOR ENGINEERING WORKSMEANING OF TERMS1.1 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 of super session by special conditions of contract and/or specialspecifications, if any annexed to the Tender Forms.1.2 Definition :- In these Regulations for Tenders and Contracts the following terms shallhave the meanings assigned hereunder except where the context otherwise requires:-(a)(b)(c)(d)(e)(f)(g)“Railway” shall mean the President of the Republic of India or the AdministrativeOfficers of the Central Railway or of the Successor Railway authorized to deal withany matters, which these presents are concerned on his behalf.“General Manager” shall mean the Officer in-charge for the generalSuperintendence and control of the Railway and shall also include the GeneralManager (Construction) and shall mean and include their successors, of theSuccessor Railway.“Chief Engineer” shall mean the Officer incharge of the Engineering Department ofCentral Railway and shall also include the Chief Engineer (Construction), ChiefSignal & Telecommunication Engineer, Chief Signal & Telecommunication Engineer(Construction), Chief Electrical Engineer and Chief Electrical Engineer (Construction)and shall mean & include their successors of the Successor Railway.“Divisional Railway Manager” shall mean the Officer incharge of a Division of theCentral Railway and shall mean and include the Divisional Railway Manager of theSuccessor Railway.“Engineer” shall mean the Divisional Engineer or the Executive Engineer, DivisionalSignal and Telecommunication Engineer, Divisional Signal & TelecommunicationEngineer (Constructions), Divisional Electrical Engineer & Divisional ElectricalEngineer (Construction), in executive charge of the works and shall include thesuperior officers of the Engineering, Signal & Telecommunication and ElectricalDepartment of Railway, i.e. the Senior Divisional Engineer/Deputy ChiefEngineer/Chief Engineer (Construction), Senior Divisional Signal &Telecommunication Engineer /Deputy Chief Signal & TelecommunicationEngineer/Chief Signal & Telecommunication Engineer/Chief Signal &Telecommunication Engineer (Construction), Senior Divisional ElectricalEngineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer (Construction)and shall mean & include the Engineers of the Successor Railway.“Tenderer” shall mean the Person/the firm/co-operative or company whetherincorporated or not who tenders for the works with a view to execute the works oncontract with the Railway and shall include their personal representatives,successors and permitted assigns.“Limited Tenders” shall mean tenders invited from all or some Contractors on theapproved or select list of contractors with the Railway.2

(h)(i)(j)(k)(l)“Open Tenders” Shall mean the tenders invited in open and public manner and withadequate notice.“Works” shall mean the works contemplated in the drawings and schedules set forthin the tender forms and required to be executed according to specifications.“Specifications” Shall mean the specifications for materials and works of theCentral Railway as specified in Part-III of the Works Hand Book issued under theauthority of the Chief Engineer or as amplified added to or superseded by specialspecifications if any, appended to the Tender Forms.“Schedule of Rates of the Central Railway” shall mean the schedule of Ratesissued under the authority of the Chief Engineer from time to time.“Drawings” shall mean the maps, drawings, plans and tracings or prints thereofannexed to the Tender Forms.1.3 Words importing the singular number shall also include the plural and vice versa where thecontext requires.2.1 Application for registration:- Works of construction and of supply of material shall beentrusted for execution to contractors whose capabilities and financial status have beeninvestigated and approved to the satisfaction of the Railway. For this purpose, list ofapproved contractors shall be maintained in the Railway. The said list shall be revisedperiodically once in a year or so by giving wide publicity through advertisements, etc.A Contractor including a contractor who is already on the approved list shall applyto the nearest General Manager (Construction), Chief Administrative Officer(Construction), Divisional Railway Manager, Chief Engineer/Chief Engineer (Construction),Chief Signal & Telecommunication Engineer/Chief Signal & Telecommunication Engineer(Construction) and Chief Electrical Engineer/Chief Electrical Engineer (Construction),furnishing particulars regarding:-a) his position as an independent contractor specifying Engineering organizationavailable with details or Partners/Staff/Engineers employed with qualifications andexperience.b) his capacity to undertake and carry out works satisfactorily as vouched for by aresponsible official or firm, with details about the transport equipments, constructiontools and plants, etc., required for the work, maintained by him;c) his previous experience of works similar to that to be contracted for, in proof of whichoriginal certificates or testimonials may be called for and their genuineness verified ifneeds be, by reference to the signatories thereof;d) his knowledge from actual personal investigation of the resources of the area/zone orzones in which he offers to work.e) his ability to supervise the work personally or by competent and duly authorizedagents;f) his financial position;3

g) Authorized copy of the current Income Tax Clearance Certificate.2.2 An applicant shall clearly state the categories of works for which and the area/zone/division(s)/district(s) in which he desires registration in the list of approved contractors.2.3 The selection of contractors for enlistment in the approved list would be done by acommittee for different value slabs as notified by Railway.2.4 An annual fee as prescribed by the Railway from time would be charged from suchapproved contractors to cover the cost of sending notices to them and clerk age fortenders, etc.2.5 The list of approved contractors would be treated as confidential office record.TENDERS FOR WORKS3. Tender Form:- Tender Forms shall embody the contents of the contract documents eitherdirectly or by reference and shall be as per specimen form, Annexure-III. Tender Formsshall be issued on payment of the prescribed fees to the appropriate contractors on the listof approved contractors. Contractors not on the list of approved contractors, will, onpayment of the prescribed fees, be furnished with tender forms and they shall be requiredto submit evidence regarding their financial status, previous experience and ability toexecute the works and an authorized copy of the current Income Tax Clearance Certificatewithout which their tenders will not be considered.4. Omissions and Discrepancies:- Should a tenderer find discrepancies in or omissionsfrom the drawings or any of the Tender Forms or should he be in doubt as to theirmeaning, he should at once notify the authority inviting tenders who may send a writteninstruction to all tenderers. It shall be understood that every endeavor has been made toavoid any error which can materially affect the basis of the tender and the successfultenderer shall take upon himself and provide for the risk of any error which maysubsequently be discovered and shall make no subsequent claim on account thereof.5. Earnest Money:- The tenderer shall be required to deposit earnest money with the tenderfor the due performance with the stipulation to keep the offer open till such date asspecified in the Tender, under the conditions of Tender. The earnest money shall berounded to the nearests10/-.This earnest money shall be applicable for all modes oftendering.(1) (a) It shall be understood that the tender documents have been sold/issued to thetenderer and the tenderer is permitted to tender in consideration of stipulation onhis part, that after submitting his tender he will not resile from his offer or modifythe terms and conditions thereof in a manner not acceptable to the Engineer.Should the tenderer fail to observe or comply with the said stipulation, theaforesaid earnest money amount shall be liable to be forfeited to the Railway.(b) If his tender is accepted this earnest money mentioned in sub clause (a) abovewill be retained as part security for the due and faithful fulfillment of the contractin terms of Clause 16 of the General Conditions of Contract. The earnest moneyof other tenderers shall, save as herein before provided, be returned to them, butthe Railway shall not be responsible for any loss or depreciation that may happenthereto while in their possession, nor be liable to pay interest thereon.(2) The earnest money should be in cash or in any of the following forms:-4

(i) Deposit receipts, pay orders, demand drafts. These forms of earnest money couldbe either of the State Bank of India or of any of the Nationalized Banks orScheduled banks.6. Care in submission of Tenders.(a) Before submitting a tender, the tenderer will be deemed to have satisfied himself byactual inspection of the site and locality of the works, that all conditions liable to beencountered during the execution of the works are taken into account and that the rates heenters in the tender forms are adequate and all inclusive to accord with the provisions inClause-37 of the General Conditions of Contract for the completion of works to the entiresatisfaction of the Engineer.(b) When work is tendered for by a firm or company of contractors, the tender shall besigned by the individual legally authorized to enter into commitments on their behalf.(c) The Railway will not be bound by any power of attorney granted by the tenderer or bychanges in the composition of the firm made subsequent to the execution of the contract.It may, however, recognize such power of attorney and changes after obtaining properlegal advice, the cost of which will be chargeable to the contractor.7. Right of Railway to deal with Tenders:- The Railway reserves the right of not to invitetenders for any of Railway work or works or to invite open or limited tenders and whentenders are called to accept a tender in whole or in part or reject any tender or all tenderswithout assigning reasons for any such action.CONTRACT DOCUMENTS8. Execution of Contract Document:- The Tenderer whose tender is accepted shall berequired to appear in person at the office of the Chief Personnel officer or Deputy Chiefpersonnel officer (Headquarter), as the case may be or it a firm or corporation, a dulyauthorized representative shall so appear and execute the contract documents within 7days after notice that the contract has been awarded to him. Failure to do so shallconstitute a breach of the agreement affected by the acceptance of the tender in whichcase the full value of the earnest money accompanying the tender shall stand forfeitedwithout prejudice to any other rights or remedies.In the event of any tenderer whose tender is accepted shall refuse to execute the contractdocuments as here in before provided, the Railway may determine that such tenderer hasabandoned the contract and there upon his tender and acceptance thereof shall be treatedas cancelled and the Railway shall be entitled to forfeit the full amount of the EarnestMoney and to recover the damages for such default.9. Form of Contract Document:- Every contract shall be complete in respect of thedocument it shall so constitute. Not less than 2 copies of the contract documents shall besigned by the competent authority and the contractor and one copy given to the contractor.(a) For zone contracts awarded on the basis of the percentage above or below theSchedule of Rate Central Railway for the whole or part of financial year, the contractagreement required to be executed by the tenderer whose tender is accepted shall be asper specimen form, Annexure-III during the currency of the Zone Contract, work orders asper specimen form Annexure-III or IV for works not exceed Rs.10,000/- each shall beissued by the Deputy Chief Personnel Officer (Headquarter) under the agreement for ZoneContract.5

(b) For contracts for specific works, valued at more than ` 10,000/- the contractdocuments required to be executed by the tenderer whose tender is accepted shall beeither an Agreement as per specimen form or a work order as per specimen form as maybe prescribed by the Railway.GENERAL INSTRUCTIONS TO TENDERER10. Tender document should be submitted intact without detaching or defacing any pages.11. Only original tender document issued to tenderer will be accepted.12. Period of Completion of the work is as mentioned in the tender notice.13. Offer of tenderer shall remain valid for a period of 90 days from the date of opening.14. Tenders with any special conditions may be rejected.15. The tender should be accompanied by the following.a. Availability of Engineers and Technical persons in execution of the works by Tendererand their professional details.b. All proforma should be filled. In case necessary, additional sheets can be attached.16. Address provided at Annexure - I shall be considered as official correspondence addressof tenderer. Non delivery of communication due to defective address shall be responsibilityof tenderer.17. Subletting and Assignment: -17.1 The Contractor shall not, save with the previous consent in writing of the RailwayAdministration, sublet, transfer or assign the contract or any part thereof or interesttherein or benefit or advantage thereof in any manner whatsoever.17.2 In the event of the Contractor’s subletting or assigning this contract or any part thereofwithout such permission, the Railway Administration shall be entitled to terminate thecontract and to award the work to other agency at Contractor’s risk and cost and theContractor shall be liable for any loss or damage which the Railway Administrationmay sustain in consequence or arising out of such purpose.18. Tender in prescribed form must be enclosed in sealed cover super scribing thereonTender Notice Number, the name of work as mentioned in the Tender Notice and must bedropped in the Tender box kept in the Office of the Chief Personnel Officer, 1 st floor, GM’sbuilding, Central Railway, Mumbai CST – 400 001 not later than the time and datementioned in the Tender Notice. The Tender will be opened at the stipulated time inpresence of such those tenderer or their authorized Representative who may choose to bepresent. Tender which are received after the date and time specified are liable to berejected.19. Tender containing omissions, overwriting, additions, alterations, erasures, obliterationsand other defects are liable to be rejected. All corrections made by the Tenderer /Contractor should be properly attested by the Tenderer / Contractor.20. Tenderer / Contractor should quote their rates in figures and in words, wherever there is adifference between the rates quoted in figures and words, the rate quoted in words will betaken as correct.6

21. The Tenderer / Contractor shall sign every page of the Tender document and submit thetender document intact.22. The Tenderer / Contractor shall visit the site of work and ascertain for himself / themselvesall the aspect of site conditions viz., accessibility, availability of approach roads, water forwork and drinking purpose, electricity, site for labour camps, stores, godowns extent oflead, lift involved in the work, availability of skill and unskilled labour etc. that may beencountered in the course of execution of work. In short, he should familiarize himself fullywith the conditions obtaining at site and give a certificate to this effect in the proformaappended elsewhere in this tender document.23. Satisfactory evidence of financial stability, credentials, must be submitted along with eachtender; otherwise the tender may not be considered for acceptance. Please providedetails as given in Annexure II.24. Tenderer / Contractor should specifically and fully disclose in their respective tenders, theirrespective constitutions and submit along with each tender attested Photostat copies ofdocuments like partnership deed, Articles and Memorandum of Association, Certificate ofIncorporation etc., if any, in support of such disclosures. Railway Administration reservesthe right to demand originals of such documents for verification.25. If a tenderer / Contractor is a firm, i.e. Partnership business it should be stated whether thesame is registered under the Indian Partnership Act and the name and address of all thePartners of the firm should be fully disclosed. The Railway Administration shall alwayshave the liberty to demand production of the original of the said documents and also tomake such further requisitions regarding the constitution of the firm of the Tenderer /Contractor as may be considered necessary.26. The Tenderer / Contractor shall give a comprehensive list of Plant and Machinery whichhe proposes to use in the present work.27. These “Instructions to the Tenderers” shall be deemed to form a part of Tender Document.28. Non compliance with any of the condition set forth in this Tender document is liable toresult in the Tender being rejected.29. On account bills will be submitted by the Contractor duly signed, at his own cost instandard Railway proforma and on account payments will be arranged after scrutiny andchecking of bill by Railways as per the payment terms mentioned in the Tender Schedule.30. Should tenderer find discrepancies in any of the tender form or be in document as to theirmeaning, he should at once notify the authority inviting tenders who may send writteninstruction to all the tenderers. It shall be understood that every endeavour has been madeto avoid any error which can materially make upon himself and provide for the risk for anyerror which may subsequently be discovered and shall make no subsequent claim onaccount thereon.31. If a tenderer expires after submission of the tender or after acceptance of his tender theRailway shall deem such tender as cancelled. If a partner of a firm expires aftersubmission of their tender or after acceptance of their tender, it shall be binding on the partof remaining partners to fulfill the contractual obligations.7

44. Emergency Works: In the even of any accident or failure occurring in or about the work orarising out of or in connection with the construction, completion or maintenance of theworks which in the opinion of Engineer requires immediate attention, the Railway maybring its own workmen or other agency to execute or partly execute the necessary work orcarry out repairs if the Engineer considers that the contractor/s is/are not in a position todo so in time and charge the cost thereof, as to be determined by the Railways to theContractor.45. Site facilities:45.1 The Railway will not arrange any approach roads to the site of the work. Thecontractor shall arrange to provide and maintain the same at his own cost. Howeverthe Railway may assist in securing right as way for service roads/camp sites withoutany liability therefore. All payments involved in this regard will have to be made bythe contractor direct to owners.45.2 Before locating the Contractor’s sheds, stores, camp office, yards etc. in theRailways premises, the locations should be got approved by the Engineer-in-charge.For this purpose, land as available and can be spared will be given free of charge forthe period of work only. On completion of work, the Contractor shall leave the sitefree of all structures/debris etc.46. Time is the Essence of Contract.: Time is the essence of contract. All the works arerequired to be completed in all respects as stipulated by the Railway within the completionperiod. Progress shall be maintained strictly in accordance with the programme given bythe Engineer-in-charge from time to time and as per accepted CPM net work/PERT charts.47. The rates quoted by the tenderer and accepted by the Railway shall hold good till thecompletion of the work and no additional, individual claim shall be admissible on accountof fluctuation in market rates, increase in taxes/any other levies/tolls etc. It shall be notedthat whether any reference to code, specification, act etc, is made in this tender document,it shall be taken as a reference to the latest version thereof. Including all amendments andcorrections etc.48. The contractor shall not be entitled to any extra payment on any account for compliancewith the various provisions of IS specifications /IRS specification and additional specialconditions. The rates indicate in the schedule shall be deemed to include all worksrequired to be done in compliance with the specifications.49. Sales Tax or any other Taxes: The contractor shall bear in full any sales tax and/or othertaxes levied by the State Government and/or Central Government from time to time. Thiswould be entirely a matter between the Contractor and State Government or Central andno claim what-so-ever on the on this account shall be entertained by the Railway.50. Rates: It is to be clearly noted that the accepted rate for the items of work as set forthherein and as described in the Schedule of rates and quantities includes the cost of allworks incidental to their execution.51. The contractor shall arrange for all skilled and unskilled labour required for the work asalso for all materials tools and plants. The contractor shall also arrange for all petty andconsumerable spares required for working the plant.9

52. Should there arise any item which may be necessary for the completion of the work butdoes not appear either in Standard Schedule of Rates(2002) or in the Schedule of Ratesand quantities attached with this tender, its rates will be fixed by analysis of actual labourand material rates given in the Central Railway Standard Schedule of Rates 2002 asapplicable.53. The contractor will make his own arrangement for accommodation of staff and for supplyof drinking water to them.54. CONTRACTOR TO OBEY AND OBSERVE ALL LAWS, RULES ETC. AND PAY FEESAND TAXES.1. The contractors operations and proceedings in connection with the works shall at alltime be conducted during the continuance of the contract in accordance with the lawsordinances rules and regulations for the time being in force and the contractor shallfurther observe and comply with the bye-laws and regulations of the Government ofIndia and state Government and Municipal and other authorities having jurisdiction orin connection with the work or site over operations such as these carried out by thecontract and shall give all notices required bye-law and regulations. The hospital andMedical/Regulations in force for the time being shall also be complied with bycontractor his sub-contractors employees and workmen.2. The contractor shall pay at his own expenses (unless otherwise specified orprovided) all fees and charges payable to the contractor or to the Municipal or otherauthorities as aforesaid and shall satisfy all claims arising out of the non-compliancewith any laws compliance regulations orders or bye-laws.55. PROTECTION OF OTHER INTERESTS AND PROPERTY IN THE NEIGHBOURHOOD.The contractor shall protect and support as the case may require as directed by theEngineer, all buildings fences, walls, tower, drain, roads paths, waterways, toreshore,bauks, bridges, play grounds and earth work, electric light, telegraph, telephone andwater services/main pipes and cables and wires and all other matter and things orwhatever kind not other wise therein specified other than those specified or directed to beremoved or altered which may be interfered with or which are likely to be affecteddisturbed or endangered by the execution completion or in maintenance of the protectionsand support provided under this clause to such places as directed by the Engineer andno payment shall be made by the Railway to the contractor for these works.56. For reasons beyond the control of the contractor to the satisfaction of the Engineer, at therequest of the contractor extend the date or dates for each of the work on which he maybe engaged on the day of the termination of the contract and the contractor shall completeall such work and the contract shall be deemed to be in force until such works arecompleted. For such extension of date beyond the stipulated period the onus lies with thecontractor to apply in writing at least one month before date for completion of work givingreasons to the satisfaction of the Engineer for extending the time limit for the specifiedindividual work.57. (a) The contractor is bound to issue identity card to each and every person employed byhim and deployed for execution of the contract work, as per the prescribed formatprovided at Annexure-A in the tender document, at his cost. Failure on the part ofthe contractor to issue identity cards to their employees will be treated as breach ofcontract conditions and therefore will be dealt as per clause No. 62(vii) of GCC.(b) It is mandatory on the part of every employee, deployed by the contractors to keepin his possession, the identity card, issued by the contractor through out theexecution of the work. Failure to possess such identity will be treated as10

unauthorized presence in the Railway premises. Such persons shall be liable forprosecution as per law.(c) It is mandatory for the contractors to submit the list of the employees issued withthe identity cards and deployed for execution of the particular contract, to therailway’s Engineer at site before commencement of the work and also for anysubsequent changes made during the execution of the work.(d) No claims whatsoever arising out of implementation of special conditions pertainingto issue of identity cards shall be admissible.58. Accidents/natural calamities involving loss of human lives:-The services of the contractor may be required for assisting the railway Administration incase of accidents/natural calamities involving human lives. For this purpose the vehiclesand equipments of the contractor can be drafted by railway administration at short noticeand contractor shall willingly give all reasonable assistance in the matter.59. Performance Guarantee.59.1 The successful bidder shall have to submit a Performance Guarantee (PG) within 30(thirty) days from the date of issue of letter of acceptance (LOA). Extension of timefor submission of PG beyond 30 (thirty) days and upto 60 (sixty) days from the dateof issue of letter of acceptance (LOA) may be given by the Authority who iscompetent to sign the contract agreement. However, a penal interest of 15% perannum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31 st day afterthe date of issue of LOA. In case the contractor fails to submit the requisite PG evenafter 60 (sixty) days from the date of issue of letter of acceptance (LOA), the contractshall be terminated duly forfeiting EMD and other dues, if any payable against thatcontract. The failed contractor shall be debarred from participating in re-tender forthat work.59.2 The successful bidder shall submit the Performance guarantee in any of the followingforms, amounting to 5% of the contract value:(i) A deposit of Cash;(ii) Irrevocable Bank Guarantee;(iii) Government Securities including State loan Bonds at 5% below the market value;(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. Theseforms of Performance Guarantee could be either of the State Bank of India orof any of the Nationalised banks;(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduledbanks;(vi) A Deposit in the Post Office Saving Bank;(vii) A Deposit in the National Savings Certificates;(viii)Twelve years National Defence Certificates;(ix) Ten years Defence Deposits;(x) National Defence Bonds and(xi) Unit Trust Certificates at 5% below market value or at the face value whicheveris less.Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.Note : The instrument as listed above will also be accepted for guarantees in case ofmobilization advance59.3 The performance Guarantee shall be submitted by the successful bidder after theLetter of Acceptance (LOA) has been issued, but before signing of the contract11

agreement. This Performance Guarantee shall initially valid upto stipulated date ofcompletion plus sixty days beyond that incase the time for completion of work getsextended the contractor shall get the validity of Performance Guarantee extended tocover such extended time for completion of work plus sixty days.59.4 The value of Performance Guarantee to be submitted by the contractor will notchange for variation upto 25% ( either increase or decrease). In case during thecourse of execution, value of the contract increase by more than 25% of the originalcontract value, an additional Performance Guarantee amounting to 5%(Five Percent)for the excess value over original contract value shall be deposited by the contractor.59.5 The performance Guarantee (Performance Guarantee) shall be released afterphysical completion of the work based on ‘Completion Certificate’ issued by thecompetent authority stating that the contractor has completed the work in all respectssatisfactorily. The Security Deposit shall , however, be released only after expiry ofthe maintenance period and after passing the final bill based on ‘No claim Certificatefrom the contractor.59.6 Whenever the contract is rescinded, the Security Deposit shall be forfeited andthe Performance Guarantee shall be encashed. The balance work shall be got doneindependently without risk and cost of the failed contractor. The failed contractor shallbe debarred from participating in the tender for executing the balance work. If thefailed contractor is JV or a partnership firm, then every member/partner of such a firmshall be debarred from participating in the tender for the balance work in his/herindividual capacity or as a partner of any other JV/Partnership firm.59.7 The engineer shall not make a claim under the Performance Guarantee exceptfor amounts to which the President of India is entitled under the contract (notwithstanding and/or without prejudice to any other provisions in the contractagreement) in the event of :(i)(ii)(iii)Failure by the contractor to extend the validity of the PerformanceGuarantee as described herein above, in which event the Engineer mayclaim the full amount of the Performance Guarantee.Failure by the contractor to pay President of India any amount due, eitheras agreed by the contractor or determined under any of theclauses/conditions of the Agreement, within 30 days of the service ofnotice to this effect by Engineer.The contract being determined or rescinded under provision of the GCC,the Performance Guarantee shall be forfeited in full and shall beabsolutely at the disposal of the President of India.60. SECURITY DEPOSIT ON ACCEPTANCE OF TENDERS:60.1 Security DepositUnless otherwise specified in the special conditions, if any, the security deposit /rate of recovery/mode of recovery shall be as under:-a. Security deposit for each work should be 5% of the contract value.b. The rate of recovery should be at the rate of 10% of the bill amount till the fullsecurity deposit is recovered.12

c. Security deposits will be recovered only from the running bills of the contractand no other mode of collecting SD such as SD in the form of instruments likeBG, FD etc. shall be accepted towards Security Deposit.Security deposit shall be returned to the contractor after physical completion of thework as certified by the Competent authority. The Competent authority shallnormally be the authority who is competent to sign the contracts. If this Competentauthority is of the rank lower than JA Grade, then a JA Grade officer (concernedwith the work) should issue the certificate. The certificate, inter alia should mentionthat the work has been completed in all the respects and that all the contractualobligations have been fulfilled by the contractors and that there is no due from thecontractor to railways against the contractors. Before releasing the SD, anunconditional and unequivocal no claim certificate from the contractor concernedshould be obtained.No interest will accrue on the security deposit under any circumstances.60.2 Earnest money in the form of Guarantee Bonds are not acceptable.61. HIRE OF PLANT & MACHINERY AND OTHER FACILITIES61.1 The contractor shall make his own arrangements for all plants and machinery,other facilities, equipments, tools including spare parts, fuel and consumablestores, and all labour required to ensure efficient methodical execution of the work.The rates quoted and accepted shall be deemed to be inclusive of all charges ofsuch items.61.2 On the contractor’s request the Railway may, however, give on hire plant andmachinery/other facilities, equipment and tools, if available spare with the Railway,without any commitment on the part of the Railway to do so, in which case, the hirecharges for plant and machinery will be calculated to cover interest, ordinaryrepairs and maintenance charges at 5%, special repairs and maintenance chargesat 10%, depreciation charges as per extant rules of the Railway, and an additional10% on the total of these four above, on the cost of the Plants & Machinery,which will be the present day market value plus freight and other incidentalcharges increased by 12.5% supervision charges.61.3 Hire charges for items other than plant and machinery, which do not require anyform of repair and maintenance, shall only take into account interest on capital,depreciation and an additional 10% on these two.61.4 The hire charges per day shall be arrived at by dividing the annual hire charges by250, which shall be assumed to be the number of working days in a year for thispurpose only. These hire charges will be payable from the day the plant is handedover to the day it is returned to the Railway administration. If, however, during thisperiod the plant remains out of order for reasons beyond the control of thecontractor, or is withdrawn for periodic overhaul or any repairs, such periods shallnot be counted for levy of hire charges.The contractor shall enter into a separateagreement in this respect and the terms and conditions as per the agreement willbe final and binding on the contractor.61.5 In the event of a plant or equipment or facility given on hire to the contractor notbeing returned to the Railway administration in a reasonably goods workingorder/depreciation that it would have suffered for the period of hire, the Railwayshall treat the plant/facility as on sale, as per extant orders of the Railway, from thedate it was initially given on hire, withdrawing the hire terms and charges.13

methods. The contractor is responsible for providing skilled personnel and adequateexpert supervision so as to ensure complete safety.70. NIGHT WORKThe provision in Clause 23 of General Condition of Contract should be noted regardingexecution of work between sunset and sunrise. If the Railway is however, satisfied thatthe work is not likely to be completed in time except by resorting to night work, by specialorder, the Contractor would be required to carry out the work even at night, withoutconferring any right on the Contractor for claiming for extra payment for introducing nightworking. The decision of the engineer in this regard will be final and binding on theContractor.71. NOTICES TO PUBLIC BODIESThe Contractor shall give to the Municipality, Police and other authorities all notices thatmay be required by the law and obtain all requisite licenses for temporary obstructions,enclosures and pay all fees, taxes and charges which may be leviable on account of hisown operation in executing the contract. He should make good any damage to adjoiningpremise whether public or private and provide and maintain any light etc. required innight.72. FIGURES, DIMENSIONSFigures and dimensions on drawing shall supercede measurements by scale anddrawings to a large scale shall take precedence over those to a smaller scale.73. PLEA OF CUSTOMThe plea of ‘Custom’ prevailing will not on any account be permitted as an excuse forinfringement or any of the conditions of contract or specifications.74. CARE OF STAFFNo quarters will be provided by the Railway for accommodation of the contractor or anyof his staff employed on the work. The contractor may be allowed to erect any labourcamps for housing the labour at or near the site work on available Railway land. Thecontractor shall at his own cost make all necessary and adequate arrangements for theimportation, feeding and preservation of the hygiene of his staff. The contractor shallpermit inspection at all times of all sanitary arrangements made by him, by the Engineeror his assistant or the Medical staff of the Railway. If the contractor fails to makeadequate medical and sanitary arrangements these will be provided by the Railway andthe cost thereof, will be recovered from the contractor.75. FIRST-AIDThe contractor shall maintain in a readily accessible place first-aid appliance includingan adequate supply of sterilized dressing and sterilized cotton wool. The appliancesshall be placed under the charge of responsible person who shall be readily availableduring working hours.76. DAMAGE, ACCIDENTS OR FLOODS OR TIDESThe contractor shall take all precautions against damages from accidents, floods or tide.No compensation will be allowed to the contractor for his tools, plants, materials,machines and other equipment lost or damaged by any cause whatsoever. Thecontractor shall be liable to make good the damages to any structure or part of a16

structure, plant or material of every description belonging to the Railway Administration,lost or damaged by any cause during the course of contractor's work.The Railway Administration will not be liable to pay to the contractor any charges forrectification or repairs to any damage which may have occurred from any causewhatsoever, to any part of the new structures during construction. No claims in thisregard will be arbitrable.77. TRESPASSThe contractor shall at all times be responsible for any damages or trespass committedby his agents and workmen in carrying out the work, unless such trespass is authorizedby the Engineer.78. Code Nos. description and rates given in the schedule are based on the StandardSchedule of Rates-2002. Any discrepancies noticed at any time during the execution,currency of the work in wording, rates, quantity of cement etc. should be rectified byreference to the printed schedule which shall be treated as authoritative and binding onthe contractor. The notes appearing at the beginning of each of the relevant chapters ofthe Central Railway’s Standard Schedule of Rates-2002 except as modified by thesespecial conditions will be applicable to this contract, both for standard schedule and nonscheduleitems.79. The following additional Clause No.55-A of the General Conditions of Contract will beapplicable: -“55-A (1) The Contractor shall comply with the provisions of the contract labour (Regulationand Abolition) Act, 1970 and the contract Labour (Regulation and Abolition) CentralRules 1971 as modified from time to time, wherever applicable and shall also indemnifythe Railway from and against any claim under the aforesaid Act and the Rules.(2) The Contractor shall obtain valid license under the aforesaid Act as modifiedfrom time to time before the commencement of the work and continue to have a validlicense until the completion of the work. Any failure to fulfill this requirement shall attractthe panel provision of the contract arising out of the resultant non-execution of the work.(3) The contractor shall pay to labour employed by him directly or through subcontractorsthe wages as per provisions of the aforesaid Act and the Rules whereverapplicable. The contractors shall notwithstanding the provisions of the contract to thecontrary, cause to be paid the wages to labour indirectly engaged on the work includingany engaged by his sub contractors in connection with the said work, as if the labour hadbeen immediately employed by him.(4) In respect of labour directly or indirectly employed in the work for performance ofthe Contractor’s part of the contract, the Contractor shall comply with or cause to becomplied with the provisions of the aforesaid Act and the Rules wherever applicable.(5) In every case in which by virtue of the provisions of the aforesaid Act or theRules, the Railway is obliged to pay any amount of wages to a workman employed bythe Contractor or his sub-contractor in execution of the work or to incur any expenditurein providing welfare and health amenities required to be provided under the aforesaidAct and the Rules or to incur any expenditure on account of the contingency liability ofthe Railway due to the contractor’s failure to fulfill his statutory obligations under theaforesaid Act or the Rules, Railway will recover from the Contractor the amount ofwages so paid or the amount of expenditure so incurred and without prejudice to the17

ights of the Railway under Section 20 sub-section (2) and Section 21 sub-section (4) ofaforesaid Act, the Railway shall be at liberty to recover such amount or part thereof bydeducting it from the security deposit and/or from any sum due by the Railway to thecontractor whether under the contract or otherwise. Railway shall not be bound tocontest any claim made against it under sub-section 1) of Section 20 and sub-section(4)of Section 21 of the aforesaid Act except on the written request of the Contractor andupon his giving to the Railway full security for all cost for which the Railway mightbecome liable in contesting such claim. The decision of the Railway regarding theamount actually recoverable from the Contractor as stated above, shall be final andbinding on the Contractor.If the contractor is a co-operative Labour Contractor, or Society/Vendor Co-operativeSociety, there shall be no element of Contractor or ex-Contractors in that Society in anycapacity not shall there by any close relative of the Contractor or ex-Contractorassociating with the Society as an office bearer. The Railway administration reserve theright to terminate the contract of the Society at any time without any reason after givingthe notice of one calendar month, in case of breach of the above clause.80. VARIATION IN QUANTITY1) Individual NS item in contracts shall be operated with variation of plus or minus 25%and payment would be made as per the agreement rate.2) In case an increase in quantity of an individual item by more than 25% of the agreementquantity is considered unavoidable, the same shall be got executed by floating a freshtender. If floating a fresh tender for operating that item is considered not practicable,quantity of that item may be operated in excess of 125% of the agreement quantitysubject to the following conditions :(a) Operation of an item by more than 125% of the agreement quantity needs theapproval of an officer of the rank not less than SAG :(i) Quantities operated in excess of 125% but upto 140% of the agreementquantity of the concerned item, shall be paid at 98% of the rate awarded forthat item in that particular tender.(ii) Quantities operated in excess of 140% but upto 150% of the agreementquantity of the concerned item shall be paid at 96% of the rate awarded forthat item in that particular tender.(iii) Variation in quantities of individual items beyond 150% will be prohibited andwould be permitted only in exceptional unavoidable circumstances with theconcurrence of associate finance and shall be paid at 96% of the rateawarded for that item in that particular tender.(b) The variation in quantities as per the above formula will apply only to individualitems of the contract and not on the overall contract value.(c) The execution of quantities beyond 150% of the overall agreemental valueshould not be permitted and if found necessary should be only through freshtenders or by negotiating with existing contractor with prior personal concurrenceof FA&CAO/FA&CAO(C) and approval of General Manager.3) In cases where decrease is involved during execution of contract :(a) The contract signing authorities can decrease the items upto 25% of theindividual items without finance concurrence.(b) For decrease beyond 25% for individual items or 25% of the contract agreementvalue the approval of the officer not less than rank of SA Grade may be takenafter obtaining ‘ No Claim Certificate ‘ from the contractor and with financeconcurrence giving detailed reasons for each such decrease in the quantities.18

(c)It should be certified that the work proposed to be reduced will not be required inthe same work.4) The limit for varying quantities for minor value items shall be 100% (as against 25%prescribed for other items). A minor value item for this purpose is defined as an itemwhose original agreement value is less than 1% of the total original agreement value.5) No such quantity variation limit shall apply for foundation items.6) As far as SOR items are concerned, the limit of 25% would apply to the value of SORschedule as a whole and not an individual SOR items. However, in case of NS items,the limit of 25% would apply on the individual items irrespective of the manner of quotingthe rate 9single percentage rate or individual item rate).7) For the tenders accepted at Zonal Railways level, variations in the quantities will beapproved by the authority in whose powers revised value of the agreement lies.8) For tenders accepted by Chief Personnel Officer, variations upto 125% of the originalagreement value may be accepted by Chief Personnel Officer.9) For tenders accepted by Board Members and Railway Ministers, variations upto 110% ofthe original agreement value may be accepted by General Manager.10) The aspect of vitiation of the tender with respect to variation of quantities should bechecked and avoided. In case of vitiation of tender (both for increase as well asdecrease of value of contract agreement) sanction of competent authority as per singletender should be obtained.81. ARBITRATION81.1 The provision of Clauses 63 & 64 of General Conditions of Contract will beapplicable only for settlement of claims of disputes between the parties for valueless than or equal to 20% of the value of the contract and when the claims ordisputes are of value more than 20% of the value of contract, provision of clause63 & 64 and other relevant clauses of the General Conditions of Contract will notbe applicable and arbitration will not be a remedy for settlement of such disputes.81.2 The Contractor shall not be entitled to ask for reference to arbitration beforeCOMPLETION of the work assigned to him under this contract. The contractorshall seek reference to arbitration to settled dispute only ONCE within the ambit ofcondition 1 above.*************19

CENTRAL RAILWAYNOTICE INVITING TENDERTENDER NOTICE No. HPB/706/RRC/WB/Hiring/Vehicle. Dt.08.02.2013Name of the workHiring of 01 (one) Non- AC vehicle four wheeler (Non-AC Sumo, Tavera orsimilar) for official use of Deputy Chief Personnel Officer(Recruitment) in Railway Recruitment Cell, Central Railway,Wadi Bunder ,Mumbai-400010.Approx. Cost (Rs.) EMD Cost of Tender forms (non-refundable)Rs. 3,24000/- Rs. 6480/- Rs.1,000/- (One Thousand only)The last date and time of issue of tender form up to 17.00 Hrs. of 15.03.2013The last date and time of receipt of tender form up to 15.00 Hrs. of 18.03.2013The date and time of opening of tenders 15.30 Hrs. on 18.03.2013Completion period of the work 12 MonthsTender documents will be available in the office of the Dy. Chief personnel Officer(Rectt.),’Railway Recruitment Cell, 1 st Floor of Chief Project Manager (Conv.)’soffice, P.D.Mello Road, Wadi Bunder, Mumbai 400 010 from 01 /10/2012 to29/10/2012 between 11.00 and 17.00 hrs. on any working days. Tender documentcan also be downloaded from the websites viz iwww.rrccr.com or www.cr.Indianrailways.gov.in20

Complete details available at website www.rrccr.com or www.crindianrailways.gov.inIn case of any discrepancy between the tender document downloaded from Internetand the master copy available in the office, the later shall prevail and will be bindingon the tenderer(s). No claim on this account will be entertained.Deputy Chief Personnel Officer (Recruitment)Central Railway, CSTMfor and on behalf of President of India21

ADDITIONAL SPECIAL CONDITIONS FOR TENDER DOCUMENT DOWNLOADEDFROM INTERNET/WEBSITE.1. Tenderers may note that permitting of downloading of tender document is an addedfacility for convenience of Tenderer/s. Railway, however, reserves right to extend thisfacility for selected works or continue only with direct sale of tender forms. In case,tender document is not uploaded on website or download failure or delay orincomplete document downloaded, whatsoever, Railway shall not be responsible inanyway. Railway shall not be responsible for any direct/ indirect loss ofbusiness/profit resulting from inability to use this facility.2. The Tenderer/s shall download & print the Tender document solely for bidding forabove work and downloaded document shall not be used, copied or reproducedfor any other purpose.3. The end of tender document is indicated by "End of Tender Document" marker.Tenderer/s should carefully see that above marker appears on the last page ofdownloaded tender document to ensure that downloaded document is complete.Tenderer is suggested to check the integrity and completeness of document beforesubmission.4. The tender document downloaded from website though does not bear signature of Rlyauthority shall have same authority as having directly purchased from Rly office.Tenderers while submitting his offer must sign all pages of tender document.5. The downloaded and printed tender document along with the various other documentsshould be submitted as per details mentioned in tender document. The Tenderershould clearly write on main tender cover and also on the top of sealed cover "Tenderdocuments downloaded from website'.6. The Tenderer/s are required to pay non-refundable cost of tender document in theform prescribed in tender notice while submitting their offer .Incase they fail tofurnish the requisite cost of tender document in prescribed form, their offer shall berejected. The cost of EMD shall not be merged with cost of tender form and shallbe separately furnished.7. The Tenderer/s shall maintain the integrity of downloaded tender document and shall notmake any change/addition/deletion/tampering, whatsoever, in the downloadeddocuments. The Tenderer/s offer shall be rejected and full earnest money shall beforfeited, in case it is detected after submission of offer, that they have made anymodification in downloaded documents. In case such modification is noticed evenafter award of contract, Rly is liable to terminate the contract on contractor's default.In addition Railway reserves the right to take action against the firm as deemed fit,which may include Banning of Business Dealings with the firm and the firm is also liableto be prosecuted as per the law. After award of work agreement will be preparedbased on the master copy of tender document available in the Railway's office. In22

case, any discrepancy is noted in tender document submitted by Tenderer, the Masterdocument kept with Rly shall prevail and decision of Rly thereon shall be final and bindingon Tenderer/ Contractor.8) Tenderer/s shall print the tender document on good quality A4 size papers ofthickness 75 GSM or above and printed document shall be clearly legible. Thedocument shall be properly bound and page numbers shall be in serial order asmentioned in downloaded documents. The Tenderer/s shall not be reimbursed withthe cost of stationery, printing and binding etc. Offer of Tenderer/s is liable to berejected by Railway, if tender document is not printed or bound as per aboveinstructions. Further Tenderer shall bear expenses of Internet connection andtelephone charges, if any for downloading of tender document.9) The Tenderer/s shall keep themselves updated about any modification in tender noticeand tender document, issued by Railway through newspapers, website or E-mail orany other means and shall act accordingly. It is the responsibility of the Tenderer tocheck any correction or any modifications published subsequently in Web site and thesame shall taken into account while submitting the tender. Tenderers offer is liable to berejected if they have not enclosed all the corrections/corrigendum along withdownloaded tender documents.10) The "Additional Conditions for Tender Document downloaded from Website" must besigned by the Tenderer and enclosed along with the Tender document failing whichthe tender is liable to be rejected.11) The following declaration should be given by the Tenderer while submitting thetender:23

DeclarationI/We have downloaded the tender document from the websitewww.cr.indianrailways.gov.in/ www.rrccr.com and I/We have nottampered/modified the tender forms in any manner. In case the document is found tobe tampered/modified, I/We understand that my/our tender is liable to be rejected andfull earnest money deposit will be forfeited and I/we am/are liable to be banned fromdoing business with Railways and/or prosecutedSignature of TendererTENDER NOTICE NO. CR /Dy.CPO(Rectt.)/ RRC/WB / 2012 /1 DATE28 /09/2012Name of WorkHiring of 01 (one) – Non-AC vehicle four wheeler (Non-ACEsteem/Indica/Wagon-/Zen or similar) for officialuse of Dy.Chief Personnel Officer(Rectt.) in ChiefPersonnel Office, Central Railway, Mumbai CST.Approximate value 3,24000/-Last date for submission 18.03.2013Issued toDate of issueCERTIFICATEI / We hereby declare and certify that I / We have inspected the site/office of workand have fully familiarized myself / ourselves with all aspects of works to be carried outunder the present tender where upon only, rates have been quoted by me / us. I amaware of :-1. Details of the work to be carried out.2. Topography of the area & conditions at the site of work.3. Availability of local Labour, both skilled and un-skilled.4. The existing roads and access to the site of work.5. Availability of space for putting camps, offices, engineering tools,yard etc.6. Availability of other facilities like electricity, water at the bridge sites.Date :Place :Signature for & on behalf of24

SPECIAL CONDITIONS FOR HIRING OF VEHICLES :i) The contract shall be valid for a period of 15 (Fiftten ) months.ii)The vehicle should not be more than 3 years old on the date of operation of contract but should be ingood fettle, mechanically sound and decently maintained with neat and clean seat covers etc.iii) The rates mentioned shall be all inclusive and no other charges will be paid except the parkingcharges wherever levied on production of original parking coupons.iv)The contractor shall be responsible for providing the required number of vehicles at any time, even atshort notice. The services should be available round the clock.v) The drivers of the vehicles will maintain Log-Sheets as per specimen provided by Central Railway inrespect of each car.vi) The hired vehicle is not owned by any Railway officer/staff or by their family members in full or partshare basis.vii) The contractor shall ensure that the tanks of all cars supplied are fully filled-up with diesel/petrol/CNGbefore these are sent for duty.viii) Vehicles must carry proper sticker of ‘Govt. of India’ on front and back side.ix) During the currency of contract, vehicles cannot be used for any other purpose except for CentralRailway.x) The contractor shall ensure that all drivers have live mobile phone connection so that they arecontactable whenever required.xi) The driver provided by the contractor should be suitably dressed, well mannered and well acquaintedwith the area. He shall attend the duty on time in proper and clean uniform with name badge and withvalid driving license.xii) Bills for supply of cars for any month along with signed duty slips and Log-Sheets by the users shallbe preferred in the first week of the following month for payment.xiii) The contractor shall ensure that vehicles and the drivers are dedicated to the officer with whomvehicle is attached and changed only with their prior consent and with advance notice of at least 3days, except in emergencies. Frequent changing of drivers and bringing drivers from far off placeswithout proper knowledge of roads and driving skill shall not be resorted to.xiv) The penalty for some of the defaults is as under :a) Late reporting - Rs. 100/- per day.b) Non reporting - Rs. 500/- per day.c) Refusal of duties - Rs. 500/- per instance.d) Non observation of dress-code - Rs. 100/- per instance.e) Change of drivers without prior intimation /providing improper drivers- Rs. 500/- per instance.f) In case of non reporting the per day rent for vehicle on pro-rata basis will be deductedapart of the above penalty.xv) ARBITRATION - The Contract Agreement should be governed by Clause Nos. 63 & 64 of GeneralConditions of Contract pertaining to Settlement of Disputes/ Arbitration.25

xvi) The contractor shall have to submit a list of all cars / car proposed to be supplied by them indicatingtheir Make, Registration No., Model and type of fuel consumed by each car along with their letter ofacceptance of this offer.xvii) The contractor shall be fully responsible for safe running of vehicle. Central Railway will not beresponsible for any loss, damage, repairs, maintenance or accident to the vehicle or driver.xviii) Central Railway Administration in no case is responsible for any legal matter arising of anyState/Central Govt. laws in the matter of employment of the driver by owner of the vehicle or in respectof any other matter.xix) Minimum wages to the driver and other statutory obligations shall be met by the contractor at his owncost.xx) The contractor in addition to the indemnity provided by law shall indemnify the Railway administrationagainst all liability whatsoever to pay compensation under Workmen Compensation Act as amendedfrom time to time in respect of any accident/injury to any labour employed by him under this contract orcompensation in respect of any claim arising out of or in the course of employment under this contract.xxi) The contractor shall not assign or sublet the contract or any part thereof or allow any person tobecome interested therein in any manner whatsoever without the permission in writing of the Railway.Any breach of this condition shall entitle the Railway to rescind the contract and also render thecontractor liable for payment to the Railway of any loss or damage arising or ensuing from suchcancellation.xxii) The vehicles should be insured against accident etc. as per rules and statutory obligations.xxiii) The quantities shown in the schedule are approximate and meant to give the tenderer/s an idea of thequantities of work involved. The Railway reserves the right to add/delete any item/s and toincrease/decrease the quantities by 25%. Relevant paras of GCC and relevant Railway Board’sinstruction on the subject shall be made part of the tender booklet.xxiv) Standard GCC of Central Railway along with latest Railway Board’s directives will be applicable in thiscontract. Earnest money, Security Deposit and Performance Guarantee and any other chargesleviable shall be recovered as per rules.xxv) Notwithstanding anything contained in the other clauses of the agreement, in the event ofunsatisfactory service or any failure/breach at any time by the contractor of the terms and provision ofthe agreement, the contract shall be terminated forfeiting the deposits i.e. PBG / SD etc. of thecontractor and contractors shall have no claim whatsoever against the administration in consequenceof such termination of contract. Relevant paras of GCC and relevant Railway Board’s instruction onthe subject shall be made part of the tender booklet.xxvi) The Contract Agreement should be governed by Clause Nos. 61 & 62 of General Conditions ofContract pertaining to Determination of Contract.xxvii) Price variation clause shall be applicable as under : “Revision of the fare/rates due toincrease/decrease in the petrol/diesel/ CNG prices shall be considered by Central RailwayAdministration (who has entered into the contract or who is operating the contract) if the increase/decrease is more than 5% with respect to fuel price rates applicable on the date of opening ofquotation/tender. In case the increase/decrease is beyond 5% any time with respect to fuel pricerates applicable on the date of opening of tender, the rates shall be increased / decreased by 1/4th ofthe percentage increase/decrease in the fuel prices. For this purpose, firms are bound to furnish list ofpetrol/diesel/CNG driven vehicles supplied by them on a monthly/daily basis. This statement mustindicate petrol/diesel/CNG vehicles separately and must be sent to Central Railway Administrationalong with their monthly bills. In the absence of declaration, no increase will be permissible.”(xxviii) (a) The average running of vehicles may be more 1500 kms. (as applicable) in a month (monthlybasis) and the duty hours may also exceed the limit of 320 hours in a month (monthly basis).26

Normal period of working for monthly hire package will be 8.00 hrs. to 20.00 hrs. The timing ofthe twelve hrs. period of working may vary based on actual requirement of the RailwayAdministration on a day-to-day basis.(b)The vehicles shall normally be made available by the Contractor for 26/27 days in a monthirrespective of Saturdays, Sundays and other holidays, as per requirement of office.(c) However, sometimes vehicles may require more than 26/27 days in a month. Accordingly, thecontractor has to ensure weekly rest/off to drivers. No additional payment upto 26/27 daysworking in a month will be paid. However, extra payment would be paid on per km/hrs basis if themonthly mileage/hours were more than 1500 kms/320 hours. Payment for the days absent in themonth will be deducted predominately from monthly charges in additional to the penalty and othercharges if any as per para (xiv).(xxix)Whenever there is any conflict between the General Conditions of Contract and Special Conditionsof Contract, the latter shall prevail.****Tender Schedule for the work of-27

Sr.No. Description of work Unit/ Rate( Rs.)1. Providing of 01 (one) licensed Non-ACvehicle four wheeler(Non-AC-Esteem/Indica/Wagon-R/Zen orsimilar) as per theconditions of contract.Per Vehicleper month /minimum1500KmRate in words (Per vehicle per month/minimum 1500 kms & 320 Hours)Note:-______________________________________________________________________1) The hiring of non-AC vehicle is estimated at cost of Rs. 27,000/-(Rs. Twenty Seven Thousand only) Per month2) Extra kms and extra hours will be paid Extra km/`10/- & extra hr/Rs.50/- fixed for thecontract period (Rate not to be quoted for them).3) Tenderers are requested to read the conditions carefully and then quote a single rateaccordingly consistent with the note (1) above.4) Rate is to be quoted by the tenderer in figures as well as words.5) Tender with contractor’s condition are liable to be rejected.6) Time of completion of work is 15 months from the date of issue of acceptance letter.***********28

STRUCTURE OF ORGANISATIONAnnexure-I1. Name of the Company :Address :Telephone No. :Telex No. / FAX No. :2. Description of the major field ofactivities of the company:3. Number of years of experience inthe field of execution of works ofsimilar Nature4. Name and address of partners ofassociated companies, if anyproposed to be involved in theproject.5. Name and address of thecollaborators / consultants, if any,who will be involved in the project.:::6. Name and address of Bankers :7. Attach an organization Chartshowing the structure of thecompany including names andposition of Directors and keypersonnel.:-------------x------------29

FINANCIAL STATUSAnnexure – II1. Name of the Organization :2. AddressTelephone No. :Telex No. :FAX No. :GRAMS :3. Form of Business :Proprietary :Partnership Company :4. Whether the business partnership is :registered5. Whether registered with any of :Government Undertakings (providelatest copies of registration, validity)6. Date and commencement of :Business7. Authorised and paid up capital (a :copy of the articles of association tobe enclosed)8. Financial Position :8.1 Cash :8.2 Current Assets :8.3 Current Liabilities :8.4 Working Capital :8.5 Net Worth :9. Total turnover ( in lakhs):Enclosed audited balance sheet foreach year (Financial year is APR-March)2004-20052005-20062006-200710. Financial Arrangements :10.1 Own resources :10.2 Bank Credit:(Enclose supporting letter from Bank)10.3 Others (specify) :11. Approximate value of works on hand :12. Value of anticipated orders for nextfinancial year:------------x------------30

TENDER FORMS [FIRST SHEET]Annexure – IIITender Notice No. CR /Dy.CPO(Rectt.)/RRC/ WB/2012 /1 Dt. 28.09.2012Name of work:- Hiring of 01 (one) – Non-AC vehicle four wheeler (Non-AC Sumo/taveraor similar) for official use of Dy.Chief Personnel Officer (Rectt.) inCentral Railway, Railway Recruitment Cell at Wadi Bunder, Mumbai 400010.To,The President of India,Acting through the Deputy Chief Personnel Officer,(Rectt.)Central Railway /CSTMI / we, _____________________________________________________have read the various conditions to the tender attached here to and agree to abide by the saidconditions. I/ we also agree to keep this tender open for acceptance for a period of 90 days fromthe date fixed for opening the same & in default thereof, I/we will be liable for forfeiture of my /our “Earnest Money” I/we offer to do the work for _____________________ Railways, at therate quoted in the attached schedule & hereby bind myself / ourselves to complete the work inall respects within 15 months from the date of issue of letter of acceptance of the tender.2. A sum of Rs. is herewith forwarded as Earnest Money. The full value the EarnestMoney shall stand forfeited without prejudice to any other right or remedies in case my/ourTender is accepted and if:-a) I/we do not execute the contract documents within 7 days after receipt of noticeissued by the Railways that such documents are ready &b) I/we do not commence the work within 15 days after receipt of orders to that effect.3. Until a formal agreement is prepared & executed, acceptance of this tender shallconstitute a binding contract between us subject to modifications, as may be mutually agreed tobetween us & indicated in the letter of acceptance of my / our offer for this work.Signature of witness____________________________I] _________________ Signature of Tenderer. [s]II] ________________Date.Address of the Tenderer[s]31

TENDER FORM [SECOND SHEET]Annexure – IV1. Instructions to tenderers and conditions of tender – The following documents form part oftender / contract. :a] Tender forms – First sheet & Second sheet.b] Special conditions / specifications [enclosed]c] Schedule of Approximate quantities [enclosed]d] General conditions of contract2. Tenders containing erasures and/or alterations of the tender documents are liable to berejected. Any correction made by Tenderer(s) in his/their entries must be attested by him/them.3. The tenderer [s] shall quote his / their rates as a percentage above or below the Scheduleof Rates of the Central Railway as applicable to except where he / they are required to quoteitem rates & must tender for all the items shown in the schedule of approximate quantitiesattached. The quantities shown in the attached schedule are given as a guide and areapproximate only and are subject to variation according to the needs of the Railway. TheRailway does not guarantee work under each item of the schedule.4. The vehicles are required for a period of 15 months from the date of acceptance letter.5. Earnest Money: a) The tender must be accompanied by a sum of 6480/- as earnestmoney deposited in cash or in any of the forms as mentioned in Regulations for tenders andContracts for the guidance of the Engineers and Contractors, failing which the tender will not beconsidered.b) The tenderer(s) shall keep the offer open for a minimum period of 90 days from thedate of opening of the Tender it is understood that the tender documents has been sold / issuedto the Tenderer(s) and the Tenderer(s) is / are permitted to tender in consideration of thestipulation on his/ their part that after submitting his/their tender subject to the period beingextended further if required by mutual agreement from time to time, he will not resile from hisoffer or modify the terms and conditions thereof in a manner not acceptable to the officers ofCentral Railway. Should the Tenderer fail to observe or comply with the foregoing stipulations,the amount deposited as Earnest Money for the due performance of the above stipulation shallbe forfeited to the Railway.c) If the tender is accepted, the amount of Earnest Money will be retained and adjustedas Security Deposit for the due and faithful fulfillment of the contract. This amount of SecurityDeposit shall be forfeited if the tenderer (s) / contractor(s) fail to execute the Agreement Bondwithin 07 days after receipt of notice issued by the railway that such documents are ready or tocommence the work within 15 days after receipt of the orders to that effect.d) The Earnest Money of the unsuccessful tenderer(s) will, save as herein beforeprovided, be returned to the unsuccessful tenderer(s) within a reasonable time but the railwayshall not be responsible for any loss or depreciation that may happen to the Security for the dueperformance of the stipulation to keep the offer open for the period specified in the tenderdocuments or to the Earnest Money while in their possession nor be liable to pay interestthereon.32

6. Rights of the Railway to deal with tender – The authority for the acceptance for thetender will rest with the Railway. It shall not be obligatory on the said authority to accept thelowest tender or any other tender & no tenderer [s] shall demand any explanation for the causeof rejection of his / their tender nor the railway undertake to assign reasons for declining toconsider or reject any particular tender or tenders.7. If the tenderer [s] deliberately gives / give wrong information in his / their tender orcreates / create circumstances for the acceptance of his / their tender, the railway reserves theright to reject such tender at any stage.8. If the tenderer[s] expires after the submission of his / their tender or after the acceptanceof his / their tender, the railway shall deem such tender cancelled. If a partner of a firm expiresafter the submission of their tender or after the acceptance of their tender, the Railway shalldeem such tender as cancelled, unless the firm retains its character.9. Tenderer[s] credential - Documents testifying tenderer’s previous experience &financial status should be produced along with the tender or when desired by competentauthority of the Central Railway.Tenderer[s] who has / have not carried out any work so far on this Railway & who is/arenot borne on the approved list of the contractors of Central Railway should submit along withhis / their tender credential to establish –i] His capacity to carry out the works satisfactorilyii] His financial status supported by bank reference & other documents.iii] Certificates duly attested & testimonials regarding contracting experience for thetype of job for which tender is invited with list of works carried out in the past.10. Tender must be enclosed in a sealed cover, super-scribed “Tender No. HPB/706/RRC/WB/Hiring /Vehicle Dt. 08 .02.2013” shall be dropped in the special box kept for thispurpose in Railway Recruitment Cell, 1 st Floor, Chief Project Manager (Conv.)’s Office,P.D.Mellow Road, Wadi Bunder, Mumbai 400 010. This special (Tender) box will be sealed at15.00 hours on 18.03.2013. The tender will be opened at 15.30 hours on the same day.The tender papers will not be sold after 17.00 hours on 15.03.2013.11. Non-compliance with any of the conditions set forth there in above is liable to result inthe tender being rejected.12. Execution of Contract Document- The successful tenderer [s] shall be required toexecute an agreement with the President of India acting through the Central Railway forcarrying out the work according to the General Conditions of Contract, Special Conditions /Specifications annexed to the tender & specifications for work & material laid down in the WorksHand Books Part III & Sanitary Works Hand Book of Central Railway as amended / correctedupto Correction slip mentioned in the tender form [ first sheet].13. Partnership Deeds , Power of Attorney etc. - The tenderer [s] shall clearly specifywhether the tender is submitted on his own or on behalf of a partnership concern. If the tenderis submitted on behalf of a partnership concern, he should submit the certified copy ofpartnership deed along with the tender & authorization to sign the tender document on behalf ofpartnership firm. If these documents are not enclosed, along with tender documents, thetenderer will be treated as having been submitted by individual signing the tender documents.The Railway will not be bound by any power of attorney granted by the tenderer or by changesin the composition of the firm made subsequent to the execution of the contract. It may,however recognize such power of attorney & changes after obtaining proper legal advice, thecost of which will be chargeable to the contractor.33

14. The tenderer whether sole proprietor , a limited company or a partnership firm if theywant to act through agent or individual partners[s] should submit alongwith the tender or at laterstage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistratein favour of the specific person whether he / they partner [s] of the firm or any other personspecifically authorizing him / them to submit the tender , sign the agreement, receive money ,witness measurements, sign measurement book, compromise, settle, relinquish any claimspreferred by the firm & sign “ No Claim Certificate “ & refer all or any dispute to arbitration.15. Employment / Partnership etc. of Retired Railway Employee –a] Should a tenderer be a retired Engineer of the Gazetted rank or any other Gazettedofficer working before his retirement whether in the executive or Administrative capacity, orwhether holding a pensionable post or not, in the Engg.Department. of any of the railwaysowned and Administered by the President of India for the time being, or should a tenderer beingpartnership firm have as one of its partners a retired Engineer or retired Gazetted Officer asaforesaid, or should a tenderer being an incorporated company have any such retired engineeror retired officer as one of its director, or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirementof such engineer or gazetted officer from the said service & in case where such engineer orofficer had not retired from Govt. service at least 2 years prior to the date of submission of thetender as to whether permission for taking such contract, or if the contractor be a partnershipfirm or an incorporated company, to become a partner or director as the case may be, or to takeemployment under the contractor, has been obtained by the tenderer or the Engineer or Officer,as the case may be from the President of India or any officer, duly authorized by him in thisbehalf , shall be clearly stated in writing at the time of submitting the tender. Tenders withoutthe information above referred to or a statement to the effect that, no such retired Engineer orretired Gazetted Officer is so associated with the tenderer, as the case may be, shall berejected.b] Should a tenderer or contractor being an individual on the list of approved contractors,have a relative [s] or in the case of partnership firm or company of contractors one or more ofhis share holder [s] or a relative [s] of the shareholder [s] employed in gazetted capacity in theEngg. Deptt. of the Central Railway, the authority inviting the tenderers shall be informed of thefact at the time of submission of tender, failing which the tender may be disqualified / rejected orif such fact subsequently comes to light, the contract may be rescinded in accordance with theprovision in clause 62 of the General Conditions of Contracts._______________(Signature )Signature of Tenderer(s) (Designation )Date_________________34

Annexure-VIDENTITY CARD.IDENTITY CARD SR.NO. ____________DATE OF ISSUE ______________CONTRACT AGREEMENT NO.___________Space for photoNAME OF THE CONTRACTOR& ADDRESS.PARTICULARS OF EMPLOYEENAME OF THE EMPLOYEEDATE OF BIRTH / AGEPERSONAL INDENTIFICATION MARKPERMANENT ADDRESS(SIGFNATURE OF CONTRACTOR)(The person who signed the originaltender document or the contract agreement)(SIGNATURE/THUMB IMPRESSIONOF EMPLOYEE)35

CENTRAL RAILWAYCONTRACT AGREEMENT NO………………… DATED………………ARTICLES OF AGREEMENT made this………………. Days of ……...…20……..between the President of India acting through the Railway Administration here in after called the“Railway” of the one part and ……………………………………………hereinafter called the“Contractor” of the other part.WHERE AS the Contractor has agreed with the Railway for the performance of theworks……………………set forth in the schedule hereto annexed upon the General Conditionsof contract corrected upto Printed/Advance Correction Slip No…………dated…………………andthe specifications of the Central Railway contained in the Works Hand Book, Part III, correctedupto Printed/Advance Correction Slip No……….dated………………and Sanitary Works HandBook corrected upto Printed/Advance Correction Slip No………dated……………..and theschedule of Rates of the Central Railway, corrected upto Printed/Advance Correction SlipNo………..dated…………….and the special conditions and special specifications, if any, and inconformity with the drawings here-in annexed AND WHEREAS the performance of the saidworks is and act in which the public are interested.NOW THIS INDENTURE WITNEESTH that in consideration of the payments to be madeby the Railways, the Contractors will duly perform the said works in the schedule setforth andshall execute the same with great promptness, care and accuracy in a workman like manner tothe satisfaction of the Railway and will complete the same accordance with the saidspecifications and said drawings and said conditions of contract on or beforethe…………………….day of………………..20…………..and will maintain the said works for aperiod of…………………..Calendar months from the certified date of their completion and willobserve, fulfill and keep all the conditions therein mentioned (which shall be deemed and takento be part of this contract as if the same has been fully setforth herein), AND the Railway, bothhereby agree that if the Contractor shall duly perform the said works in the manner aforesaidand observe and keep the said terms and conditions the Railway will pay or cause to be paid tothe Contractor for the said works on the final completion there of the amount due in respectthereof at the rates specified in the Schedule hereto annexed.Contractor……………………..Address………………………..Date…………………………..Signature of witnesses with address toSignature of contractorDesignation…………………..Rly.(for President of India)Date…………………………..Witnesses…………………….36

CONTRACTOR’S AGREEMENTI offer to do the work at the rates entered in the schedule of rates on the reverse which Ihave signed, and I under stand that no fixed quantity of work is given to me to do that in startingwork I am only given a place to work in or to deposit materials on, and that I have no claim tomore than one unit of work as entered in the Schedule of Rates. I agree that all works done andmaterials delivered shall be subject to the approval of the Engineer in charge, who may; rejectand decline to pay for whatever may be in his opinion interior or defective or either and I agreethat the Standard Specifications contained in the Works Hand Book Part-III, corrected up toPrinted/Advance Correction Slip No………………………………. dated…………………. andSanitary Works Hand Book corrected up to Printed/Advance Correction Slip No…………………dated…………………. of Central Railway in so far as they are not over rule by items of thisagreement, shall be deemed part of this agreement.I agree that no work under this work order shall be assigned or sublet without theprevious written approval of the ………………………………………… Engineer.I agree that my work may be stopped at any time by the ………………………………….Engineer on his giving me or my agent on the works seven days notice in writing and I agreethat the measurement of my works shall be made by the Engineer at any time appointed by himin writing subsequent to the expiry of the said notice and measurement shall be made by him atthe said time whether I am present or not and that on payment for work done and approvedmaterials delivered at site of work as ascertained by the said measurement, I shall have nofurther claim against the Railway and I agree that any dispute arise on matters connected withthis agreement, the same shall be referred to a person to be nominated in this behalf by the……………………… for the time being of the Railway, whose decision in writing shall be finaland binding on both parties.I agree that any claim I have to make shall be made in writing within seven days of dateof measurement taken by the Engineer as aforesaid and that any claims in respect of suchmeasurement made more than seven days after taking of such measurement shall be deemed tohave waived by me.37

I agree to indemnify the Railway against any claims, which may be made under Workmen’sCompensation Act 1923.WITNESSName……………………………Address………………………….CONTRACTORName…………………………………..Address…………………………Note:- If the agreement is for a work for which a special act of the Legislature exist. E.g. theIndian Mines Act the agreement should include a clause indemnifying the Railwayagainst all claim arising of provision of such act.I agree to pay the rates at ……………………..% above/below schedule of rates asapplicable to ……………………………… Division set-forth in the schedule of ratesherein for finished and approved work.…………………………..Engineer.…………………………Division.Central RailwayFor PRESIDENT OF INDIADate……………………..I/We agree to complete the works herein set-forth on or before the date specifiedherein and to maintain the same for a period of ………………………………..calendar month from the certified date of their competition and in conformity with thedocument herein referred to, and all the condition therein mentioned shall bedeemed and taken to be part of this contract as if the same had been fully set-forththerein.Signature of witnessesContractor…………………….With addresses, tosignature of contractorAddress……………………….1………………………..Date…………………………..2.………………………..“END OF TENDER DOCUMENT”38