South Eastern Railway.

ADRA DIVISION.

Hiring of vehicle.

Tender Notice No. & Description of Work Approx. value

( in Rs.)

E.M.D.

( in Rs.)

1.Sr.DPO/Adra/ Hiring Vehicle/12 dated

27.02.2012.

Hiring of four Wheeler vehicles

( Tata Sumo/Bolero/Equivalent) for

Personnel Department of Adra Division.

Rs.1,61,000.00 Rs.3,220.00

Cost of Tender Forms : Rs.1000/-

Selling of Tenders : Tender form can be obtained from the office of

Sr.DPO/Adra from 29.02.2012 to 27.03.2012 (15.00 hrs).

Place of Opening : At the office of Sr.DPO/S.E.Railway/Adra as above.

Date of Opening tender : 28.03.2012 (12.00 hrs).

Tender Notice is available at NIC’s web site http:/ / tenders.gov.in, S.E.Railway

www.serailway.gov.in/ADA . Tenderers download the tender document from the

above website from 29.02.2012 to 27.03.2012 (15.00 hrs). Tender notice is also

available at the notice board of Sr.DPO/Adra’s Office.

Sr.Divisional Personnel Officer,

S.E.Railway, Adra.

MANDATARY FORMAT FOR EACH TENDER NOTICE /TENDER DOCUMENT.

1. Tender reference No. Sr.DPO/Adra/Hiring Vehicle/12

2. Tender File PB/Adra/Hiring vehicle/12.

3. Product category Personnel Dept/Adra.

4. Sub Category. -

5. Tender Value Rs.1,61.000.00

6. Earnest Money Rs.3220.00

7. Tender documents Cost. Rs.1000.00

8. Tender type Hiring vehicle.

9. Location Over Adra Division.

10. Announcement Date 27.02.2012.

11. Last date of document collection. Up to 15.00 Hrs. on 27.03.2012.

12. Last date of submission. Up to 18.00 Hrs. on 27.03.2012.

13. Opening date 12.00 Hrs. on 28.03.2012.

14. Works description. Hiring of four wheeler vehicles (Tata

Sumo/Bolero/Equivalent) for Personnel

Department of Adra Division.

Sr. Divl. Personnel Officer,

S.E.Railway, Adra.

SOUTH EASTERN RAILWAY

Description of Work : Hiring of four Wheeler vehicles (Tata Sumo/Bolero/Equivalent) for

Personnel Department of ADRA Division

Price : Rs. 1000/-

Approximate Value : Rs. 1, 61,000/- Earnest Money : Rs. 3,220/- Completion Period : From the date of LOA to 22.12.2012.

Date of Tender opening : 28.03.2012. Sold to M/s ___________________________________________________________ _______________________________________________________________ ______________________________________________________________

Money Receipt No. _____________________ Date ______________

Sr. Divisional Personnel Officer S.E.Railway/Adra

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SOUTH EASTERN RAILWAY

ADRA DIVISION Description of Work : Hiring of four Wheeler vehicles

(Tata Sumo/Bolero/Equivalent) for Personnel Department of ADRA Division

Sr. No. Contents Page No.

1 Tender paper Money receipt form 1

2 Index 2

3 Tender Notice 3-5

4 INSTRUCTIONS TO TENDERERS & TERMS CONDITIONS.

6-21

5 CONDITIONS OF PRICES AND PAYMENT TERMS 22-24

6 SPECIAL CONDITIONS 25-26

7 TENDER FORM 27

8 INDEMNITY BOND 28

9 TENDER OFFER LETTER 29

10 RATE SHEET 30

11 TENDER SCHEDULE 31

13 EXPLANATORY NOTES. 32

12 TOTAL PAGES 32

Sr.Divisional Personnel Officer S. E. Railway, Adra

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SOUTH EASTERN RAILWAY

OPEN TENDER NOTICE NO: Sr. DPO/Adra/Hiring Vehicle/12, dtd.27.02.2012.

Sr. Divisional Personnel Officer, S.E.Railway, Adra, for and on behalf of the President of India, invites sealed tenders for the following work, from the reputed firms/contractors/suppliers with sufficient experience and financial capabilities including those registered with any

Government Department or Public Undertakings and have executed similar nature of works. 1 Description of Work Hiring of four Wheeler vehicles(Tata

Sumo/Bolero/Equivalent) for Personnel Deparment of ADRA Division.

2 Approximate Tender Value Rs.1,61,000/- (Rupees One Lakh Sixty one thousand

only). 3 Earnest Money Deposit Rs 3,220.00(Rupees Three thousand two hundred and

twenty only )

4 Cost of the Tender Forms Rs. 1000/- (One Thousand only). 5 Completion Period Upto 22.12.2012 from the date of issue of LOA.

6 Date, Time & Place of Selling of tender

Tender Forms can be obtained from the Office of the Sr. Divl. Personnel Officer, S.E.Railway, Adra during

working hrs. from 27.022012 to 27.03.2012 (15:00 Hrs) on production of original money receipt for Rs. 1000/- (non-refundable) Allocation Z-650

7 Date, Time & Place of Closing Up to 18:00 hrs. of 27.03.2012. The Tender may be dropped in the special box available in the office

of the Sr.DPO/S.E.Railway, Adra 8 Date, Time & Place of Opening

of tender At the office of the Sr.DPO/S.E.Railway, Adra at 12:00 hrs. on 28.03.2012 simultaneously.

10. The following documents should be specified for submission along with tender.

a) List of Personnel, Organization available on hand and proposed to be engaged for the subject work.

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

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

organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of the work. Date of actual start, actual completion and final value of contract should also be given with supportive

documents/certificates from the organizations with whom they worked/are working should be enclosed. No certificate from private individual for whom such works are

executed/being executed would not be accepted. 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 with supportive documents/certificates from the organizations with whom they worked/are working should be enclosed. No certificate from private individual for whom such works are executed/being executed would not be accepted.

11. Tenders must be accompanied with prescribed amount of earnest money in acceptable form as mentioned in the tender document. Earnest money in the form of Guarantee Bond will not be accepted. Tender without prescribed earnest money will liable to be summarily rejected.

12. Tender Documents should not be sent by Ordinary Post. Tenders received in this office by

Registered Post on or before 18:00 hrs. of 27.03.2012 will be deposited in the Tender Box before the closer.

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13. In case the office remains closed on the date of opening of the tender for any unforeseen circumstances, the tenders will be received and opened on the next working day at the same time and place.

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

15. Request for issue of tender paper through post is not acceptable. 16. Tender forms are not transferable. 17. The tenderer can also download the tender documents from the NIC’s web site

http://tenders.gov.in , S.E.Railway’s website www.serailway.gov.in/ada and at Rail net 9.41.25.19/ada and can also be dropped in the tender box .However, Tenderer/s will have to deposit non-refundable Demand Draft in favour of FA & CAO, Garden Reach, S.E. Railway or Money Receipt for requisite amount issued

by Chief cashier /GRC or Divnl. Cashier/Adra or Chief booking Clerk /Adra as a cost of Tender Form which will have to be attached with the tender Form otherwise the tender Form will be summarily rejected.

Railway administration will not be responsible for any delay/difficulties/ inaccessibility of the downloading facility for any reason whatsoever. In case of any discrepancy between the tender documents downloaded from internet and the master copy available in the office of Sr. DPO/ADA, the latter shall prevail and will be binding on the tenderers. No claim on this account shall be entertained.

Sr.Divl.Personnel Officer/ADA

For and on behalf ofThe President of India

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SOUTH EASTERN RAILWAY ADRA DIVISION

Hiring of vehicle

Tender Notice No. & Description of Work Approx. value ( in Rs)

E.M.D ( in Rs.)

Tender

date of

opening

1. Sr. DPO/Adra/Hiring Vehicle/12 dtd.

27.02.2012. Hiring of four Wheeler vehicles (Tata Sumo/Bolero/Equivalent) for Personnel Department of ADRA Division required for raising sectional speed.

1,61,000.00 3,220.00 28.03. 12

Cost of Tender Forms : Rs 1000/- Selling of Tenders : Tender form can be obtained from the office of Sr. Divl.

Personnel Officer/ADA from 27.02.2012 to 27.03.2012

(15:00 hrs.) Place of Opening : at the office of Sr. Divl. Personnel Officer/ADA. Tender Notice is available at NIC’s web site http://tenders.gov.in , S.E.Railway’s website www.serailway.gov.in/ada and at Rail net 10.41.25.19/ada. Tenderers can also download the tender document from the above website from 27.02.2012 and up to 15:00 hrs. on 27.03.2012. Tender notice is also available at the notice board of Sr. DPO’s Office/Adra.

Sr. Divl. Personnel Officer/ADA For and on behalf of The President of India

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CHAPTER-I INSTRUCTION TO TENDERERS AND TERMS AND CONDITION OF TENDERING.

(To be signed by the Tenderer and submitted along with the tender)

1.1 1.1.1 TENDER PAPER DOCUMENT.

The tender paper/documents are divided into two parts. The part-I consists of Tender notice, instructions to tenderer and terms and condition for tendering including conditions of pricing and payment.

Part-II consists of the following. a) Special conditions of tendering b) Tender form c) Schedule of Price with its explanatory note

1.1.2 GENERAL INSTRUCTIONS

It may be noted here that the conditions of General conditions of contract(G.C.C. ) ( with the latest amendment ,if any) of S. E. Railway, all provisions of relevant codes, manual etc.(

with the latest amendment ,if any), are generally applicable unless specifically mentioned otherwise in this paper.

The intending tenderer before submission of tender is advised that in his own interest to study the tender papers carefully without prejudice to the generally of the foregoing and the

tenderer shall inspect the site and surrounding of the works specified in the tender documents and shall satisfy himself by careful examination before submission of the tender as the nature of site , soil and local conditions, availability of labour and materials for execution of work, the

means of access to site supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for and things referred to or implied in the

tender documents Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties doubts, misconception and mis-appreciation thereof effecting the execution and completion of work..

1.1.3 ALTERNATIVE PROPOSALS:

Should the tenderer have alternative proposals for arrangement design and specification which the tenderer considers would reduce the cost of the installation, improve

the performance and reliability he should incorporate them in the tender (form 5) for consideration by the purchaser.

He shall clearly indicate the technical and financial advantage which would accrue to the purchaser for such alternative proposals suggested by him.

Such proposals, shall however be given without any loss of generally of the specification

and drawing obtained herein.

1.1.4 SUBMISSION OF TENDER: The tender must be submitted in sealed envelope marked with the tender No. and the name of the work and should dropped in the sealed TENDER BOX’ kept for the purpose at the time as mentioned in the Tender Notice for this purpose.

Tenders, sealed and super scribed as above, may also be sent by Registered post addressed to

the above mentioned office so as to reach earlier to the date and time of the closing of the tender, No tender which is received after the time and date specified above will be considered

under any circumstances. Any tender delivered or sent otherwise will be at the risk of the tenderer. All documents to be submitted in connection with the tender shall be written in English and in ink.

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1.1.5 RATES:

The tenderer(s) should quote only uniform percentage (ABOVE/BELOW) the rates of all items given in schedule of prices any tender received with different percentage for different items of

the schedule stands; summarily rejected. CONDITIONAL OFFERS WILL BE SUMMARILY REJECTED.

1.1.6 CLARIFICATION

Clarification required by the tenderer may be obtained from the office of the Sr. Divisional Personnel Officer, Adra. 1.1.7 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE:

The tenderer is required to produce along with his tender the current and valid income tax and sales tax clearances certificate, in original (which will be returned when done with) without which the tender will be rejected. The successful tenderer shall have to send current income tax and sales tax clearances along with the bill without which no payment would be made to him. 1.1.8 TAX DEDUCTION:

Income Tax @ 2% plus surcharges as applicable on the amount to be paid by the contractor in pursuance of the contract which will be deducted from the bills preferred by him in accordance

with section 1204C of the Income Tax Act.1961 as introduced through finance Act of 1972 or as amended from time to time, @ 4% OWST/JWST/BWST will be recovered where it is

applicable. In addition to 1% C.Cess is also recoverable if the site of work falls under the Railway settlement limit. 1.1.9 LICENCE AND ELECTRICAL CONTRACTORS CERTIFICATE.

Along with the tender, the tenderer shall have to submit valid Electrical Contractor’s Licence issued by the Government in favour of the contractor to execute the work and valid Electrical

Supervisory certificate to supervise the Electrical works. Alternatively, the firm must be a Registered Company under State/Central Government for carrying out business in Electrical

Construction works. 1.1.9 SIGNING OF TENDERS AND POWER OF ATTORNEY:

In case of a firm not registered under partnership Act, all the partners or the attorney duly authorized by all of

them should sign the tender and other connected documents. A copy of the document empowering the individual

to sign should also be sent with the tender. In any case, tender should disclose his constitution fully and copies of

all necessary legal documents in support thereof should be submitted with the tender and originals thereof should

be produced as and when called for.

1.1.9.1 Any individual signing the tender or other documents connected therewith

should specify whether he is signing. i) As sole proprietor of concerned or his attorney or ii) As a partner or partners of the firm or iii) For the firm per procreations or

iv) As a director, Manager or Secretary in the case of limited company.

1.1.11 TENDER ADDRESSES: Every tenderer shall state in the tender his postal address fully and clearly. Any communication

sent to the tenderer by post at his said address shall be deemed to have reached the tenderer

duly and in time notwithstanding the fact that the communication did not reach the tenderer at

all or in time for the reasons whatsoever Important document shall be sent by Registered post.

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1.1.12 ERASURES OR ALTERNATION:

No erasure or alternation in the text of the tender paper is permitted and any such erasure and/or alternation will either be disregarded or render the whole tender void at

the option of the Railway Administration. Any correction made in rates for the work shall be initiated in ink and dated. 1.1.13 COMPLIANCE WITH INSTRUCTIONS:

Tender which do not comply with the instructions detailed above shall not be considered.

1.1.14 RESULTS OF TENDER :

The acceptance of the tender will rest with Sr. Divisional Personnel Officer, S.E.Railway, Adra for and on behalf of the president of India who reserves the right to decide the tender amongst more than one tenderer, if deemed necessary and also to reject any or all

tenders received without assigning any reasons and does not bind himself to accept the lowest or any tender.

1.1.15 VALIDITY OF TENDER :

The contractor shall keep the offer viz. the tender and/or tenders as may be modified by

negotiations open for acceptance for a period of 90 days from the date on which tender/tenders is/are opened and in default, the Earnest Money deposited by him shall be forfeited to the Railway.

1.1.16 TIME SCHEDULE AND PROGRAMME:

The contractor shall strictly follow the time schedule for all works under this as mentioned in the tender notice if the contractor fails to execute the work completely within the time specified or an authorized extensions thereof, Railway Administration is entitled to recover from the contractor a sum of half percent of the price of that portion of the work not completed by the due date for each and every week or part of the week taken extra by the

contractor to complete the work . The amount of damages recovered shall in no case exceed 9% of the value of the contract . If such a failure as aforesaid shall have arisen from any cause which the purchaser may admit as being a reasonable ground for extension of time, the purchaser shall allow such additional time as he may in his absolute discretion consider to be reasonably justified by the

circumstances of the case.

1.1.17 TERMINATION OF CONTRACT: Notwithstanding the provisions under other papers the Railway Administration may at any

time by a notice in writing summarily terminate the contract without liability to pay any compensation to the contractor in respect thereof in any of the following event:

i) INSOLVENCY : The contractor being an individual or a firm any partner in the Contractor’s

firm shall at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation on composition under any law relating to insolvency for time being enforce or make any conveyance or

assignment of his assets or enter into any arrangements or composition with his Creditors or suspend payment or is the firm be dissolved under the partnership Act.

ii) LIQUIDATION : If the contractor being company shall pass a resolution or the court

shall make an order for the liquidation of its affairs or a receivers or a manager on behalf of debenture holders shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or manager.

iii) BREACH OF CONTRACT : If the contractor commits any breach of this contract not

herein specifically provided always that such termination shall not prejudice any right of

action or remedy which shall have accrued or accrue thereafter to the Railway administration and provided also that the contractor shall be liable to purchase any

extra expenditure which the Railway Administration is thereby put to but shall not be entitled to any gain on repurchase in the event of such termination without prejudice to the other right and remedies of the Railway administration including

the rights for forfeiting the security deposit, the Railway administration shall be entitled to have the work or the undone portion thereof performed, executed and/or carried out by

any other agency at the cost and risk of the contractor liable for reimbursement in the event of any loss on this account.

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1.1.17.2 EXCEPTIONS : Termination of contract will not arise in case of voluntary liquidation meant for alternation or reorganization provided with the newly formed company

takes over the fully responsibility and Liabilities of the liquidated firm and it is acceptable to the Railway Administration. 1.1.17.3: Termination of contract under this Para will not arise in case of breaches or

defects of a minor nature . The Sr.Divl.Personnel Officer/ADA shall be the sole authority, to decide whether breaches and defects are of minor nature.

1.1.18 EARNEST MONEY:

Along with his tender the tenderer should deposit cash with the Divisional Cashier, S. E. Railway, Adra (West Bengal). The amount as specified in tender notice or below as Earnest

money.

The tenderer shall be required to deposit earnest money with the tender for the due

performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. This earnest money shall be applicable for all modes of tendering. The amount of earnest money to be deposited with tender shall be as indicated below:

Value of the work (Tender value ) EMD For works estimated to cost up to

Rs. 1 Crore

: 2% of the estimated cost of work

For works estimated to cost more than Rs. 1

Crore

: Rs. 2 Lakhs plus ½ % (Half percent ) of the

excess of estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore

EMD in the form of bank guarantee bonds is not acceptable. No PEMD is acceptable for the

tenders.

1.1.18.1 Earnest money shall be paid in cash or in any of the following forms: i) Pay orders, Deposit receipt or demand draft in favour of FA & CAO/

S.E.Railway, Garden Reach, and Kolkata (WB). These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Banks of India will be necessary.

ii) The documents as referred to above must be attached with the tender

without which the tender will not be considered and summarily rejected. 1.1.18.2 The Government securities (Stock securities, Bearer Bonds, Promissory notes, Cash

certificates etc.) shall not be accepted as Earnest money.

1.1.18.3 It is stated that the Earnest money as specified is to be submitted in full as initial

security.

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

refunded to the unsuccessful tenderer as soon as possible after the tender is finally decided.

1.1.18.5 It shall be understood that the tender documents have been sold/issued to the tenderer and he has agreed to the tender taking into consideration the stipulation on his part that after submitting the tender will not resile from his offer or modify his

conditions thereof in a manner not acceptable to the purchaser. 1.1.18.6 Should the tenderer fail to observe or comply with this stipulation, the amount of

security deposit referred to in clause 1.1.18.3 above shall be forfeited to the Government.

1.1.19 SECURITY DEPOSIT

1.1.19.1 Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under :- a) Security Deposit for each work should be 5% of the contract value,

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b) The rate of recovery should be at the rate of 9% of the bill amount till the full security deposit is recovered.

c) Security Deposits will be recovered only from the running bills of the contract and

no other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit.

Security deposit shall be returned to the contractor after the physical completion of the work as certified by the competent authority The before releasing the SD, an

unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

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

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

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

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

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

1.1.19.7 As far as practicable tenderer should in their own interest deposit security deposit in cash with Divl. Chief Cashier/S. E. Railway, Adra to facilitate prompt refund of

the deposited amount on fulfillment of the terms of the contract.

1.1.19.8 (a) The successful bidder shall submit a Performance Guarantee (PG) in the form of an irrevocable bank guarantee amounting to 5% of the contract value.

(b) The Performance Guarantee should be furnished by the successful bidder after the letter of acceptance has been issued, but before signing of the agreement. The

agreement should normally be signed within 15 (fifteen) days after the issue of LOA and the Performance Guarantee should also be submitted within this time limit. This guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time for completion of work gets extended, the

contractor shall get the validity of performance Guarantee extended to cover such extended time for completion of work plus 60 days.

(c) Performance Guarantee (PG) shall be released after the physical completion of the work based on the ‘completion certificate’ issued by the competent authority stating

that the contractor has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance

period and after passing the final bill based on ‘ No Claim Certificate’. (d) Wherever the contract is rescinded, the security deposit shall be forfeited and the

Performance Guarantee shall be encashed and the balance work shall be got done independently without the risk and cost of the failed contractor. The failed

contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV of a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender

for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm.

(e) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India under the contract (not withstanding and

/or without prejudice to any other provisions in the contract agreement ) in the event of

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the Engineer may claim the full amount of the

Performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as

agreed by the contractor or determined under any of the Clauses/conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

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(iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

1.1.20 ADDITIONS AND ALTERATIONS:

Railway Administration may require modifications to be carried out on the works Considered necessary either during the execution or after a part of whole of the installations

coming within the purview of the contract such modifications shall be carried out, only after the additional prices , if any proposal by the contractor are accepted by the Railway Administration.

1.1.20.1 If any additional quantum of the works specified in the schedule becomes necessary during the course of execution , the contractor may be called upon to carry out such ,

additional works to the extent of 25% of the original contract quantity at the same rates, terms and conditions without inviting any fresh quotations .

1.1.21 SAFETY MEASURES:

The contractor shall take all precautionary measures in order to ensure the Protection

of his own personal moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways . The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his Representatives , agent or sub-contractor of workmen . He shall give due notice to his employees and workers about the provisions of the Para.

The contractor shall indemnify and keep the Railway Administration indemnified and harmless against all actions, suits , claims, demands, other charges or expenses arising in

connection with any accidents , death or injury sustained by any person(s) within the Railway premises and any loss or damage to Railway property sustained , due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective of whether

such liability arising under the workmen’s compensation Act 1923 or fatal accidents Act or any other stature in force for the time being .

1.1.22 EXECUTION OF AGREEMENT

The contractor is required to execute a formal agreement in prescribed form (Form 7) with the Railway Administration on the lines of the Tender conditions and until the formal agreement is executed , the LOA by the Railway Administration shall be valid and binding on

the contractor in all respects .

1.1.23 RAILWAY PASSES: No free Railway passes will be issued for the contractor.

1.1.24 SPECIFIED RAILWAY STORES: Materials which are to be supplied by the Railways as specified in Annexure for

Execution of the work will be handed over to the contractor by the consignee from his store against Indemnity Bond (Form 6) . The loading, handling and transportation of such materials

to the work sites shall have to be done by the contractor at his own cost. All other materials as may be required to execute the work and to make the installation, complete in all respects according to the specification and schedule of work shall

be supplied by the contractor and cost thereof included in the schedule of prices . The transportation of the materials to the work site shall be borne by the contractor. 1.1.25 REFUND /FORFIETURE OF EARNEST MONEY:

The Earnest money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender under

clause 1.1.15(i.e Minimum validity of offer ) hereof shall be refunded to the unsuccessful tenderer(s) within a reasonable time after finalization of the tender case . The earnest money deposited by the successful tenderer(s) shall be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the

Agreement bond or start the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender.

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1.1.26 COMMUNICATION TO BE IN WRITING : All notices communications, reference and complaints made by the purchaser of his

Engineer or the Engineer’s representative or the contractor in tense concerning the works shall be in writing and no notice communications reference or complaint not in writing shall be

recognized . The list of addresses to which correspondence and documents relating to the contract should be sent are indicated in the tender papers in Part-II .

1.1.27 SERVICE OF NOTICES ON CONTRACTORS: The contractor shall furnish to the Engineer the name, designation and address of his

authorized agent and all complaints , notices, communications and references shall be deemed to have been so duly given to the contractor if delivered to the contractor left at or posted to

the address so given and shall be deemed to have been so given in the case of posting on the day on which would have reached such address in the ordinary course of post or on the day on which they were so delivered or left in the case of contract by partners, any change in the constitute of the firm shall be forthwith notified by the contractor to the Engineer. Important documents may be sent by “REGISTERED POST”.

1.1.28 SUBLETTING OF CONTRACT : The contractor shall not assign or sublet the contractors any part thereof or allow any

person to become interested therein any manner whatsoever without the special permission of

the purchaser . Any breach of this condition shall entitle the purchaser to rescind the contract under clause 1.1.45 (i.e Right to Railway to determine contract ) of these conditions and also render the contractor liable for payment to the purchaser in respect of any loss or damage

arising or ensuring from such cancellation .

1.1.29 APPROVAL OF SUBCONTRACTOR OR VENDORS: The name of all sub contractors proposed to be employed on execution of work or any

part thereof including manufacture of components shall be submitted by the Contractor to the purchaser and got approved by him before the contractor enters into an agreement with sub-contractor/or vendor for the purpose . The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub-contractor and the purchaser and shall not relieve the contractor of any responsibility under the contract. 1.1.30 RETURN OF UNUTILISED MATERIALS OF THE PURCHASER:Such materials as have

been issued to the contractor but left behind with him UNUTILISED , shall be determined after

reconciliation with the actual quantum of issued vis-à-vis utilized for execution of the work and returned by the contractor to the purchaser’s depot at no extra cost in the same shape and condition of the materials as were issued to the contractor(s). If the contractor fails to return

such materials , the cost of such will be recovered at a rate at twice the book rate or twice the market rate enhanced by 20.38% whichever is higher.

Every effort will be made by the purchaser to supply the materials as listed in part-II at the appropriate time . However suitable extension of time will be granted to the contractor in case of delay for supply of said materials by the purchaser any reason whatsoever and no

claim of compensation from the contractor for such delay by the purchaser will be entertained. NOTE: The contractor shall hand over all empty drums, wooden carats and other

packing materials used for the issue of purchaser’s materials to the purchaser’s

depot.

1.1.31 CARRIAGE OF MATERIALS :

No forwarding orders shall be issued by the purchaser for the transportation of

Contractor’s materials, tools and plant by rail or by road to the work site which may be required for use in the works and the contractor shall pay full freight charges at public tariff /rates there for. No Road permit for contractor’s supply material will be issued by Railways.

1.1.32 PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR :

The erection of all equipments according to the specification will be done by the contractor at his cost. For this purpose, the contractor shall place and keep on the works at all

times efficient and competent representatives to give necessary directions to his workmen and see that they execute their work in sound and proper manner and shall employ only such

supervisors, workmen and labour in or about the execution of any of the works as are careful

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and skilled in their various trades and callings . The said representative shall be present at site during work in hours and any written orders or instructions which the engineer may give to the said representatives of the contractor shall be deemed to have been duly given or communicated

to the contractor. The contractor shall furnish the name and address of his agent or representatives for the

purpose of this clause . The contractor or his agent or representative will accompany the engineer/s on inspection and/or proceed to their offices whenever called upon to do so.

The Contractor shall at once remove from the works any representative, permitted sub-contractor supervisor, workmen or labour who shall be objected to by the engineer and he shall

submit a correct return showing the names of all staff and workmen employed by him . In the event of the engineer being of the opinion that the contractor is not employing on the works a sufficient

number of staff and worker as is necessary for the proper completion of the work within the time prescribed , the contractor shall forthwith on receiving intimation to this effect take on the

additional number of staff and labour specified by the engineer within seven days of being so required .

Failure on the part of the contractor to comply with the above instructions will entitle the purchaser to rescind the contract under clause 1.1.45 i.e. Right of Railway to determine contractor

of the conditions thereof . 1.1.33ACCIDENTS AND DAMAGES TO INSTALLATIONS ETC

The contractor shall be responsible for all repairs and rectification of damage to installations erected or under erection due to accident or any other cause during the course of the contractors

work at site inclusive of the guarantee period at no extra cost to the purchaser.

All costs, damages or expense which the purchaser may incur, for which under the terms of contract, the contractor is liable may be either deducted by the purchaser at his discretion from

any money due or to become due to refundable by the purchaser to the contractor under the contract , or may be recovered by action of law or otherwise from the contractor . The purchaser

reserve the right and shall be entitled to retain payments due to the contractor under this contract and to set off the same against all claims whether arising out of this contractor out of any other transaction whatever with the contractor. 1.1.34 PROVISION OF PAYMENT OF WAGES ACT :

The contractor shall comply with the provision of payment of wages Act 1936 as amended upto date and the rules made thereunder in respect of all employees employed by him in the works,

if in compliance with the terms of the contract , the contractor directly or through the petty contractors or subcontractors shall supply any labour to be used wholly or partly under the direct

orders and control of the engineer whether in connection with the work to be executed here under or otherwise for the purpose of the engineer such labour shall never the less be deemed to be ,

comprise of person employed by the contractor and any money which may ordered to be paid by the engineer on behalf of the contractor and engineer may on failure by the contractor to repay

such moneys due to the contractor in terms of the contractor. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether

under the contract or any other of compensation of aforesaid or for costs of expense in connection with any claim there) and the decision of the engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.

1.1.35WAGES TO LABOUR The contractor shall be responsible to ensure compliance with the provisions of the Minimum

Wages Act, 1948 as modified upto date (therein after referred to as the said act), and the rules made there under in respect of any employees employed by him directly or through petty contractors ,

sub-contractors for the purpose of carrying but this contract. If, in compliance with the terms of the contract , the contractor directly or through petty

contractors or sub-contractor supplies any labour to be used , wholly or partly under the direct orders and control of the purchaser whether in connection with any work being executed by the

contractor or otherwise for the purpose of the purchaser such labour shall for the purpose of this clause shall be deemed to be persons employed by the contractor.

If any money , shall be a result of any claim or application and under the said act be directly to be paid by the purchaser such money shall be deemed to be payable to the

purchaser by the contractor and on failure by the contract or to repay the purchaser and moneys paid by it as aforesaid within seven days after the same shall have been demand the purchaser shall

be entitled to recover the same from any moneys due or accruing to the contractor under this or any other contract with the purchaser.

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1.1.36 POWER OF MODIFICATION TO CONTRACT : The engineer in charge of the execution of the work on behalf of the purchaser shall be

entitled by order in writing to enlarge or extend, diminish or reduce the works or make any

alternations in their design , character , position site quantities , dimensions or in the method of their execution or in the combination and use of materials for the execution or thereof or to order

any additional works to be done or any works not to be done and the contractor will not be entitled to any compensation for any increase/reduction in the quantities of work but will be paid only for

the actual amount of work done and for approved materials supplied against a specific order .

1.1.36.1 Unless otherwise specified in the special conditions of the contract, the accepted variation in quantities for the contract over all would be upto 25 % of the quantity originally contracted .

The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation on the contract value

originally contract..

1.1.36.2 The enlargement , extensions, diminution, reductions, alternations or additions referred to

in clause in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations and obligations as if they

had been originally and therein and be subject to the same conditions stipulations and obligations as if they had been originally and expressly included and provided for in the specifications and

drawings and the amount to be paid therefore shall be calculated in accordance with the accepted schedule of rates, any extra items/ quantities of work failing outside the purview of the provisions

of the sub-clause 1.1.36 above shall be paid for at the rates determined (i.e. rates for the extra items of work of these conditions)

1.1.37 COMPLIANCE TO ENGINEER’S INSTRUCTIONS : The Engineer shall direct the order in which the several parts of the works shall

be executed and contractor shall execute without delay all orders given by the engineer from time to time but the contractor shall not be relieved thereby from responsibility for the due performance

of the works in all respects. Alternations to be authorized. No alternations in or additions to or commission or abandonment of

any part of the works shall be deemed authorized except under instructions from the engineer and the contractor shall be responsible to obtain such instruction in each and every case.

EXTRA WORK: Should works over and above those included in the contract required to be executed at the site the contractor shall have no right to entrust with the execution of such works

which may be carried out by another contractor or contractors or by other means at the options of the purchaser.

Separate contract in connection with works. The purchaser shall have the right to let other contractors in connection with the works the contractor shall afford other contractor reasonable

opportunity for the storage of their materials and the execution of their works and shall properly connect and co-ordinate his works there.

If any part of the contractor work depends for proper execution or result upon the work of another contractor, the contractor shall inspect and accordingly report to the engineer any defects

in such work that render it unsuitably for such proper execution and result . The contractor’s failure so to inspect and report shall constitute acceptance of the other contractor’s work except as

to defects which may have developed in the other contractor’s work after the execution of his work. 1.1.38 ILLEGAL GRATIFICATION : Any bribe, commission, gifts or advantages given, promised or

offered by or on behalf of the contractor or his partner, agent or servant or any one of his or on

their, behalf in relation to the obtaining or the execution of this or any other contract with purchaser shall in addition to any original liability which he may incur , subject to the contractor

to the recession, of the contract and all other contracts with the purchaser and to the payment of any loss or damage resulting from such rescission and the purchaser or damage resulting from such rescission and the purchaser shall be entitled to deduct the amount so payable from any money due to the contract

under the contract or any other contracts with the purchaser. The contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or

indirectly with any employee of the purchaser and if he shall do so the purchaser shall be entitled forthwith to rescind the contracts and all other contracts with the purchaser. Any question or

dispute as to the commission of any offence or compensation payable to the purchaser under this clause shall be settled by the General Manager in such manner as he shall consider fit and

sufficient and his decisi on shall be final and conclusive. 14/32

1.1.39 ADHERENCE TO SPECIFICATION AND DRAWINGS: The whole of the works shall be executed in perfect conformity with

specifications and drawings of the contract . If the contractor performs any work in manner contrary to the specifications or drawings or any of them and without such reference to the

engineer, shall have to bear all the costs arising of ensuring and shall be responsible for the losses to the purchaser . 1.1.40 WORKS BY OTHER AGENCIES:

Any other works undertaken at the same time by the purchaser direct or through some other agency at the same site where the contractor is carrying out his work, will not entitle the contractor to prefer any claim regarding any delays or hindrances he may have to face on this

account . The contractor shall comply with any instruction which may be given to his by the purchaser in order to permit simultaneous execution of his own works and of those undertaken by other contractors or the purchaser without being entitled on this account to any extra charge.

If the purchaser is unable to supply materials to the contractor as specified in the

contract in time, the contractor shall not be entitled to any extra payment on account of such delay in supply, however such delays in supplies will be reasonable ground for extension of completion dates for the works .

1.1.41 All materials will be subjected to inspection and test either by the purchaser or by an agency appointed for this purpose for individual items as below, at the

manufacturer’s work before dispatch and no materials shall be dispatched from the manufacturer’s works until these are inspected and or approved . These materials may also

again be inspected at the contractor’s depot/work site . The purchaser or his representative shall have the right to be present during all stages of manufacture and shall be afforded free of charge all reasonable facilities for inspection and testing so as to satisfy himself/themselves

that the materials are in accordance with specifications, approved drawings and designs. Any reasonable delay in inspection will be a reasonable ground for extension of time for completion of works.

1.1.42 PROVISIONAL ACCEPTANCE :

Immediately after the completion of an installation the contractor will certify and advice the purchaser in writing that the installation is :

Complete . i) Ready for satisfactory regular service and

ii) Ready to be handed over. He will also place at disposal of the purchaser the required staff for inspection, testing and putting it into operation.

The test or test specified in part III will be conducted jointly by the purchaser and contractor as soon as possible after receipt of advise of completion of an installation by the

purchaser from the contractor. After the purchaser is satisfied with the satisfactory working of the installation, he will

issue a “Provision Acceptance Certificate” which would be signed by both the parties. Should the

results of inspection and tests be not satisfactory an extension of time for one month will be

granted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection and

tests will then be carried out after the contractor has attended to the defects and deficiencies . If

these are not satisfactory , the purchaser may proceed at the contractor’s expense by all means

deemed expedient to have the installation made approved drawings and designs.

In such a case or in case of delay in completing the work under this contracts within

the time limit the purchaser reserves the right if he deems it possible to use in a reasonable

manner any part of the installation even if the work is not completely erected. The purchaser

will give to the contractor for this purpose seven days previous notices. The contractor shall

then take at his own expenses all necessary steps to complete the works in

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accordance with the provisions of the contract. In case it becomes impossible to proceed with the above

mentioned taking over tests, for reasons other than for which the contractor is responsible, the provisional

acceptance certificate shall be issued at or within a mutually agreed reasonable period not exceeding six months

after completion of an installation.

NOTE: The issue of provisional acceptance certificate will not be withheld for rectification of minor defects as distinct from rejected equipment, which may not be essential for energisation

and operation of the installation in such cases, only the value of materials and cost of rectification of the minor defects shall be withheld from payments on provisional acceptance

until rectification is completed. 1.1.43 WARRANTY:

The contractor shall warranty satisfactory working of the installation erected by him ,

for a period of twelve months from the date of provisional acceptance of each installation(Para 1.1.42 i.e. provisional acceptance by the purchaser ).

During this period the contractor shall make available an experienced Engineer and

necessary equipment to attend to any defective installation and be responsible for satisfying

himself that the purchaser’s staff follow the prescribed procedure for operation and

maintenance of equipment . The contractors shall bear the cost of all modifications, additions

or substitutions that may be considered necessary due to faulty materials , designs or

workmanship for the satisfactory working of the equipment. The final decision shall rest with

the Sr. Divisional Personnel Officer, S. E. Railway, Adra.

During the period of guarantee the contractor shall be liable for the replacement of

any parts which may be found defective in the equipment whether such equipments be of his

own manufacturer or those of his sub-contractors whether arising from faulty design,

materials, workmanship or negligence in any manner on the part of the contractor provided

always that such defective parts as are not repairable at site are promptly returned to the

contractor if so required by him at site(contractor’s own expenses). The contractor shall bear

the cost of repairs carried out on his behalf by the purchaser at site. In such a case the

contractor shall be informed in advance of the works proposed to be carried out by purchaser.

If it becomes necessary for the contractor to replace or renew any defective portion of the equipment under the clause aforesaid then the provision of the said clause shall also apply to the portions of the equipments so replaced or renewed until the expiration of six months from the date of such replacement or until the end of the above mentioned period of twelve months, whichever is later, such extension shall not apply in case of defects of a minor nature,

the decision of the Sr. Divisional Personnel Officer, S. E. Railway , Adra being final in the matter, if any defects be not remedied within a reasonable time during the aforesaid period the purchaser may proceed to do the work at the contractor’s risk and expense, but without prejudice to any other rights and remedies which the purchaser may have against the contractor in respect of such defects or faults.

The repaired or renewed parts shall be delivered and erected at site free of charges to the purchaser.

Any materials supplied shall also be covered by the provisions of this clause. The liability of the contractor under the guarantee will be limited to re-supply of materials made under clause 1.1.36 such supply shall be effected at the contractor’s depot or in the event of

closure of the depot at the stores depot of the engineer at site covered by the contract. In case of materials supplied by the purchaser under clause 1.1.36 no liability will rest on the contractor for failure on account of defects inherent in such materials . 1.1.44 FINAL ACCEPTANCE:

The final acceptance of the installation shall take effect from the date of expiration

of the period of guarantee as defined in clause 1.1.43 warranty provided the installation previously accepted provisionally are still in good working order .

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If on the other hand the installation is not in good working order at the end of the guarantee period the purchaser may either extend the period of guarantee until, necessary

works are carried out by the contractor or carry out those works or have them carried out successfully on behalf of the contractor and at his expenses . A certificate of final acceptance

shall then be issued under the signature of both the parties – The purchaser and the contractor . 1.1.45 RIGHT TO RAILWAY TO DETERMINE CONTRACT:

1.1.45.1 The purchaser shall be entitled to determine and terminate the contractor at any

time should in the purchaser’s opinion , the cessation of work become necessary owing to

paucity of funds or from any other cause whatsoever in which case the value of approved materials at site and of work done by the contractor will be paid for in full at the rates specified in the contract . Notice in writing from the purchaser of such determination and the reason therefore shall be conclusive evidence thereof.

Should the contract be determined under sub-clause 1.1.45.1 of this clause and the contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the works the purchaser shall admit and consider such claims as he deemed

reasonable and are supported by vouchers to the satisfaction of the engineer. The contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit of advantage which he might have derived from the execution of the works in full but which he might have derived from the execution of the works in full but which he did not derive in consequence of determination of contract . The purchaser’s decision on the necessity and

propriety or such expenditure shall be final and conclusive . 1. Determination of contract owing to default of contractor if the contractor should

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

carryout the contract under the committee or

iii) being a company or corporation go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) 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 provided as terms or

these conditions, or

vi) abandon the contract or vii) persistently disregard the instruction of the engineer or contravene any

provision of the contract

viii) fail to adhere to the agreed programme of work by a margin of 9% of the stipulated period or

ix) fail to remove materials from the site or to pull down and replace work after receiving from the engineer notice to the effect that the said materials or works have been condemned or rejected under clause or

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

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

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

xiii) At any time after the tender relating to the contract has been signed and submitted by the contractor being a partnership firm, admit as one of its partners or employee under it or being an incorporated company elect or nominate or allow to set as one of its director or employees under it in any capacity whatsoever retired Engineer of the gazetted rank or any other retired gazetted officer working before his retirement

whether in the executive or administrative capacity or whether holding any 17/32

personable post or not , in the engineering department of the any of the railway for the time being owned and administered by the President of India before two year from the date of retirement from the said service of such engineer or officer unless such engineer or officers has obtained permission from the President of India or any officer duly authorized by him in his behalf to become a partner or a director or take employment under the contractor , as the case may be OR

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

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

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

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

d) being an incorporated company , a correct information as to whether any of its directors was such a retired engineer or a retired officer or

e) being such a retired engineer or retired officer suppress and not disclose at the time of submitted the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract.

If the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or so seek employment under the

contractor. Then and in any of the said cases, the engineer on behalf of the purchase may serve the contractor with a

notice in writing to that effect and if the contractor does not within 7 days after the delivery to him of such

notice proceed to make good his default in so far as the same is capable of being made good and carry on the

work or comply with such direction as aforesaid to the entire satisfaction of the engineer , the purchaser shall be

entitled after giving 48 hrs notice in writing under the hand of the engineer to rescind the contract as a whole or in

part or parts (as may be specified in such notice).

2. Right of Railways after rescission of contract owing to default of contractor. In the event of any or several of the course referred to clause 1.1.45.3 of these conditions adopted.

i) The contractor shall have no claims to compensation for any loss sustained by him

by eason of his having purchased or procured any materials or entered into any commitments or made advance account of or with a view to the execution of the work , or the performance of the contract and contractor shall not be entitled to recover or

be paid any sum for any work thereof for actually performed under the contract unless and until the engineer shall have certified the performance of such work and

the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified .

ii) The engineer or the engineer’s representative shall be entitled to take possession if any

materials , tools, implements machinery and building on the works or on the property on which these are being or ought to have been executed and to retain and employ the same in the further execution of the works without the contractor being

entitled to any compensation for the use and employment thereof for wear and tear or destruction thereof.

iii) The engineer shall as soon as may be practicable after removal of the contractor fix

and determine expert or by or after reference to the parties or other such investigation or inquiries as he may consider fit to make or institute and shall certify what amount

(if any ) and at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was value of any unused , or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and

certified by the Engineer should be released expeditiously.

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1.1.46 SUPPLY OF SPARE PARTS :

The supply of spare parts, components, standby equipments shall be so regulated that

all the necessary items that have been ordered shall be delivered at site only after the erection of the main equipments but before the testing and commissioning of system. If the spare parts standby equipments are to be supplied in advance, necessary written and specific permission shall be taken from the engineer.

1.1.47 ARBITRATION:

1.1.47.1 In the event of any dispute of difference between the parties hereto as to the construction or operation

of this contract or the respective rights and liabilities of the parties on any matter in question dispute or difference

on any account or as to the withholding by the railways of any certificate to which the contractor may claim to be

entitled to or if the railways fails to make a decision within a reasonable time the n and in any case save the

expected matters referred to in clause 63 of the General Conditions of the contract and standard specification

1976 of S.E.Railway the contractor after 90 days but within 180 days of his presenting his final claim on

disputed matters shall demand in writing that the dispute or difference is to be referred to arbitration .

1.1.47.2 The demand for arbitration shall specify the matters which are in question,

dispute/difference only such disputes and differences in respect of which the demand has been

made shall be referred to arbitration and other matters shall not be included in the reference.

1.1.47.3 If the contractor(s) does/do not prefer his/their specific and final claims in writing within a period of 90 days of receiving the intimation from the government that the final bill is ready for payment he/they will be deemed to

have waived his/their claim(s) and the railway shall be discharged and released of all liabilities under the contract in respect of these claims.

1.1.47.4 All questions, disputes and/or difference arising under or in connection with this contract or in any way attaching or relating to or concerning the erection, meaning or

effect of these conditions or the special conditions of contract (except as to any matter the opinion and/or decision regarding which has been otherwise provided for these conditions or the special conditions of the contract to be final and also except as to any matter regarding

which the contractor has given no claim certificate or such Railway officer (Retired or in service) as shall be appointed to be the arbitrator by the General Manager for the time being

of the South Eastern Railway in his sole and absolute discretion and the decision of such arbitrator shall be final and conclusive under provision of the Indian Arbitration Act 1948 and of the rules thereunder and all statutory modification thereof.

1.1.47.5 If the sole arbitrator appointed under sub-clause(iv) or one both the Arbitrators/appointed under sub-

clause (v) above resigns his appointment or resign their appointments or vacates his office/vacate their office or is

/are unable or unwilling to act for any reason whatsoever or arbitrator/arbitrators to act in his/their place /places

in accordance with the provisions of sub-clause (iv) or sub-clause (v) above as the case may be shall be entitled to

proceed with the reference from the stage at which it was left by the previous arbitrator/arbitrators.

The arbitrator / arbitrators umpire so appointed as the case may be shall give the award on all

matters referred to arbitration indicating therein break up of the sum awarded separately on each individual

item of disputes.

1.1.48 ACCOMMODATION :

The contractor shall make his arrangements for the accommodation of his staff,

materials, tools etc, electricity for the purpose of execution of the work against this contract may be arranged by railway from its sources , if available near the

work site on payment of railway’s specified charges. 1.1.49 LAWS OF INDIA : This contract shall be governed by the laws for the time being in force in the Republic of India.

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1.1.50 DEFAULT AND DELAY : The contractor shall execute the work with due diligence and expedition keeping to the

approved time schedule . Should he refuse or neglect to comply with any reasonable orders given to him in writing by the purchaser’s engineers in connection with the work or contrivance

the provision of the contract or the progress of work lags persistently behind the time schedule due to his neglect , the purchaser shall be at liberty to be given seven days notice in writing to the contractor requiring him to make good the neglect or contravention, complained of or

should the contract fail to comply with the requisition made in the notice within seven days from the receipt thereof, it shall be lawful for the purchase to take the work wholly or in part out of the contractor’s hands without any further reference and get the work or any part

thereof as the case may, completed by other agencies at the expense of the contractor without prejudice to any other right or remedy of the purchaser . 1.1.51 LOSS SUSTAINED DUE TO DEFAULT AND DELAY: a) In the event of any loss to the purchaser on account of execution and/or completion of

the work or any part thereof by agencies other than the contractor, in terms of Para 1.1.50,

the contractor shall be liable to reimburse the loss to the purchaser without prejudice to the other rights and remedies of the purchaser, and the reimbursement in full or in part as the case may be, shall be met , at the option of the purchaser, from out of all or any of the following sources viz.

i) Any amount due and payable to the contractor by the purchaser on any

account whatsoever. ii) The contractor’s security deposit in the hands of the purchaser as far as

Available and iii) Any other assets whatsoever of the contractor.

(b) In the event of reimbursement from out of sources (i) and or (ii) above mentioned, the

purchaser shall have the right of appropriation sue motto. 1.1.52 CORRECTNESS OF WORK AND MATERIALS: a) All designs and drawings submitted by the contractor shall be based on a thorough study and shall be such that the contractor is satisfied about their suitability . The purchaser’s approval will be based on these considerations . Notwithstanding approval

communicated by the purchaser, during the progress of the contract , for designs and drawings prototype samples of components , materials and equipments after inspection and adjustments to installations. The ultimate responsibility for correct design and execution of

work shall rest with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its .

b) If any dimension figured upon a drawing differs from that obtained by sealing the drawings

the figures dimension should be normally taken as correct unless it is prima facie a mistake but all such cases

shall be brought to the notice of the purchaser’s engineers and the discrepancy set right before execution .

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

study and shall be such that the contractor is satisfied about their suitability. The purchaser‘s approval will be based on these considerations. Not withstanding approval communicated by

the purchaser , during the progress of the contract , for designs and drawings, prototype samples of components , materials and equipments after inspection and adjustments to installations, the ultimate responsibility for correct design and execution of work shall rest

with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its.

b) The contractor shall be responsible for and shall bear and pay the costs for any alternation of works arising from any discrepancies , errors or omissions in the designs and drawings have been approved by the purchaser or not . 1.1.54 ADDITIONS AND ALTERATIONS TO ERECTED EQUIPMENTS:

The purchaser may require additional installations or modifications to be carried Out on the works he deems necessary, either during the execution or after a part or whole of the installations coming within the purview of the contract has been put into commercial service.

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In case the prices for such additional works or modifications are not covered by the

Schedule of prices and are such that either partly consider additional prices for such Works

justified , such additional works or modification shall be carried out, only after the

additional prices proposed by the contractor are accepted by the purchaser In case additional

installations or modifications are required to be carried out under this para, the purchaser

shall grant a reasonable extension of time, should this be considered necessary.

1.1.55 CONTRACT LABOUR ACT: The contractor is liable to observe the provisions of contract labour Act and get

himself registered under the concerned labour officer as per provision of the Act. He has to

state the number of labour engaged by him for carrying out the work before signing of

agreement . For any violation of the said Act , the contractor is liable for prosecution by the

Labour Enforcement Officer (Central) under whose jurisdiction the Work is being executed

and the amount of penalty if any , will be deducted from contractor’s final bill on

advise of the labour court.

1.1.56 ISSUE OF TOOLS AND PLANTS TO THE CONTRACTOR: For the purpose of carrying out the work , Railway will not issue any tools and plants.

However, if the executive officer in charge of the work is of the opinion that in the interest of

faster progress of the work, any tools and plants items are to be provided to the contractor, the

same may be provided to the contractor on fulfilling of an indemnity bond and the book value

of the materials will kept deducted from running bills of the contractor till return of the tools

and plants. The determination of book value of the T&P items is as per the Railways book or

the cost of procurement of the item with normal escalation @ 9% per year added to it,

whichever is higher.

1.1.57 TRANSPORTATION: All materials connected with this work whether to be supplied by the railways or the

contractors have to be transported from the railway stores depot to the site by the contractors only. The contractor has also to arrange for transportation of Railway staff and supervisors

connected with the work to the site of work from the Railway station during execution of the work. 1.1.58 Employment of diploma holder/Engineer Graduate :

The contractor shall be required to employ un-employed Electrical Engineering graduate/Diploma holder on monthly salary during execution or works as indicated

below.

Contract Value No. of Engg. Diploma

holder/Graduate holder

Duration

a. Above Rs. 5 Lakhs & upto

Rs. 15 Lakhs

One qualified diploma holder. During the period of currency

of contract.

b. Rs. 15 lakhs and above. One qualified Electrical

Engineer Graduate.

During the period of currency

of contract.

In case, the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs. 900/- for diploma holder and

not exceeding a sum of Rs. 2000/- for Electrical Engineer Graduate for the month of default. The decision of the Engineer-in-Charge as to the period for which the required technical staff was not employed by the contractor as to the reasonableness of amount to be deducted on this account shall be final and binding on the contractor.

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

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CHAPTER-2

CONDITIONS OF PRICES AND PAYMENT TERMS:

1.2.1 SCOPE

This chapter deals with prices to be paid for supply and erection including testing ,

commissioning of various plants/equipments for items of works or for supplies and

other amounts payable in accordance with accepted schedules of prices and rates and

terms and conditions of payment mentioned herein.

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

1.2.2. UNIT PRICES:

1.2.2.1 The rate quoted by the tenderer and accepted by the purchaser shall hold good till the completion of the work and no additional individual claim will be admissible on

account of fluctuation in market rates etc. or due changes in tax structures The rate quoted by the tenderer shall include the cost of materials, all taxes and ED Erection, testing and commissioning including all incidental

1.2.2.2. charges like freight, Transport , loading / unloading, handling of materials, lifting , descent, insurance Coverage or bankers charges, indemnity bond etc.

1.2.2.3 The rate quoted by the tenderer shall include the cost of materials including

all incidental charges mentioned in 1.2.2.2. Above in case specifically

directed by Railway for supply only.

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

1.2.3 EXPLANATORY NOTES :

Explanatory notes for various items of works included in the schedule are given In

Part II of the tender paper. Tenderer should carefully read and include all the Cost

of materials and erection testing and commissioning as clearly explained in the

explanatory notes .

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

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

(ii) Railway will arrange monthly payment at the end of every month . Payment will

be arranged by Sr. Divisional Finance Manager, S.E.Railway, Adra for the bills submitted to Sr. Divisional Personnel Officer/Adra, through Ch. OS(P)/Adra,

subject to following :- i) Execution of indemnity bond on stamp duty in case of any materials taken by

contractor from Railways.

The bills for payment should accompany a copy of penalty imposed ,if any, during the

month for which payment is claimed and clearance certificate from the Sr. DPO/Adra, indicating the successful job completed by tenderer during last month.

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1.2.5 ON ACCOUNT PAYMENT The contractor shall be entitled to be paid from time to time by way of On Account payment only for such works as in the opinion of the Engineer he has executed in the terms of contract. All payments due on the Engineers or the Engineer’s representatives certificates of measurements shall be subject to any deduction which may be made under these presents and shall further be subject to unless otherwise required by clause of these condition , a retention of ten percent by way of security deposits, until the amount of security deposit by way of retained earnest money and such retention shall amount to 10 % of the total value of the contract provided always that the Engineer may be any certificate make any correction or modification in any previous certificate which shall have been issued by him and that the Engineer may withhold any certificate if the works or any part thereof are not being carried out to his satisfaction. (ii) Rounding off amounts :- The total amount due on each certificate shall be rounded of to the nearest rupees i.e sums less than 50 paise shall be omitted and sums of 50 paisa and more upto Rs. 1 will be reckoned as Rs. 1. (iii) On account payment :- Payment not be judicial to final settlement – ‘On account payment’ made to the contractor shall be without prejudice to the final making of the account (except where measurements are specifically noted in the measurement book as final measurement and as such have been signed by the contractor) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred from such accounts nor of any particular quantity of the work having being executed nor of the manner of its execution being satisfactory. (iv) Manner of payment :- Unless otherwise specified payments to the contractor will be made by cheque but no cheque will be issued for an amount less than Rs. 100/-.

1.2.6 FINAL PAYMENT : The final payment will be made through the final bill only after satisfactory completion of the entire

contractual work , satisfactory operation and handing over of the assets to the Railway duly tested and commissioned subject to compliance of the following application:

i) A “No claim” certificate in favour of Railway is issued by the contractor. 1.2.7 PAYMENT OF PRICE VARIATION :

No price variation clause will be applicable. All prices to be quoted shall be firm. 1.2.8 PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES:

The unit prices quoted by the tenderer and accepted by the Railway Administration Shall be firm. Also the purchaser will not be responsible for payment of duties and taxes made by the tenderer under misappropriation of law.

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

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

1.2.11 POST PAYMENT AUDIT:

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

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

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1.2.12.1 MEASUREMENT OF WORK : The contractor shall be paid for the works at the rates in the accepted schedule

of rates and on the measurement taken by the Engineer or the Engineer’s

representative in accordance with the rules prescribed for the purpose of the

Railway:

i) The quantity for items the unit for which it is prevalent ,accepted

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

such intervals as in the opinion of the engineer or his representative shall be proper

having regard to the progress of work . The date and time on which the measurement

are to be made shall be communicated . The contractor who shall be present at the

site and shall sign the results of the measurement which shall also be signed

ii) by the Railway’s Engineer or the Engineer ‘s representative recorded in the official measurement book as an acknowledgement of his acceptance of the accuracy of the measurement .

In the event of failure, on the part of the contractor to attend the

work may be measured in his absence and such measurements

shall not withstanding such absence be binding upon the contractor

whether or not he shall have sign the measurement book ,

provided always that any objection made by him to any

measurement shall be duly investigated and considered in the

manner set out below :-

a) It shall be open to the contractor to take specific objection to any recorded measurement or classification on any ground within 3 days from the date of measurement . Any measurement taken by the Engineer or his representative in the presence of the contractor or in his absence after due notice has been given to him on consequence of the objection made by the contractor , shall be final and binding on the contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and classification of the measurement .

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

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PART-II

SPECIAL CONDITION

1. This contract is governed by General conditions of the contract (GCC) of South

Eastern Railway as amended from time to time .The existing GCC are forming the part of this document. In addition, these special conditions are applicable to this tender. In case of conflict between special condition and GCC, the special condition will prevail. Decision of Sr. DPO shall be final and binding in case of any dispute.

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

3. The tenderer should quote single percentage for the Schedule of work. In case of any variation in figure and words, the lower of the two will be considered.

4. Quoted rates should be firm and inclusive. Price variation is not acceptable. 5. Conditional offers, conditional rebate and incomplete offers will not be

considered and the same are likely to be summarily rejected. 6. Tenderer should give their full address of correspondence including telephone,

fax and name of contact person clearly in their offer. 7. Tenderer in their won interest may inspect site of work before submission of

their offer, in order to assess the difficulties likely to face during the course of execution of work. Any plea in this regard will not be entertained after wards.

8. Quantity of any item may vary during execution of the work as decided by

Sr.DPO/ADA or his authorized representative minus 25% or plus 25% of total value of the work mentioned in acceptance letter as per the following: a) Individual NS items in contract shall be operated with variation of plus or

minus 25 % and payment would be made as per the agreement rate. b) In case of increase in quantity of an individual item by more than 25 % of

the agreement quantity is considered as unavoidable, the same shall be got executed by the floating a fresh tender. If floating a fresh tender is considered not practicable negotiation may be held with the existing contractor for arriving at reasonable rates for additional quantities in excess of 125 % of agreement quantity.

c) 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 item whose original agreement value is less than 1 % of the total original agreement value.

d) As far as SOR items are concerned, the limit of 25 % would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate.

e) Decision of Sr.DPO/ADA regarding minus variation as per the Railway’s requirement will be final and binding on the contractor.

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

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

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

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

13. If there is any item which is not covered by the special conditions of contract or by the terms and conditions mentioned elsewhere in the tender, the terms and

conditions mentioned in the general conditions applicable to works contract of S.E. Railway shall apply. In case there is any condition between special conditions and general conditions of contract, the special conditions of contract shall prevail.

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

subject work. b) List of Plan and machinery available on hand (own) and proposed to be inducted

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

organization for whom executed, approximate value of contract at the time of award,

date of award and date of schedule completion of work. Date of actual start, actual completion and final value of 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: 1) In case of items (c) and (d) above, supportive documents/ certificates from the organization with whom they worked/are working should

enclosed. 2) Certificate from private individuals for whom such works are

executed/being executed should not be accepted.

15) The tender submitted without documentary evidence for fulfillment of eligibility

criteria will not be considered. References to previous deposition of credentials

in any tender will not be accepted and the credentials should be submitted with

each tender separately.

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

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South Eastern Railway

TENDER FORM

To

The President of India,

Acting through the Sr. Divisional Personnel Officer,

South Eastern Railway

Adra.

Sir, Sub: TENDER NO: Sr. DPO/Adra/Hiring Vehicle/10 dtd. 02.11.2010

I/We M/s………………………………………………… have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions.

I/We also agree to keep this tender open for acceptance for a period of …………days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our Earnest Money deposit. I/We offer to do the work at the rates quoted in the attached rate sheet and hereby bind myself /our self to complete the work in 12 months from the date of issue of the letter of acceptance to the tenderer. I/We also hereby agree to abide by the general condition of the contract and standard specification for materials and works laid down by the Railway. [[[[

Earnest money as mentioned below is forwarded herewith.

1. Rs. 3220/- (Rupees Three thousand two hundred and twenty only). 2. Description of vehicle :-

The following particulars of vehicle are submitted

1 Make

2 Registration No.

3 Year of manufacture

4 Owner of the vehicle

The full value of earnest money as deposited shall stand forfeited without prejudice to any other

rights or remedies if

a) I/We do not execute the contract agreement within seven days after receipt of notice issued

by the Railway that such documents are ready or

b) I/We do not commence the work within 10 days after receipt of order to the effect or

c) I/We do not quote the rates for the vehicle.

Until a formal agreement is prepared and executed, accepted of this tender shall constitute a

binding contract between us subject to modifications as may be mutually agreed between us and

indicate the letter of acceptance of my/our offer for this work.

Tenderer’s Address: Signature of Tenderrer/s Date: Signature of witnesses 1. 2.

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FORM 6

INDEMNITY BOND FOR ON ACCOUNT PAYMENTS

We, M/s _________________________ hereby undertake that we hold at _____________

(fill in the name of location) for and on behalf of the president of India acting in the

premises through the Sr. Divisional Personnel Officer, S. E. Railway , Adra ( herein

after referred to as the “Purchaser” and as his property in trust for him all materials

works for which on account payments have been made to us against the contract for

_______vide letter of acceptance of tender No.__________ dated ___________ until such

time the materials/works are duly installed /and communicated or otherwise handed

over to him.

We shall be entirely responsible for the safe custody and protection of the said materials against all risk till they

are duly delivered as installed / and commissioned to the purchaser or as he may direct otherwise and shall

indemnity the purchaser against any loss, damage or deterioration whatsoever in respect of the said materials

while in our possession. The said materials/works shall at all time be open inspection by officer authorized by the

Sr. Divisional Personnel Officer, S. E. Railway , Adra..

Should any loss, damage or deterioration of materials/works occur and refund become

due, the purchaser shall be entitled to recover from us the full cost without prejudice

to any other remedies available to him by deduction from any sum due or any such

which at any time hereafter become due to us under the said or any other contract.

Dated___________day of ______200…

For and on behalf of

M/s________________(contractor)

Signature of witness

Name of witness in

Block letters_________

Address_______________

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TENDER FORM

OFFER LETTER

To The President of India,

Acting through the Sr. Divisional Personnel Officer,

South Eastern Railway

Adra.

1. I/We M/s………………………………………………… have read the various

conditions to tender attached hereto and hereby agree to abide by the said conditions.

I/We also agree to keep this tender open for acceptance for a period of …………days

from the date fixed for opening the same and in default thereof, I/We will be liable for

forfeiture of my/our security deposit. I/We offer to do the works as detailed in the

attached schedule of prices.

2. I/We hereby bind myself /our self to complete the work within the time limits specified in the conditions

of tender. I/We also hereby agree to abide by the general and special conditions of contract and to carry out the

works according to the specifications of materials and work laid down by the Railway for the present contract.

3. I/We hereby declare that I/We possess a copy of the S.E.Railway schedule of labour and materials rate,

revised section 1974, volume (1) and general conditions of contract and standard specification 1994, Volume (2)

corrected upto date have gone through the rates , regulations , for tender and contracts , general conditions,

standard specifications and other particulars embodied therein and have fully understood and abide by them .

4. A sum of Rs……… ………….. (Rupees ………………………………………………….) only vide………………………………………. is hereby forwarded as earnest money . The

full value of the earnest money shall stand forfeited without prejudice to any other rights for remedies if :

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

receipt of notice issued by the Railways that such documents are ready ,

c) I/We do not commence the work within ten days after receipt of order to that effect.

5. Until a formal agreement is prepared and executed acceptance of this tender

shall constitute a binding contract between us subject to modifications as may be

mutually agreed to between us indicated in the letter of acceptance of my/our offer for

this work.

6. I/We enclosed the Income Tax , sales tax clearance certificate or a declaration

to that effect as required under Para 1.1.7 of the tender papers pertaining to me/us

for the year.

Tenderer’s Address: Signature of Tenderrer/s Date:

Signature of witnesses

1.

2.

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SOUTH EASTERN RAILWAY

ADRA DIVISION

RATE SHEET

Name of the work: Hiring of four Wheeler vehicles (Tata Sumo/Bolero/Equivalent) for

PersonnelDepartment of ADRA Division Total cost of tender basic value Rs. 161000/-

Sl.

No.

Description of the works Rate to be quoted by the contractor

Rates in figure Rates in words

1 (Schedule-1)

Lump sum hire charges per month for

Tata Sumo/Bolero/Equivalent

(Sch. Rate : Rs. 10500/- per month)

(Sch. Rate nine thousand nine

hundred fifty per month)

2 (Schedule-II)

Rate per Kilometer running for Tata

Sumo/Bolero/Equivalent)

(Sch. Rate : Rs. 3.50 per KM)

(Sch. Rate Rs. Three point five five

per KM)

NOTE:

1. The tenderer should quote single percentage for the Schedule of work .The tenderer should quote both in

figures and words

2. Conditional Tender will be summarily rejected.

3. Rates should be inclusive of all Taxes and Duties.

4. The Road vehicle will be hired from the date of LOA to 22.12.2012.

5. S.E.Railway, engineering department G.C.C.and standard specification will also be applicable over and above

special conditions.

Signature of the Tenderer (s) with seal

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SOUTH EASTERN RAILWAY

Schedule of Price

Name of work :- Hiring of four Wheeler vehicles(Tata Sumo/Bolero/Equivalent) for

Personnel Department of ADRA Division

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

attached with it)

Sr. No. Description of item Unit

Qty.

(in

month)

Rate in Rs. Total cost

( in Rs. )

1 Fixed charges Month

From

the date

LOA to

22.12.12

10500.00 1,26,000.00

2 Running charges Km 10000 3.50 35000.00

3 Total cost 1,61,000.00

(Rupees One Lakh Sixty One Thousand only)

Sr.DPO/ADRA

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EXPLANATORY NOTES ON SCHEDULE

GENERAL :

1. The tenderer must get himself or his firm registered at Taxi service provider /operator with the department of Custom & Central Excise within one month‘s time from the date of award of the work.

2. The placement of Tata Sumo/Bolero/Equivalent should not be older and the condition of the vehicle should be excellent.

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

4. The vehicle will be hired from the date of LOA to 22.12.2012. The validity of hiring arrangement may further extended at the same rates (except for schedule-II), terms and conditions at the request of the party if the service provided found satisfactory. For schedule-II i.e running charges will be

adjusted on prorata basis based on diesel prices at that time in comparison to diesel prices on date of LOA.

5. In case services of contractor are not satisfactory or the railway does not require the vehicle no more, the contractor may be terminated with one month notice to the contractor.

6. If the vehicle is out of order, and alternative vehicle in good shape should be temporarily made available to the railways falling which a penalty of Rs.1000/- per day will be imposed.

7. The vehicle should be made available to the railway with driver, fuel etc. for 12 hours per day for the hired period. If required the railway also may utilize the vehicle beyond this hours without any extra payment, but that extra hire will be compensated by giving rest.

8. The vehicle will be garaged at Sr.DPO/Adra office or suitable railway premises. The vehicle will run over Adra division or it may also be utilized any places as per requirement of Railway Administration.

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

10. The vehicle will move as per instruction of authorized representative of the railway. 11. In case the vehicle is detained over night at Head Quarter or at outstations, no accommodation will

be provided to the driver by the Railway. 12. The tenderer(s) should submit the details of the vehicle/vehicles. 13. The driver of the vehicle should maintain a Log Book. 14. Driver should have a valid driving license and vehicle should be insured against accident etc. as per

rules and statutory obligations. 15. Payment to the hire charges will be made once in a month in the form of A/c payee Cheque /NEFT

after due verification of log book by the concerned railway official. 16. Tender documents in which tenderers submit tender shall become property of the railway and the

railway shall have no obligation to return the same to the tenderers. 17. The complete responsibility of safe running of vehicle will be of the vehicle owner only. Railway will

not be responsible for any loss, damage of accident to the vehicle/driver. 18. Railway in no case responsible for legal matters arising out of any state or central government laws

in matter of employing the driver by the owner of the vehicle. 19. The tender should be accompanied by the vehicle registration document duly attested. 20. No joint venture will be accepted. 21. The driver should be provided with cell phone for which no extra payment will be made. It is the

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

22. The tender is governed by GCC of railway and it is mandatory to the tenderer to follow the same. 23. The minimum wage rate as stipulated by the state Govt./Central Govt. is to be followed by the

tenderer. 24. In case of vehicles not made available for any day, payment will be made after deducting that

particular day. Calendar months will be treated as a month for purpose of calculation of days. 25. The Rest of four days will be given preferably on Sundays of a month.

Explanatory note on schedule Schedule I & II Item No.1. The rate is inclusive for supply of vehicle on contract basis for the hired period with driver

including all type of repair, cost of lubricant, fuel etc. and also including all taxes, levies, vat etc. and applicable by the State/Central Govt. revised time to time.

Asstt.Personnel Officer(II),

S.E.Railway, Adra.

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