Tender No. AP/S&T/08/2012-2013.
1
N.F. RAILWAY
U
TENDER FORM SOLD TO
M/S, SHRI ………………………………………………………...
VIDE M/R NO. …………………………. DATE ……………………
U
Name of the work Provision of standby Siding Boom at 09 Nos. damage prone LC gates in
APDJ Division.
TENDER NOTICE NO : S&T/APDJ/06/2012-2013
TENDER NO. AP/S&T/08/2012-2013.
Tender value of work
:- Rs. 8,63,118/-
Earnest Money
:- Rs. 17,270/-
Completion Period
:- 120 Days
Cost of Tender Documents
:- Rs. 2,000/-
Date Of dropping
:- 04.10.2012 (15:30 Hrs)
Date Of Opening
:- 05 .10.2012 (15:30Hrs)
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
2
N.F. RAILWAY
Please fill the questionnaire below:
1
Particulars of Earnest Money deposited and its
validity (if otherwise, furnish reasons thereof)
(Ref. Clause No. 1.3)
(a) Whether agreed to comply the terms and
conditions of the tender including technical
specification. If so, furnish certificate (ref. clause
.No. 1.2.7)
(b) If otherwise, furnish non- compliance
statement (ref. clause No. 1.2.7
Complete postal address for communication /
correspondence (including DOT /Mobile Phone
No., if any)
Signature with stamp at every pages of tender
document. (ref. clause No. 1.2.7)
Offer valid up to.
2
3
4
5
6
Class of contractor (i.e. Registered with Railway
or otherwise). Please furnish documentary proof.
Credential and performance record for the last
three years of works carried out, which are
similar to the present work in the tender
document. (ref. Annexure-E)
Whether the firm is OEM of Integrated Passenger
Information System (IPIS) or MOU attached.
(ref. clause No. 1.9(a) (iii)
7
8
8
Document/s in support of financial solvency.
(Solvency certificate from State Bank Of India or
any nationalized bank to be furnished)
9
Constitution of the firm, whether individual,
partnership etc.
Power of Attorney and Partnership deed etc.
10
11
Details of Technical staff with name, designation
and experience to be deployed for this work. (to
be furnished in separate sheet)
12
Details of Tools and Plants available with the
contractor. (to be furnished in separate sheet)
13
Current and valid Income Tax Clearance
Certificate (ITCC) /STCC/ VAT etc. to be
submitted.
14
Special conditions, if any
15
Any other documents, the contractor may like to
submit in support of his credential/scheme.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
3
N.F. RAILWAY
TENDER FORM
(FIRST SHEET)
NAME OF THE WORK :- Provision of standby Siding Boom at 09 Nos. damage prone LC gates in APDJ
Division.
Tender value
:- Rs. 8,63,118/EARNEST MONEY
:- Rs. 17,270/-
TO
The President of India,
Acting through The Divisional Railway Manager ,
Northeast Frontier Railway,
Alipurduar Junction-7736 123.
1.
I/We ----------------------------------------------------------------------------- have carefully read the
tender documents for the aforesaid work and hereby agree to abide by the same.
2.
I/We ------------------------------------------------------------------------------ agree to abide by the
General Conditions of Contract and Standard Specifications of N.F.Rly Engineering Department,1993
edition, with up-to-date amendments , special condition and specifications of the tender documents and to
carry out the work according to the Technical Specifications of the Tender documents and instructions laid
down in the Indian Railway Signal Engineering Manual, 1984 edition, with up to date correction and as per
schedule of dimensions, the rates quoted by me/us, in terms of the provision of the tender documents.
3.
I/We agree to keep this tender open for acceptance for a period of 90 days from the last date fixed
for receipt of Tender.
4.
I/We hereby bind myself/ourselves to complete the work in all respects within
_________________ from the date of issue of “Letter of Acceptance” of my/our Tender by the Railway.
5.(a)
I/We have enclosed the requisite Earnest Money of Rs._______________________ in the form of
________________ in original issued from______________________________________________ in
favour of ___________________________________________________________________ and is valid
up to _____________________________.
5.(b)
I/We enclose herewith Receipt in original from the Chief Cashier, N.F.Railway, Maligaon. Its
particulars are :(I)
(ii)
(iii)
Receipt No.:
Date of deposit :
Amount:
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
4
N.F. RAILWAY
TENDER FORM
(FIRST SHEET Continued)
6.
This Tender is submitted by (a)
me as an individual.
(b)
us as a partnership concern.
(c)
us as a Company incorporated under the Indian Company Law.
7.
(a) We enclose herewith Power of Attorney in favour of Shri____________________
_________________to sign the Tender document on behalf of our partnership concern.
(b)
A certified copy of the partnership deed of our partnership concern is enclosed herewith.
8
(a)
I am not a retired gazetted Officer of Engineering, S&T Department of Indian Railways,
as described in the “Instructions to Tenderers' as a partner, a director or an employee of our
Concern/Company.
9.
Details of such retired Gazetted Officers of Indian Railways as are described in the “Instructions
to Tenderers” and is/are partner(s)/ Director(s) or Employee(s) of our concern/Company are
enclosed.
10.
I/We also enclose herewith
(a)
Proof of capacity, to undertake the work.
(b)
Proposed program and schedule of Executing work.
(c)
Details of our machine, plant, labour and other resources, proposed to be deployed on
the work.
(d)
Income Tax Clearance Certificate as per Annexure- C.
(e)
Declaration Form duly filled in the Annexure-D.
(f)
No Claim Certificate –Annexure-G
NOTE:The tenderer should delete the sub-paras of items, not applicable to him and attest the deletion.
I/We understand that the authority competent to accept the tender does not bind itself to accept this
or any other Tender for the work; nor does the authority undertake to assign the reasons for
declining to consider any particular tender or tenders.
I/We understand that, until formal agreement is executed, the letter of acceptance of this tender, if
issued, shall constitute a binding contract between us subject to modifications as may be mutually
agreed to between us and indicated in the letter of acceptance of my/our offer for this work.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
5
N.F. RAILWAY
(TENDER FORM SECOND SHEET)
INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDER & CONTRACT
1.1 TENDER DOCUMENTS :
The documents forming the complete Tender (which is deemed to be part of the contract) consist of the
following:
a) Tender forms (First and Second Sheet).
b) Special conditions of Tender & Contract.
c) Technical conditions and specifications of Tender.
d) Schedule of Requirements with approximate quantities (enclosed).
e) “Regulations for Tender and contract”, “General condition of contract” of N.F.Railway Edition1998 (although meant for use in connection with Civil Engineering Works, shall also be applicable for
this work) herein after called General Condition of Contract, and “Indian Railway Code for the
Engineering Department (Revised Edition 1999)” with up to-date corrections (not enclosed herewith).
However conditions/provisions in the tender forms (First & Second Sheets) and special conditions of
tender & contract and Technical Specification vide 1.1(a) & (b) above will override any overlapping or
conflicting conditions /provisions given in these documents.
f) Indian Railway Telecommunication Manual with latest corrections (not enclosed herewith).
g) All general and detailed drawings pertaining to this work which will be issued by the Sr.
DSTE/Alipurduar Junction or his representative from time to time with all changes and modifications.
Note: The documents, which are not enclosed herewith, can be seen in the office Sr. DSTE/Alipurduar
Junction/ N.F.Railway, on any working day during office hours.
1.2
SUBMISSION OF TENDER:
1.2.1 Tender must be submitted in the tender document supplied by the Railway, along with other relevant
enclosures in a sealed cover super-scribed “Tender No. AP/S&T/08/2012-2013 of Northeast Frontier
Railway” and must be deposited in the special Box allotted for this purpose in the office of the Sr.
Divisional Signal and Telecom Engineer, N.F. Railway, Alipurduar Jn. CSTE/MLG’s Office (Assam)
& Astt. Signal and Telecom Engineer, N.F. Railway, New Jalpaiguri up to 15.30 hrs. of 04.10.2012 or
sent by Registered Post/ Speed Post to the Sr. DSTE/Alipurduar Junction so as to reach the office not
later than 15.30 hrs of 04.10.12. The Tender box will be sealed at 15-30 hrs of 04.10.12. The tender will
be opened on the next day i.e. on 05.10.12 at 15-30 hrs. If the date of opening happens to be
holiday/bandh, the tender will be opened on the next working day.
1.2.2
1.2.4
Tender documents (non-transferable) can be purchased and submitted through authorised agents of
the tenderer.
Tenders submitted by the tenderers who have not purchased the tender documents themselves or
through their agents, tenders not accompanied by earnest money, tenders from agents without letter
of authority from the Principals will be summarily rejected.
Telex, incomplete or partially filled offer will be summarily rejected.
1.2.5
No rates should be quoted with fraction of rupees.
1.2.3
1.2.6 Tender documents in which tender are submitted by a tenderer shall become the property of
Railway and the railway shall have no obligation to return the same to the tenderer(s).
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
6
N.F. RAILWAY
(Second Sheet Contd.)
1.2.7
The tenderer shall sign and stamp each and every page of the tender documents in token of
his/their having read, understood, agreed and complied the same, and to this effect he shall submit
in writing “I/We hereby confirm that I/We agree to comply all the conditions of this tender”
along with his offer.
In case the tenderer is not able to comply with the provisions of any clause(s) of the tender
document, he shall submit clause wise non-compliance report giving reasons, and to this effect, he
shall submit in writing “I/We hereby confirm that I/We agree to comply all the conditions except
those mentioned in my/our non-compliance statement enclosed, of this tender” along with his
offer.
1.3
EARNEST MONEY:
1.3.1 The tenderer(s) is/are required to deposit with the Chief Cashier/N.F.Railway/Maligaon in favour
of FA&CAO/N.F.RLY a sum of Rs. 17,270/- as Earnest Money, and the receipt obtained thereof
should be enclosed with the tender as a proof of the deposit of the requisite Earnest Money.
1.3.2 The Earnest Money can also be deposited in any of the following forms in favour of
FA&CAO/N.F.RAILWAY/ MALIGAON, in lieu of Cash. In such case the validity / currency (if
applicable) should be at least three months beyond the date of validity of offer. EMD in the form of
Bank Guarantee shall not be accepted.
(i) Deposit Receipt, Pay Order & Demand Draft. These forms of Earnest Money should be either
of the State Bank of India or any other Nationalized Banks. No confirmatory advice from the
Reserve Bank of India will be necessary.
(ii) Deposit Receipt executed by the scheduled banks (other than the State Bank of India and the
Nationalized Bank) approved by the Reserve Bank of India for the purpose. The Railway will not
accept any such deposit receipt without getting in writing the concurrence of the Reserve Bank of
India.
(iii) Deposit Receipt tendered by the scheduled bank, which have not been approved by Reserve
Bank of India for the purpose provided:
a) The bond in question is countersigned by any of the approved bank (including the State Bank of India)
whereby the later undertake full responsibility to indemnify the N.F.Railway in case of default.
Or
b) The bank concerned lodged with the Reserve Bank of India requisite securities, namely cash
deposits of Government securities in respect of the guarantees to be executed or deposit receipts to
be tendered by it.
Apart from the above proviso, prior concurrence of the Reserve Bank of India, in writing should be
necessary before accepting Deposit Receipt under (iii) (a) (b) ibid.
Government securities (stock certificates, bearer bonds, promissory notes, cash certificate etc.)
Will not be accepted.
1.3.3
Tender unaccompanied by the requisite earnest money will be summarily rejected. If the
deposit receipt for earnest money is not in any of the prescribed forms as stipulated in Para 1.3.2
above, the tender will be considered as unaccompanied by requisite earnest money, and hence will
be summarily rejected.
(Second Sheet Contd.)
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
7
N.F. RAILWAY
1.3.4
The tenderer(s) shall hold the offer open for a period of 90 days (ninety days) from the date
fixed for opening the same. It is understood that the tender documents have been sold/issued to the
tenderer in consideration of the stipulation on his part that after submitting his tender he will not
resale from his offer or modify the terms and conditions thereof in a manner not acceptable to the
Chief Signal & Telecom. Engineer/ N.F.Railway/Maligaon/ Guwahati-11. Should the tenderer fail
to observe or comply with the foregoing stipulation the whole amount of Earnest Money shall be
liable to be forfeited by the Railway.
1.3.5
The earnest money will be returned to the unsuccessful tenderer(s) after finalizing the tender and to
the successful tenderer after signing the contract agreement with the Railways. Till then Railway
will not be liable to pay any kind of interest of the earnest money.
1.4
1.4.1
SECURITY DEPOSIT:
The successful Tenderer shall be required to deposit with the Chief Cashier / N.F.Railway /
Maligaon in favour of FA & CAO / N.F.Railway an amount to be determined in terms of clause
No.1.4.3 below, as Security Deposit, and the receipt obtained thereof should be submitted as a
proof before entering into a written contract agreement with the railway, in token for the due
fulfillment of the contract.
The Security Deposit can also be deposited in any of the following forms in favour of FA & CAO /
N. F. Railway / Maligaon, in lieu of cash. In that case, the validity / currency (if applicable) should
be at least three months beyond the Warranty Period (in terms of clause No.20).
1.4.2
1.4.3
The Security deposit will be 5% of the contract value. The rate of recovery will be at the rate of
10% of the bill amount till the full security deposit is recovered. Security deposits will be
recovered only from the running bills of the contract
In case of “Registered” contractor with N.F.RAILWAY, the Security Deposit may be collected by
deduction from running bills of the contractors at the rates mentioned in sub-Para(b) above solely
at the discretion of the competent authority on receipt of written request from the contractor along
with necessary documentary evidence. The total security recovery from the contractor including
the amount of earnest money should not exceed the security amount recoverable at the rates
mentioned above. In this case, the amount of earnest money shall be kept as a part of the Security
Deposit.
1.4.5
Refund of Security Deposit :
The Security Deposit unless forfeited in whole or in part according to terms and conditions, will
be refunded on receipt of a certificate from the Engineer-in-charge concerned to the effect that the
work has been satisfactorily completed in all respects and free maintenance period under warranty
is over as per clause 20 of special conditions of contract and receipt of “No Claim Certificate”
from the contractor duly countersigned by the Engineer-in-charge. The format of “No Claim
Certificate” is enclosed at Annexure-G of Chapter-V. Railway shall not be liable to pay any kind of
interest for the Security Deposit.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
8
N.F. RAILWAY
(Second Sheet Contd.)
1.5
PERFORMANCE GUARANTEE:
(a)
In terms of new clause 16(4) of GCC and in reference against item No.1 of Rly. Board’s letter
No. 2007/CE-I/CT/18.Pt-XII dated 31.12.10. The successful bidder shall have to submit a
Performance Guarantee (PG) with in 30 (Thirty) days from the date of issued of letter of
Acceptance (LOA). Extension of time for submission of PG beyond 30 (Thirty) days and up to
60 days from the date of issue of LOA may be given by the Authority who is competent to sign
the contract agreement. However, a penal interest of 15% per annum shall be charged for the
delay beyond 30 (Thirty) days, i.e. from 31st day after the date of Issue of LOA, In case the
contractor fails to submit the requisite PG even after 60 days from the date of Issue of LOA, the
contract shall be terminated duly forfeiting EMD and other dues, if any payable against that
contract. The failed contractor shall be debarred from participating in re-tender for that work.
The Successful bidder shall submit the performance Guarantee (PG) in any of the following
forms amounting to 5% of the contract value.
i.
A deposit of Cash.
ii.
Irrevocable Bank Guarantee:
iii.
Government Securities including State Loan Bonds of 5% below the market value:
iv.
Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These
forms of
performance Guarantee could be either of the State Bank of India or any of the
Nationalized Banks.
v.
Guarantee Bonds executed or Deposits Receipts tendered by all scheduled Banks:
vi.
A deposit in the post office Savings Bank:
vii.
A deposit in the National savings Certificates:
viii.
Twelve years National Defence Certificates;
ix.
Ten years Defence Deposits;
x.
National Defence Bonds and
xi.
Unit Trust Certificates at 5% below market’ value or at the face value whichever is less.
Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.
Note: The instruments as listed above will also be acceptable for
Guarantees in case of Mobilization Advance.
(b)
(c)
The performance Guarantee shall be submitted by the successful bidder after the letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. 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 P.G. extended to
cover such extended time for completion of work plus 60 days.
(d)
The value of PG to be submitted by the contractor will not change for variation up to 25% (either
increase or decrease). In case during the course of execution, value of the contract increases by
more than 25% of the original contract value, an additional performance Guarantee amounting to
5% (Five percent) for the excess value over the original contract value shall be deposited by the
contractor.
(e)
The 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`. from the contractor.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
9
N.F. RAILWAY
(f)
Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance
Guarantee shall be encashed. The balance work shall be got done independently without 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 or 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.
(g)
The Engineer shall not make a claim under the Performance Guarantee except for amounts to
which the President of India is entitled under the contract (not withstanding and/or with prejudice
to any other provisions in the contract agreement) in the event of:
(i)
Failure by the contactor 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.
(iii)
The contractor 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.
(h)
The Bank Guarantee (BGs) to be submitted by the successful contractors should be sent directly
to the concerned authorities by the issuing Bank under registered Post A.D.
1.6 BRIEF DESCRIPTION OF THE WORK
Provision of standby Siding Boom at 09 Nos. damage prone LC gates in APDJ Division.
1.7
AQUAINTANCE WITH THE WORK:
The tenderer(s) shall inspect the proposed site of work and acquaint himself/themselves with the
site conditions, working hours, type of land, trees or shrubs that he/ they will have to cut, stacking
space for materials, approach roads, pathways available etc. and all relevant items connected with
the execution of the work. No claim shall be entertained from the contractor(s) for making
his/their own arrangements for
approaches/approach road from outside Railway land and
contractor(s) will have to bear entire expenses such as road taxes, payment for right of way etc. to
outsiders and for construction of approaches/ approach roads etc., borrow areas, cost of earths etc.
1.8
Eligibility Criteria:Certificate of previous experience for executing any works under any Govt./Semi Govt. organization.
Other information
(i) Tenderer(s) are required to submit authenticated certificate along with the tenders from
office(s) of Govt or semi Govt/Public sector undertakings under whom the work has been
executed indicating therein the name of the work(s) executed, value of works/payment details
and period during which completed. Such certificates should have signatures and the seal of
office(s). In the absence of such certificates, the tender may not be considered. Certificates from
any Private organizations will not be accepted
(ii) Tenderer(s) are also required to submit banker’s certificate regarding present financial status
of the tender(s) and VAT, NEFT/RTGS & PAN No. Further tenderer(s) should also submit along
with the tender documents.
(iii) List of personnel, organization available in hand and proposed to be engaged for the subject
work.
(iv) List of plants and machinery available on hand (own) and proposed to be inducted (own and
hired to be given separately) for subject work.
All documents being submitted by the tenderer(s) along with their offer shall have to be attested
by the Gazetted Officer’s and self attested by the tenderer.
The tender documents without proper requisite credentials are liable to be rejected.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
10
N.F. RAILWAY
1.8
(b) CONTRACTOR’S CREDENTIALS:
Tenderer(s) who is/are not borne in the approved list of contractors for similar works of Signal &
Telecommunication Department (including Construction Organization) of N.F.Railway must
submit the following documents as proof of their credentials without which his/ their offer is liable
to be rejected.
Certified copies of:
1. Trade License/ Registration certificate from other department of Govt. like DOT/BSNL, MTNL, CPWD
etc.
or
2. SSI Registration certificate
or
3. Memorandum and Articles of association
or
4. Partnership deed
1.9
TENDERER(S) TECHNICAL COMPETANCE AND WORKING CAPACITY :
(a)
All tenderer(s) must submit along with his/their offer the following information as a proof
of his/their capacity to undertake and successfully complete the work tendered for:
(i)
His infrastructure with details of Technical manpower and plants & equipments required to
execute the present work.
(ii)
His ability to supervise the works personally or by competent and duly authorized agents/
employees.
(iii) List of similar works executed during last at least 3 (Three) years & under progress in the proforma
given in Annexure – E enclosed duly supported by copy of certificates/ testimonials issued by the
agencies for whom the work had been or being done. For the purpose of verification, original
certificate or testimonials may be called for, if considered necessary, at any stage by reference to
the contract/order awarding organization, and if it is revealed that the tenderer(s) had submitted
incorrect information to derive undue benefits, his/their tender(s) shall be summarily
rejected on this ground.
1.10
INCOME TAX CLEARANCE CERTIFICATE:
1.10.1 The Tenderer/Tenderer(s) is/are required to produce along with his/their tender two authorised
copies of valid & current Income Tax Clearance Certificate or a sworn affidavit in duplicate duly
countersigned by the Income Tax Officer to the effect that he has/they have no taxable income as
per proforma attached.
1.10.2 Successful tenderer(s) should submit Income Tax Clearance Certificate covering the entire period
of currency of contract as it falls due from time to time, failing which the payment of all dues to
the contractors including security deposit will be withheld.
Tenderer(s) should also submit the information in the Proforma at Annexure-C (enclosed) of
ChapterV.
1.11
PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC.FOR PARTNER(S)/ AGENT(S).
1.11.1 The tenderer shall clearly specify whether the Tender is submitted on his own behalf or on behalf
of partnership concern. If the tender is submitted on behalf of partnership concern he should
submit the certified copy of partnership deed and power of Attorney to sign the tender documents
on behalf of the partnership concern along with the tender. If these documents are not enclosed
along with the tender documents, the tender will be treated as having been submitted by individual
signing the documents. The Railway will not be bound by any power of Attorney granted by the
tenderer or by changes in the composition of the firm made subsequent to the execution of the
contract. It may, however authorised such power of attorney and changes after obtaining proper
legal advice, the cost of which will be chargeable to the contractor. If the tender is on behalf of the
company, it should be signed by a duly authorised person on behalf of the company. Noncompliance with any of the conditions set forth herein above is liable to result in the tender being
rejected.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
11
N.F. RAILWAY
1.11.2 The tenderer whether sole proprietor, a limited company or a partnership firm, if any, want to act
through agents or individual partner/partners should submit along with the tender or at a later
stage a power of attorney duly stamped and authenticated by a Notary public or by a Magistrate in
favour of the specific person(s) whether he/they be partner /partners of the firm or any other
person(s) specifically authorised him/them to sign the agreement, receive money, witness
measurement, sign measurement book, compromise, settle, relinquish any claim or claims
preferred by the firm and sign “No claim certificate” and refer all or any disputed items to
arbitration.
1.12
EMPLOYMENT,PARTNERSHIP,
RAILWAY EMPLOYEE:
SHARE
HOLDER
ETC.
OF
RETIRED
1.12.1 Should tenderer be a retired Engineer of the gazetted rank or any other gazetted officer working
before his retirement whether in the executive or Administrative capacity or whether holding a
personable post or not in the Signal & Telecommunication Engineering Department of any of the
Railway owned and/or administered by the President of India for the time being or should tenderer
being a partnership firm have as one of its partners a retired Signal & Telecommunication
Engineer or a retired Gazetted Officer as aforesaid or should a tenderer being an incorporated
company have any such retired Signal & Telecommunication Engineer or retired gazetted
officer as one of the Directors, or should a tenderer have in his company any retired
Signal & Telecommunication Engineer or retired gazetted officer as aforesaid, the full
information as to the date of retirement of such engineer or gazetted officer from the
said service and, incase where such Signal & Telecommunication Engineer or officer had not
retired from Govt. service at least two years prior to the date of the submission of the tender, as to
whether permission for taking such contract or, if the contractor be a partnership firm or any
incorporated company to become a partner or director as the case may be or to take employment
under the contractor has been obtained by the tenderer or the Signal & Telecommunication
Engineer or the officer or his agent authorised by him in this behalf, shall be clearly stated in
writing at the time of submitting the tender. Tender without the information above referred to or a
statement to the effect that no such retired Signal & Telecommunication Engineer or retired
Gazetted officer is so associated with the tenderer, as the case may be, shall be rejected.
1.12.2 Should a tenderer or contractor being an individual on the list of approved contractor, have
relative employed in Gazetted capacity in any department of the N.F.Railway, or in the case of
partnership firm or company incorporated under the Indian Company Law, should a partner or a
relative of the partner or a shareholder or a relative of a shareholder be employed in gazetted
capacity in any department of the N.F.Railway, the authority inviting tender shall be informed of
the fact at the time of submission of tender failing which the tender may be rejected or if such fact
subsequently comes to light the contract may be rescinded in accordance with the provisions in
clause 62 of the General Condition of Contract.
A declaration form (proforma attached) to this effect at Annexure – D in Chapter V should be
signed and enclosed with the tender.
1.13
ACCEPTANCE/REJECTION OF TENDER(S):
1.13.1 The authority for the acceptance of the tender will rest with Sr. Divisional Signal & Telecom
Engineer / N.F.Railway/ Alipurduar Junction, 736132 who does not bind himself to accept the
lowest or any other tender nor does he undertake to assign reasons for declining to consider any
particular tender or tenders. No tenderer/ tenderer(s) shall demand any explanation of the cause of
rejection of his/their tender. No correspondence will be entertained with the tenderer/tenderer(s) in
respect of the rejection of any or all tenders.
1.13.2 The tender containing erase and/or alterations of the tender documents are liable to be rejected.
Any corrections made by the tenderer(s) in his/their entries must be attested.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
12
N.F. RAILWAY
1.13.3 If a tenderer deliberately gives/tenders wrong information in his/their tender or creates/create
circumstances for the acceptance of his/their tender, the railway reserves the right to reject such
tender at any stage.
1.13.4 If a tenderer expires after the submission of his tender or after the acceptance of his tender, the
railways shall deem such tender as cancelled. If a partner of the firm expires after the submission
of their tender or after the acceptance of their tender the railway shall deem such tender as
cancelled unless the firm retains its character.
1.14
EXECUTION OF CONTRACT AGREEMENT:
The successful tenderer(s) shall be required to execute a contract agreement (herein after called
C.A)with the railway for carrying out the work according to condition of Tender & Contract,
Special Condition of Tender & Contract, Specification of Tender,” General Conditions of
Contract”, edition-1993 of N.F.Railway (which shall also be applicable in this work, although
meant for use in connection with Civil Engineering Works) and Schedule of Works/Requirements
after depositing the required Security Deposit in terms of clause No.1.4 .
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
13
N.F. RAILWAY
CHAPTER-II
SPECIAL CONDITIONS OF TENDER AND CONTRACT
1.0
GENERAL:
1.1
These special conditions of Tender and Contract, the technical conditions & specifications and the
schedule of works of this contract in addition to the General Condition of the Contract, Standard
Specifications for materials and works and the Indian Railway Telecommunication Manual shall
govern the work to be executed.
Where there is any conflict between these specifications and conditions (as mentioned in para.1.1
above) of contract on one hand and General Conditions of Contract of Northeast Frontier Railway
on the other hand, the former shall prevail.
Any special conditions stated by the tenderers in the covering letter submitted along with the
tender shall be deemed to be the part of the contract to such extant only as have explicitly been
accepted by the Railways, and incorporated in the contract agreement.
1.2
1.3
2.0
SECURITY DEPOSIT :
2.1
The Security deposit will be 5% of the contract value. The rate of recovery will be at the rate of
10% of the bill amount till the full security deposit is recovered. Security deposits will be
recovered only from the running bills of the contract.
1.2.1
In case of “Registered” contractor with N.F.RAILWAY, the Security Deposit may be collected by
deduction from running bills of the contractors at the rates mentioned in sub-Para(b) above solely
at the discretion of the competent authority on receipt of written request from the contractor along
with necessary documentary evidence. The total security recovery from the contractor including
the amount of earnest money should not exceed the security amount recoverable at the rates
mentioned above. In this case, the amount of earnest money shall be kept as a part of the Security
Deposit.
3.0
PERFORMANCE GUARANTEE:
a) In terms of new clause 16(4) of GCC and in reference against item No.1 of Rly. Board’s letter
No. 2007/CE-I/CT/18.Pt-XII dated 31.12.10. The successful bidder shall have to submit a
Performance Guarantee (PG) with in 30 (Thirty) days from the date of issued of letter of
Acceptance (LOA). Extension of time for submission of PG beyond 30 (Thirty) days and up to 60
days from the date of issue of LOA may be given by the Authority who is competent to sign the
contract agreement. However, a penal interest of 15% per annum shall be charged for the delay
beyond 30 (Thirty) days, i.e. from 31st day after the date of Issue of LOA, In case the contractor
fails to submit the requisite PG even after 60 days from the date of Issue of LOA, the contract shall
be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed
contractor shall be debarred from participating in re-tender for that work.
b) The Successful bidder shall submit the performance Guarantee (PG) in any of the following
forms amounting to 5% of the contract value.
i.
A deposit of Cash.
ii.
Irrevocable Bank Guarantee:
iii
Government Securities including State Loan Bonds of 5% below the market value:
iv.
Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These
forms of
performance Guarantee could be either of the State Bank of India or any of the
Nationalized Banks.
v.
Guarantee Bonds executed or Deposits Receipts tendered by all scheduled Banks:
vi.
A deposit in the post office Savings Bank:
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
14
N.F. RAILWAY
vii.
viii.
ix.
x.
xi.
A deposit in the National savings Certificates:
Twelve years National Defence Certificates;
Ten years Defence Deposits;
National Defence Bonds and
Unit Trust Certificates at 5% below market’ value or at the face value whichever is less.
Also, FDR in favour of FA&CAO (free from any encumbrance) may be accepted.
Note: The instruments as listed above will also be acceptable for Guarantees in case of
Mobilization Advance.
c) The performance Guarantee shall be submitted by the successful bidder after the letter of
Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. 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 P.G. extended to
cover such extended time for completion of work plus 60 days.
d) The value of PG to be submitted by the contractor will not change for variation up to 25% (either
increase or decrease). In case during the course of execution, value of the contract increases by
more than 25% of the original contract value, an additional performance Guarantee amounting to
5% (Five percent) for the excess value over the original contract value shall be deposited by the
contractor.
e) The 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` from the contractor.
f) Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance
Guarantee shall be encashed. The balance work shall be got done independently without 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 or 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.
g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to
which the President of India is entitled under the contract (not withstanding and/or with prejudice
to any other provisions in the contract agreement) in the event of:
i)
Failure by the contactor 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.
The contractor 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.
iii)
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
15
N.F. RAILWAY
h) The Bank Guarantee (BGs) to be submitted by the successful contractors should be sent directly to
the concerned authorities by the issuing Bank under registered Post A.D.
3.1
Refund of Security Deposit :
The Security Deposit unless forfeited in whole or in part according to terms and conditions, will be
refunded on receipt of a certificate from the Engineer-in-charge concerned to the effect that the
work has been satisfactorily completed in all respects and free maintenance period under warranty
is over as per clause 20 of special conditions of contract and receipt of “No Claim Certificate”
from the contractor duly countersigned by the Engineer-in-charge. The format of “No Claim
Certificate” is enclosed at Annexure-G of Chapter-V. Railway shall not be liable to pay any kind of
interest for the Security Deposit.
3.2
3.2.1
DEFINATIONS AND INTERPRETATIONS :
“Engineer” shall mean the DSTE/ADSTE of the respect Section and shall include the superior
officers of Signal & Telecommunication Department of the N.F.Railway i.e. Sr.Divisional Signal
& Telecommunication Engineer, Alipurduar Junction.
3.2.2
Engineer-in-charge:
The Sr. DSTE of the Division hereinafter called “Engineer-in-charge” will be the in-charge for
execution of this work. However railway reserves the right to change the Engineer in charge at any
stage to any reason whatsoever.
3.2.3
“Supervisor” shall mean any Sr. Section Engineer/Tele or Junior Engineer/Tele authorized by the
Engineer- in-charge.
4.0
SCOPE OF THE WORK :
The scope of the work broadly includes supply of materials and execution of the work as described
in details in the schedule of work/requirements, drawings and technical specifications of the tender,
unless deviations if any, specifically approved by the Railway.
5.0
BRIEF DESCRIPTION OF THE WORK
Provision of standby Siding Boom at 09 Nos. damage prone LC gates in APDJ Division.
6.0
EXECUTION OF THE WORK :
6.1
(a) Within 15 (fifteen) days from receipt of intimation of acceptance of his tender, the contractor
shall submit detailed activity wise programmed for acceptance by the engineer-in-charge in full or
with modification, if considered necessary by the engineer-in-charge.
(b) The contractor shall carry out the execution of the work as per the programme submitted by him
and accepted by the engineer-in-charge. The execution of all works in respect of schedule must be
restricted to one or at the most two sites at a time as it may not be possible for the railway to
provide more than two supervisors for supervision of the contractor’s work at any time.
6.2
The successful tenderer will however have no claim or right in the execution of any work which in
the opinion of Engineer should be carried out departmentally or otherwise and the railway reserves
the right at any time to keep back from the contract and carry out the work or any portion of the
work through any other agency, it may think necessary, without assigning any reason. No claim for
compensation/loss or whatsoever on this account will be entertained by the Railway.
6.3
No work on working installations shall be undertaken without the specific permission of the
Railway representative and without the presence of Railway representative at the site of the work.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
16
N.F. RAILWAY
6.4
The contractor shall be responsible for safe custody of all newly installed equipment including
Railway materials, if any, till such time installation is completed in all respects and is taken over
by the Railway.
6.5
The work during execution shall be subjected to checks and tests at any or all stages. The tests
shall be carried out by the engineer-in-charge or his authorized representative. After taking the test
a list of discrepancies/deficiencies, if any, shall be given to the contractor. The contractor shall be
liable to remedy such discrepancies/ deficiencies as discovered during these tests and make good at
his own cost, within a period of 30 (Thirty) days from the date of testing.
6.6
a) The contractor shall have to arrange adequate tools and measuring equipments for execution of
the work at his own cost.
b) If at any time, any materials or tools which the contractor would normally have to arrange for
himself for executing the work is supplied by the Railway either at the contractor’s request suomoto in order to prevent possible delay in the execution of the work due to contractor’s inability to
make adequate arrangements for the supply thereof or otherwise, such materials or tools may be
made available to the contractor from the Railway stores if available at the discretion of engineerin-charge. All handling thereof will be contractor’s responsibility. Recovery of a consolidated rent
charge @1% (One percent) of book value of materials and/or tools per day (inclusive of holidays,
lost working days and bandh etc.) shall be made from the contractor’s bill for such supply. The
amount decided by the engineer-in-charge shall be binding on the contractor.
6.7
In case of loss or damage caused to materials and/or tools supplied as mentioned above recovery
shall be made from the contractor.
c) If the materials or tools however, not available in Railway stock or Railway decides not to
supply the same, whatsoever be the reason, the railway shall not be bound to arrange for the supply
nor will this fact be accepted as an excuse for delay in the execution of the work.
While executing the work any increase of quantity up to 25% shall in no degree affect the validity
of the contract and shall be performed by the contractor as provided therein and be subject to the
same conditions, stipulations and obligations originally included and approved for in specification
and drawings and the amount to be paid thereof shall be calculated in accordance with the accepted
rates of the schedule.
6.8
a) For completion of the work if any necessity arises for execution of excess quantity of any item
(work as well as supply) beyond 25% of the quantity provided in the schedule of
work/Requirements, the contractor shall notify the engineer-in-charge at least 7 (Seven) days in
advance. The Railway shall have the option to execute such extra work / supply by any other
means and the contractor shall have no claim for loss or damage that may result from such
procedure.
b) The rates for such items increasing beyond 25% shall be decided in terms of clause No. 16.2 (b).
7.0
COMMISSIONING TESTING:
After execution of all the items of the work as per schedule of the work/Requirements the
contractor will offer the entire work for commissioning tests with at least 15 (fifteen) days advance
intimation to the Engineer-in-charge. In case of any faults detected during the said test, the
contractor shall be responsible for localization of fault(s) and rectify of those at his own cost and
then re-offer for testing, till the entire work is finally cleared for acceptance by the Engineer-incharge.
Any special type of Measuring Instruments and accessories required for Commissioning Testing of
the installations are to be arranged and brought at site by the contractor at his cost.
8.0
COMPLETION OF WORK :
After executing the entire work including Commissioning and Testing, the contractor shall give
one week’s notice in writing to the engineer-in-charge to take over the installation. The engineerin-charge shall accept and take over the entire work after satisfying that the work has been
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
17
N.F. RAILWAY
executed properly and all the requirements of Commissioning Tests have been met by the
contractor, then only the work shall be treated as to have been completed by the contractor.
The date of taking over of the entire work as mentioned above, shall be treated as the date of
completion of the work, for all purposes, in this contract.
9.0
10.
COMPLETION PERIOD:
Time is the essence of the contract. The contractor will have to complete the work, as defined in
Clause No. 7.0 above within 120 (One hundred twenty) days from the date of issue of the
letter of acceptance of his tender, unless any extension to the date of completion is granted
subsequently, (period being inclusive of monsoon). If extension to completion period is granted
with imposition of Liquidated Damages, recovery of Liquidated Damage will be made @ 0.5% per
week or part thereof on the total value of the contract in terms of clause on 17(4) of the General
Condition of Contract.
The entire work shall be completed within the stipulated period except for any delays due to :
a)
Non supply of materials by the Railway Administration on demand of contractor.
b)
Decision not given by Railway administration on technical matters referred to by the
contractor.
c)
Hindrance created by any other department.
d)
Disconnection not permitted by Operating Department causing delay to the work.
e)
Demarcation not given in time on demand.
f)
Power failure and power cuts.
g)
Due to any force de majored clause mentioned in the time limitation.
Provided the delay in completion of works which is attributed by the contractor to the
Railway’s causes mentioned above should be advised in writing to the Railway Engineer
immediately by the contractor for rectification/investigation. If such advice in writing is
not given the delay will not be accepted by the Railway and no extension will be granted
on this account.
TIME LIMITATION:
(a) Subject to any requirement in the contract as to execution of any portion or portions of the work
before completion of the whole, the contractor shall fully and finally complete the whole of the
work comprised in the contract by the date entered in the contract, provided that if any
modifications have been ordered which, in the opinion of the railway engineer have materially
increased the magnitude of the work, then such extension of the contract date of completion may
be granted as shall appear to the Railway Engineer to be reasonable in the circumstances, provided
moreover that the contractor shall be responsible for requesting such extension of the date as he
may consider necessary as soon as cause thereof shall arise and in any case not less than one month
before expiry of the original date fixed for completion of the work.
(b)
In all cases where extension of the contract date of completion is required the contractor
shall have to make normal request in writing to the Engineer-in-charge of the work who shall then
promptly forward such request to the competent authority with his clear and complete comments,
recommendation and any other information as necessary for obtaining final decision by the
competent authority.
11.
INSPECTION OF THE MATERIALS TO BE SUPPLIED BY THE CONTRACTOR:
1. (a) If any material is found by the Engineer-in-charge to be not as per the specification or not in
proper condition the same is to be replaced by the contractor within 15(Fifteen) days free of cost.
For this the Engineer-in-charge’s decision is final and binding on the contractor.
(b) Contractor shall produce the materials as mentioned in the tender schedule of work at
Sr.Section Engineer/Tele/APDJ office for inspection and then carry those to the respective site at
his own cost.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
18
N.F. RAILWAY
c) Contractor shall produce all other related materials excepting those mentioned in clause
No.11.(ii).(b) above required for the work at site at his own cost for inspection by the authorized
representative of engineer-in-charge.
(d) All the materials inspected and passed vide clause No. 11.(ii).(b) and (c) above shall be marked
suitably by the inspecting official and are to be kept under contractor’s custody which will be used
for execution only in presence of railway supervisor at site. However, railway reserve the right to
reject any material, if found spoiled/damaged during execution, for which the contractor shall
replace at his cost within 30 (thirty) days of detection.
(e) Any material rejected by the inspecting official due to not being as per the specification or not
in proper condition, the same is to be removed by the contractor within 3 (Three) days at his cost.
For this the decision of inspecting official shall be final and binding on the contractor.
.
12.
INSPECTION OF WORKS:
Field Book and Order Book in terms of Paras.1122E and 1123E respectively of the Engineering
Code shall be maintained at the site of the work by Railway. In the Field Book, the date of
inspection and particulars of any special features, incorrect practice(s) and deficiencies observed in
the work being executed and/or mate rails supplied by the contractor shall be recorded by the
Engineer or his executive subordinates. It will be the
Responsibility of the contractor to rectify the deficiencies observed (if any) at his own cost and
also to prevent any recurrence. Complaints, deficiencies if any, pointed out by the contractor or his
representative shall also be recorded in this book.
In the Order Book, all instructions issued by the engineer or the supervisor to the contractor or his
representative as the case may be, shall be entered. The contractor(s) or his/their representative at
the site shall acknowledge such instructions whatever asked upon to do and take action
accordingly.
14.0
REPRESENTATION ON WORKS :
The contractor(s) shall nominate in writing his representative(s) on the works who will be
authorised to receive and acknowledge materials issued by the Railway if any and take all orders
issued by the inspecting official of the Railway, as mentioned in clause No. 11 above before
commencement of execution of work at site, with intimation to the engineer-in-charge well in
advance. Contractor shall also ensure that at least one nominated representative remains available
at site during execution of work
14.0
SUPPLY OF MATERIALS: -
14.1
All materials as per schedule of work.
14.2
(a) The contractor shall take delivery of materials to be supplied by the Railway at APDJ
Go-down of Sr.Section Engineer/SIG/APDJ and make his own arrangement for transportation of
the materials to the site at his own cost. The contractor shall be responsible for checking before
taking delivery that the materials given to him are all in good condition. Any replacement required
for defective or broken parts have to be requisitioned and obtained by the contractor from the
Railway stores depot at APDJ of Sr.Section Engineer/SIG/APDJ, after returning the defective or
broken equipment provided the Engineer is satisfied that such breakage or defects etc. is not due to
negligence etc. of the contractor or his representatives.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
19
N.F. RAILWAY
(b) Issue of materials for execution of work : All the materials (Railway materials as well as
those to be supplied by the contractor and duly accepted by the Railway.) shall be handed over to
the contractor at any time for execution of the work shall depend upon the progress and item of the
work to be executed. The contractor shall furnish a “INDEMNITY BOND” for a sum equal to the
cost of materials proposed to be taken by him. The quantity of materials shall be given by the
railway at any time shall not exceed the value of the “INDEMNITY BOND” furnished by
contractor.
14.3
The materials issued by the Railway shall be used solely and economically for the purpose of the
works covered under this contract only. The materials shall be used in such quantity and manner as
are indicated in the schedule or in the relevant specifications or drawings as approved by the
Engineer whose decision thereon shall be final. Wastage and damage to such materials in any
manner shall not be caused by the contractor.
14.4
The contractor shall be liable to render full accountable for the materials issued by the Railway. If
the quantity of the Railway materials is consumed in excess or wasted or damaged or lost or
otherwise not satisfactorily accounted for, recovery shall be made from the contractor at twice the
assessed rate of materials, prevailing at the time of last issue of the materials, if necessary by
encashing the “INDEMNITY BOND” mentioned in Clause No. 14.2(b). The assessed rate will be
calculated by escalating the N.F.Rly’s last purchase rate at the rate of 12% (Twelve percent)
cumulative per year or part there of. Materials consumed in excess or wasted or damaged or lost or
unsatisfactorily accounted for shall be similarly charged to the contractor at the above rate.
15.
RETURN OF RAILWAY MATERIALS.
The contractor has to return at his cost any cut pieces of wires / cables etc. that may be left out and
any surplus materials from the work and other packing materials that might have been handed over
to him. These shall be handed over to Senior Section Engineer/ SIG/ APDJ/ N.F.Railway The
contractor shall take proper written acknowledgement from the representative of the engineer-incharge for all the materials returned by him.
16.0
16.1
RATES FOR ITEMS :
The rate quoted by the contractor in the schedule shall be inclusive of all taxes and charges for
labour, transportation, plants and equipments, tools, fuel and consumable (if any) etc. including
inspection charges of RITES/RDSO which shall be borne by contractor. No price escalation of the
rate(s) shall ordinarily apply under this contractor. However, tenderer(s), wishing to quote with
any price variation condition, shall furnish clearly and unambiguously the formula for the same,
subject to acceptance of the railway, without which his (their) offer is liable to be rejected.
The tenderer has to quote one single offer per tender and should not quote multiple offers within
one tender. Also there should be one single offer per item and no alternative should be quoted.
Multiple offers within one tender will not be accepted and the tender will be rejected.
16.2
In terms of new clause 42(4) of GCC and in reference against item No.9 of Rly Board’s letter No.
2007/CE-I/CT/18 dated 28.09.07 and item No. 2 to letter No. 2007/CE-I/CT/18. Pt’XII dated
31.12.10. The procedure details below shall be adopted for dealing with variations in quantities
during execution of works contracts:
Individual NS items in contracts shall be operated with variation of plus or minus 25% and
payment would be made as per the agreement rate. For this, no finance concurrence would be
required.
In case an increase in quantities of an individual item by more than 25% of the agreement quantity
is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a
fresh tender for operating that item is considered not practicable, quantity of that item may be
operated in excess of 125% of the agreement quantity subject to the following conditions:
Operation of an item by more than 125% of the agreement quantity needs the approval of an
officer of the rank not less than S.A grade.
1.
2.
(a)
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
20
N.F. RAILWAY
(i)
(ii)
(iii)
Quantities operated in excess of 125% but upto 140% of the agreement quantity of the
concerned item, shall be paid at 98% of the rate awarded for that item in that particular
tender.
Quantities operated in excess of 140% but upto 150% of the agreement quantity of the
concerned item shall be paid at 96% of the rate awarded for that item in the particular
tender.
Variation in quantities of individual items beyond 150% will be prohibited and would be
permitted only in exceptional unavoidable circumstances with the concurrence of
associate finance and shall be paid at 96% of the rate awarded for that item in the
particular tender.
(b)
The variation in quantities as per the above formula will apply only to the individual items of the
contract and not on the overall contract value.
(c)
Execution of quantities beyond 150% of the overall agreemental value should not be permitted
and, if found necessary, should be only through fresh tenders or by negotiating with existing
contractor, with prior personal concurrence of FA & CAO/FA&CAO© and approval of General
Manager.
3.
In cases where decrease is involved during execution of contract :
(a)
The contract signing authority can decrease the items upto 25% of individual item without
finance concurrence.
(b)
For decrease beyond 25% for individual items or 25% of contract agreement value, the
approval of an officer not less than rank of S.A Grade may be taken, after obtaining ‘No
Claim Certificate’ from the contractor and with finance concurrence, giving detailed
reasons for each such decrease in the quantities.
(c)
It should be certified that the work proposed to be reduced will not be required in
the same work.
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 on item whose original
agreement value is less that 1% of the total original agreement value.
4.
5.
No such quantity variation limit shall apply for foundation items.
6.
As far as SOR items are concerned, the limit of 25% would apply to the value of 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 (single percentage rate
or individual item rate).
For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by
the authority in whose powers revised value of the agreement lies.
7.
8.
For tenders accepted by General Manager, variations up to 125% of the original agreement value
may be accepted by General Manager.
9.
For tenders accepted by Board Members and Railway Ministers variations up to 110% of the
original agreement value may be accepted by General Manager.
10.
The aspect of vitiation of tender with respect to variation in quantities should be checked and
avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract
agreement), sanction of the competent authority as per single tender should be obtained.
16.3
In the event of any reduction in the quantity to be supplied or work to be executed for any reasons
whatsoever the contractor shall not be entitled to any compensation but shall be paid only for the
actual amount of work done or quantity of supply made in accordance with the accepted rate of the
schedule.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
21
N.F. RAILWAY
16.4
16.5
17
(a)
(b)
c)
(d)
18.
Supply of materials and works not covered by the schedule of work/Requirements but necessary
for completion of the work as per approved plan will be executed by the contractor, for which
contractor will quote separately.
Site facilities: The rates should be deemed to include charges for any and all site facilities that are
considered necessary for the execution of the work unless otherwise indicated in the contract. In
this connection, specific attention is drawn to stipulations in clause 37 of the General Condition of
the Contract.
MEASUREMENTS & PAYMENT FOR WORKS:
In terms of clause No. 45 of General Condition of Contract measurements of the work in progress
shall be taken and recorded in the prescribed official Measurement Book from time to time and at
such intervals as in the opinion of the engineer-in-charge shall be proper having regard to the
progress of the work. The contractor shall be present at the site and shall sign the results of the
measurements (which shall also be signed by the engineer-in-charge or his authorized
representative) recorded in the aforesaid measurement book as an acknowledgement of his
acceptance of the accuracy of the measurements.
The contractor shall be entitled to be paid from time to time by way of “On account Payments” as
per clause 46 of General Condition of Contract, at the rate in the accepted schedule of rates only
for the items of the schedule of works except for supply of materials as in the opinion of the
Engineer-in-charge he has executed in terms of the contract.
The contractor shall be entitled to be paid from time to time by way of “On Account Payments” as
per clause No. 46 of General Condition of Contract up to the extent of 90% (ninety percent) of the
rate in the accepted schedule of rates only for supply of materials against the quantity supplied by
him in terms of the contract. The balance 10% (ten percent) against the same shall be made after
completion of the work as defined in clause No. 7.0 at the time of making final payment. These
materials shall be handed over to the representative of Engineer-in-charge.
The contractor shall be paid the final payment in terms of the clause No. 51 of the General
Condition of Contract.
DEDUCTION OF INCOME TAX:
The Railway shall at the time of arranging payment to the contractor be entitled to deduct Income
Tax on the gross amount of each bill, at specified rate decided by Railway Board from time to time
(at present the rate is 2% with surcharge of 10% on 2%). An education Cess charge will also be
deducted from the contractors bills at specified rate decided by Railway Board, time to time (at
present cess charge is 3% on the sum of Income Tax and surcharge). An Income Tax Deduction
Certificate can be issued to the firm on demand and the final settlement of Income Tax should be
made with concerned income tax authority.
19.
DEDUCTION OF VALUE ADDED TAX:
Under sub-section (1) of section 40 of the West Bengal Value Added Tax Act 2005, providing
deduction of the value added tax at source from comprised payment made to the Contractor for
carrying out works by the N.F.Railway Administration. In view of the above, Railway
Administration decided to deduct the Value Added Tax from each running bill and deposit the
same in treasury of Respective Governments and any adjustment of deduction to be made on final
bill. The % (Percentage) of deduction will vary as per the directive of the State Govt. At present
the flat rate is 2% (Two percent) when the contractor is registered under the VAT Act and such
registration is valid on the date of making such payment. The VAT will be 4% for all other cases.
20.
ATTENDING DEFFECTS WITHIN FREE MAINTENANCE PERIOD UNDER WARRANTY:
The contractor shall be bound to rectify any defects and/or short-comings that may arise in the
work executed for a period of One year after completion and taking over of the installation by the
Railway (as defined in clause No.7.0) free of cost at site. The aforesaid maintenance period of one
year shall be reckoned from the date of taking over the work by the Railway, excluding day(s) that
will elapse, from the date of sending the intimation by the Railway, to the Contractor (at his last
known address) up to the date of completion of rectification. Should any dispute arise as to the
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
22
N.F. RAILWAY
correctness of the defects pointed out, the decision of Engineer-in-charge in this regard shall be
final and binding. The necessary disconnection of working circuits / equipments (if any) for
carrying out rectification shall be arranged by the Engineer-in-charge and such work shall be done
only in presence of his authorised representative.
After completion of such rectification works, all the circuits and equipments shall be tested and
checked thoroughly by authorised representative of the Engineer-in-charge before reintroduction of
normal working.
21
ENGAGEMENT OF QUALIFIED TECHNICAL STAFF:
If the total cost of the tenderers offer is Rs. 10 lakhs or more, the tenderers shall also give
declaration along with his/their tender to the effect that he/they shall engage and continue to in
service for the period of contract 2 fresh mechanical/Electrical engineering diploma holders. If they
are without experience of any kind they will be taken under training by the contractor on stipend
basis @ of not less than Rs. 150 per month for a period of six month. Those who have gained
experience and have completed the period of six months will there after be paid as under. Electrical
/ Mechanical Engineer (Graduate Engineer) not exceeding a sum of Rs.5000/- per month for the
entire duration of the contract period (this is applicable for the cost of the work to be executed is
Rs.15 lakhs and above) Electrical/Mechanical Engineer for diploma holder not exceeding a sum
of Rs. 3000/- per month of the entire duration of the contract period. Contract period (this is
applicable for the cost of the work to be executed is than Rs. 5 lakhs, but less than 15 lakhs). No
one of the engineer should be related to the tenderers if the tenderers fails / fail to give the above
declaration his/their tenderers will be ignored. In case it is subsequently discovered that the
declaration as aforesaid is in any way incorrect or the information furnished therein is wrong, the
administration reserves the right to resign the contract and to take action in accordance clause 62 of
the GCC.
22.
ARBITRATION:
(a) All disputes to difference of any kind whatsoever arising out of or in connection with the
contract whether during the progress of the work or after the completion and whether before or
after the determination of the contract shall be referred by the contractor to the Railway and the
Railway shall within a reasonable time after their presentation make and notify decisions thereon
in writing. The decision direction and certificates with respect to any matters/decision of which is
specially provided for by these conditions given and made by the Railway, which matter are
referred to hereinafter an “Excepted Matters” shall be final and binding upon the contractor and
shall not be set aside or attempted to be set aside on account of any informality, omission, delay or
error in preceding kin or about the same or any other ground or any other reason and shall be
without appeal.
(b) If the contractor is dissatisfied with the decision of the Railway, on any matter in question,
dispute or difference or any account or as to the withholding by the Railway of any certificates to
which the contractor may claim to be entitled to or the Railway fails to make a decision within a
reasonable time, then in any such case but except in any of the “Excepted Matters” referred in
Para 21 of these conditions, the contractor shall within 10 days of the receipt of the
communications of such decision or after the expiry of the reasonable time as the case may be,
demand in writing that such matters in question dispute or difference be referred to arbitration.
(c) All the arbitration matters referred in Para 21 above shall be guided by the rules No.62 and 63
of Regulation for Tender Contracts, General Condition of Contract and Standard Specification
Book,1993 edition issued by Chief Engineer, N.F.Railway.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
23
N.F. RAILWAY
23.
SOURCES FROM WHERE SPECIFICATION & DRAWINGS CAN BE PURCHASED:
Description
Available from
(i)
N.F.Railway’s drawing
Sr.DSTE’s Office / N.F.Railway/
Alipurduar Junction
(ii)
I.R.S.Drawing’s and
Specifications.
(iii)
British Specification
and Indian Standard
Specifications.
Controller of Publications,
Govt. Of India, Civil Lines, /
Delhi-110 054.
Or
Govt. of India,
Book Depot, 8, Hastings Street,
Calcutta.
Director General, Bureau of Indian Standard,
Manak Bhawan, 9,Bahadur Shah
Zafer Marg, New Delhi.
(iv)
R.D.S.O.’s Drawings
R.D.S.O.
Manak Nagar, Lucknow – 226 011.
24.
LABOUR LAWS ETC.
The contractor shall abide by all the provisions of Labour Law, Minimum Wages Act and other
relevant rules and regulation of Central and State Govt.
The maximum total numbers of contract labour estimated to be engaged by the contractor at any
day for this work should be intimated to the Engineer-in-charge before commencement of the
work.
25.0
25.1
SAFETY PROVISIONS OF CARRYING OUT WORKST:
Protection to works: The contractor shall take all precautionary measures in order to ensure
protection of his own personnel moving about or working on the railway premises, and shall have
to confirm to the rules and regulations of the N.F.Rly. As and when, while the work under the
contract is in progress, there is likely to be any danger to the persons employed by the contractor
due to running traffic or while working on railway premises, the contractor shall apply in writing to
the railway to provide flagmen and look out man for protection. The railway will however, decide
as to whether it is necessary to post such flagmen and look-out men for various types of works and
also the number of such man required to protect the contractor’s staff working at site. The flagmen
and lookout man will be railway servants and no expenses on this account will be recovered from
the contractor.
25.2
The contractor should abide by all the railway regulations and also ensure that the same are
followed by his representatives’ agents, servants or sub-contractor or workman. He is, therefore,
bound under these clauses to give notice to them about the provisions of this clause and the
consequent liabilities of the contractor under the agreement.
25.3
Within the station, especially on passenger platform, the contractor shall ensure sufficient free
spaces for movement of passenger traffic. He must cover the excavations carried out in such areas
with a view to avoid any accident.
25.4
The work must be carried out most carefully in such a way that they do not hinder the railway
operation except as agreed to by the Railway.
25.5
The contractor’s employees and workers shall not, for any reason, operate any appliances and
installations of the railway concerning the safety of train movements, but they should whenever
necessary, notify to the qualified railway staff who will then take necessary steps.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
24
N.F. RAILWAY
25.6
The contractor shall abide by the Indian Electricity Act and the Indian Electricity Rules as
amended from time to time.
25.7
(a) Suitable ladder for climbing the posts, and slings for supporting men on the post shall be used.
Ropes required shall be used for erection of the posts. The size of the rope shall be adequate. The
contractor shall take necessary precautions for working near the power lines. If any time the
railways find the safety arrangement is inadequate or insufficient, the contractor shall take
immediate corrective action as directed by the railway’s representative at site. Any direction in the
matter shall in no way absolve the contractor of his sole responsibility to adopt safe working
method.
(b)Necessary personnel safety equipments as considered adequate by the engineer-in-charge should
be kept available for the use of the persons employed on the site and maintained in a condition
suitable for immediate use, and the contractor should take adequate steps to ensure proper use of
equipments by those concerned.
(c) Suitable face masks should be supplied by the contractor for use by the workers when paint is
applied in the form of spray.
No vehicle will normally be permitted to ply adjacent to the running lines. The contractor will be
responsible for the safety of hired trucks and men etc. working at the site. He will also be
responsible for any damage caused to the railway property, staff and passengers / vehicles having
been allowed to ply on the Bank. In case of an accident of any nature, the contractor will
indemnify for any losses caused by him as a result of the accident.
26.
STEPS
TAKEN IN
INSTALLATIONST :
ORDER
TO
AVOID
DAMAGES
TO
RAILWAY
The contractor shall see that no damage is caused to railway signaling and transmission wireless
station installation, communication lines and cable electric devices, trains of any kind, fencing as
well as any rolling stock and in general to any railway installation and equipment. If any damages
is caused to or suffered by any railway property or as an consequence of the acts or unlawful
omissions of the contractor, its employees and workmen or other persons connected with it, the
necessary repairs or replacements shall be effected by the railway at the risk and cost of the
contractor. The said expenses shall be recovered from the moneys due and payable to the
contractor or by other appropriate proceeding.
27.0
CONTRACTOR’S LIABILITY, COSTS, DAMAGES ETC. :
27.1
All costs, damages and expenses which the railway may incur or suffer and which are recoverable
from the contractor under terms of this contract of the relevant law may at the discretion of the
railway, be recovered by deducting the requisite amounts from any money due and payable or
refundable to the contractor on any account whatsoever or by legal proceedings.
27.2
The railway also reserves 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 contract or
out of any other transaction whatsoever against the contractor. In exercising this right the railway
shall not act unreasonably.
27.3
In the event of any breach of the aforesaid conditions the contractor shall, in addition to throwing
himself open to action for contravention of terms of the agreement and/or for criminal breach of
trust, be liable to account to Govt. for all moneys. Advantages or profits resulting or which in the
usual course would have resulted by reason of such breach.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
25
N.F. RAILWAY
28.0
SAFE CUSTODY OF MATERIALS :
28.1
Security of all materials at the site where the work is in progress, and not handed over to the
railway, shall be the contractor’s responsibility and he shall arrange to guard the same from thefts
by outsiders or his laborers at his cost. The cost of stores lost when under the custody of the
contractor will be released with the help of “INDEMNITY BOND, mentioned in clause No.
14.2(b).
28.2
Till such time the work is completed and taken over by the Railway, custody of the materials used
shall be the responsibility of the contractor, at his cost.
29.0
PRECAUTIONS TO BE TAKEN DURING EXECUTION OF THE WORK:
29.1
(a)
(b)
Clearance as prescribed under the schedule of dimensions to ensure safety shall
be complied with at all times during execution of work to avoid hazards to moving trains.
The contractor has to pay to Railway for any loss caused due to his neglect in this regard.
The contractor/his representative should be careful to avoid interruption of exiting circuits
of the alignment. If any circuit is interrupted or made out of order the same to be restored
immediately at his own initiative and expenditure.
(c)
When the work is required to be done along or near the existing railway track, the
contractor(s) shall take such steps as are necessary for the safety of the track and labour
working at site. He/they will also be required to programmed his working so as not to
interfere with the movement of trains. No extra payment shall be allowed for these
precautions. It should be ensured that ballast of the track is not spoiled or mixed with
earth. The work shall be carried out under the supervision of an authorised representative
of the Railway. Tender
(d)
The contractor shall be fully responsible for any damage or trespass caused by his men to
any surrounding structure. Railway bears no liability whatsoever on this account.
(e)
When crossing of track by cable / wires transmission/overhead wires is involved, no work
shall be undertaken without the specific permission of Railway’s authorised representative
and the contractor shall not resort to any method for crossing the track which will endanger
the safety of trains while doing the work.
(f)
No work shall be carried out by the contractor or his representative on any working gear,
unless permission for disconnection of the gear has been obtained by Signal & Telecom.
Staff of the railway who is authorised in this regard and deputed for this purpose.
(g)
No work shall be carried out by the contractor on a particular system or gear which is
under test by the engineer and his representative, as the same may affect the test results
adversely and/or cause hazard to staff/traveling public.
(h)
Crossing H.T.Line: Contractor shall ensure the safety arrangement for his staff from the
probable danger due to vicinity of underground H.T.Electric Transmission line while
excavating the soil for cable route under consideration.
(i)
Execution of the work on Bridges: For execution of the work on bridges, culverts etc.
where the alignment is passing over the railway bridges or road bridges, arrangement shall
be made by the contractor for providing sufficient scaffoldings and hangers to facilitate the
working on cable route without endangering safety of contractor’s labour.
(j)
Crossing the road/rail track:
When the cable route is crossing the road/rail track,
precaution shall be taken by the contractor to ensure that while laying cable at such
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
26
N.F. RAILWAY
road/rail crossing, the contractor shall not leave cable or any other materials midway on
the road/rail traffic as well as endangering the safety of his labourers.
(k)
STORAGE OF INFLAMABLE ARTICLES: Inflammable materials such as petrol, oil
spirit etc. shall be stored separately from other materials and all the precautions as required
under the Indian Explosive Act or any other act shall be taken by the contractor(s) to
prevent any fire etc. at his cost.
30.
NIGHT WORK: Contractor will have to carry out the work during day time ensuring that none of
the statutory laws are infringed. However the provision in clause 23 of the general condition of
contract should be noted regarding execution of work between sun-set and sun-rise. If the railway,
however, is satisfied that the work is not likely to be completed in time except by resorting to
night work, by special order the contractor would be required to carry out the work even at night,
without conferring any right on the contractor for claiming extra payment for introducing night
work.
31.
ELECTRIC SUPPLY: The contractor(s) should make his/their own arrangement for arranging
electric supply as may be required for the work. The railway may however, assist in recommending
his/their application to the electricity authority for the power supply.
32.
RAILWAY PASSES: No railway free passes will be issued to the contractor or his workmen for
travel by train. However, identification letter may be issued to individuals employed for the work.
33.
CESS AND WATER CHARGES : The contractor’ labour employed/ residing at stations and in
colonies where railway sanitary facilities exists contractor(s) will have to pay cess charges as per
rules in force on the railway from time to time. The contractor’s labour will be allowed to use
water where available in railway premises for drinking as well as for work on payment of water
charges as per rule in force on the railway from time to time.
34.0
DAMAGE DUE TO ACCIDENT, FLOOD, TIDE ETC.
34.1
The contractor shall take all precautions against damage from accident, flood, cyclone etc. No
compensation will be allowed to the contractor for damage or loss and the contractor shall be liable
to make good the damage to any materials, structure or plant belonging to railway administration
during the course of contracted work.
34.2
The administration will not be liable to pay to the contractor any charges for rectification or repairs
of any damage, which may have occurred from any cause whatsoever to any part of the
new/existing structure/installation during construction.
35.
FIRST AID : The contractor shall maintain in readily accessible places First Aid Appliances
which shall be placed under the charges of responsible person who shall be readily available during
working hours.
36.
ANTI LARVAL TREATMENT: The contractor(s) shall be responsible to take up anti-larval work
at his/their own expenses under the currency of the contract. In case of contractor failing to
undertake the job the expenditure incurred, if any, by the railway on this account is recoverable
from the contractor without any reference.
37.
NOTICE TO PUBLIC BODIES : The contractor shall give to the Municipality, Police and other
authorities all notice that may be required by the law and obtain all requisite license for temporary
construction, enclosures and pay all fees, taxes and charges which may be livable on account of the
operations in execution of the contract. He should make good any damage to adjoining premises
whether public or private and supply and maintain any light etc. required at night.
38.
ERRORS OMISSIONS AND DISCREPANCIES: The contractor(s) shall not take any advantage
of any misinterpretation of the conditions due to typing or any other error and if in doubt shall
bring it to the notice of the engineer-in-charge without delay. In case of contradiction only the
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
27
N.F. RAILWAY
printed rules and books shall be followed and no claim for the misinterpretation shall be
entertained.
39.
TRESPASS: The contractor shall at all time be fully responsible for any damage or trespass
committed by his agents or workmen in carrying out the work, even if such trespass is authorised
by the engineer.
40.
PLEA OF CUSTOM: The plea of custom prevailing will not on any account be permitted as an
excuse for an infringement to any of the conditions of the contract or specification.
41.
ARRANGEMENT OF PERMIT AND LICENCE: Arrangement for permits and license for
materials will neither be made by the railway nor any assistance given. The contractor will have to
make his/their own arrangement. Also no import license shall be arranged by this railway for this
work.
42.
HINDRANCE BY GOVT. DEPTT.(S) IN EXECUTION : Any hindrance created in execution of
work by other Railway Department, State Government Department shall be solved by the
engineer-in-charge on demand by the contractor.
43.
T ACCOUNTAL & DISPOSAL OF RELEASED MATERIALS:T
(i) Before commencement of work by the contractor, a list of materials with descriptions and
quantities expected to be released upon execution of the work, shall be prepared and signed jointly
by the Contractor’s authorized representative at site and the Railway Supervisor in-charge. A copy
of the joint list shall be submitted to the Engineer-in-Charge by the Railway Supervisor in-Charge
of the respective work.
(ii) Materials released during the work shall be accounted for in the Measurement Book. The
Contractor shall be responsible for safe custody of the released materials till these are handed over
to the Railway Supervisor in Charge. The Contractor shall be responsible for any loss or damage to
any materials and the cost of the materials lost/damaged shall be charged and realised from the
Contractor from any moneys due and payable or refundable to the Contractor on any account.
(iii) After completion of the work, the released materials accounted for in the Measurement Book
shall be reconciled against the joint list of released materials as stipulated in para (i) above. Any
variations/discrepancies noticed in the materials accounted for in the Measurement Book shall be
suitably explained.
44.
Special Clause: Subject to otherwise provided in the contract all notice to be given on behalf of
the President of India and all other action to be taken on his behalf may be given or taken on his
behalf by Sr. Divisional Signal and Telecomm. Engineer, Alipurduar Junction, N.F.Railway.
45.
Training: The tenderer shall undertake to train nominated Railway Engineers & staff ( if required
and demanded by the Engineer-in-charge ) free of cost in different aspects of the system, its
architecture, functioning, planning, management, supervision, operations and maintenance so as to
impart full knowledge and confidence to execute maintenance of the system.
Necessary course materials pertaining to training shall be supplied by the Contractor to every
trainee (not exceeding ten) free of cost.
46.
After Sales Maintenance Service: It shall be compulsory for the Contractor to provide speedy and
smooth After Sales Maintenance Service including supply of spares & components of the systems
on payment for a period five years from the date of expiry of free warranty period.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
28
N.F. RAILWAY
CHAPTER - III
TECHNICAL SPECIFICATION
Schedule' B'
Item No. 1. Excavation and casting of cement concrete foundation as per CSTE's drg no. SK /11 /00015 in the ratio
of 1:3:6, size of aggregate should not not exceed 3.8 cm. for erection of fixed supports of LC gate Boom(sliding type)
, outer surface should be plastered with 1:4 cement-sand mixture all the surfaces up to 150 mm below ground level,
this also includes fine cement plastering throughout the outer surface of the CC foundation above ground level
complete with contractors materials including cement, sand, stones, aggregate and curing of casted foundation,
refilling & ramming of loose soil around foundation and disposal of loose dugged soil from site. Consolidation and
ramming of earth to give the fixed supports of LC gate Boom (sliding type) stability and avoid tilting.
Item No.2. The scope includes installation of fixed supports of LC gate Boom(sliding type) on CC foundation as per
CSTE's drg no. SK /11 /00015 on grouting bolts of appropriate sizes which will be supplied by contractor . Foundation
surface shall be neatly plastered for the broken portion after erection of LC gate boom rest posts/fixed supports.
Annexure ‘A’.
Schedule-A
Item No. 1 :
Item No. 2 :
To be procured from RDSO Approved firm with RDSO inspection.
Consignee inspection.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
29
N.F. RAILWAY
CHAPTER-IV
SCHEDULE OF REQUIREMENT
Name of the work: - Provision of standby Siding Boom at 09 Nos. damage prone LC gates in APDJ
Division.
Schedule' A' (Supply)
S
N
Description of materials
1
Electrical Key Transmitter, rotary
type, as per IRS: S-21/2001 & Drg.
No. SA-22601 (Alt-4) with latest
amendments complete with sealing
studs and key. The ward numbers
should as per instruction of Railway
Engineer in charge.
Unit
Qty
Nos.
10
Coil of
100
Mtr
20
Rate
Amount
2
PVC insulated single core
multistrand flexible Cu cable 16/0.2,
0.5 Sq mm as per IS: 694/1990 or
latest to be supplied in different
colours as per direction of Railway
supervisor in Charge. Finolex make,
Product Code 14001.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
30
N.F. RAILWAY
Schedule' B' (Execution)
S.
N
1
2
3
4
Description of works
Excavation, ramming, casting
cement concrete foundation ( Ten
numbers per LC gate) for sliding
gate complete set as per CSTE's
drg no. SK/11/00015 with
contractor's materials including
cement, sand, stones, aggregate,
etc and as per technical
specification.
Installation of sliding gate and
boom rest post alongwith 'E' type
locks and lock up box as per
CSTE's drg no. SK /11 /00015 and
technical specifications. These
includes transportation of sliding
gate set complete with accessories
at site from SSE depot. Necessary
grouting bolts of appropriate size
as directed by the supervisor
incharge ( 40 nos per LCG) with
nuts & washers etc to be supplied
by contractor.
Installation of EKT on Hylum sheet
and its wirings in connection with
alteration, modification in existing
circuit at LC gate as per
instructions of Railway site
supervisor.This also includes
supply & fixing of Hylum Sheet,MS
angles push button, LED indication
for each EKT as per direction of
Railway supervisor in Charge. All
required consumable materials
except EKT and wires to be
supplied by contractor.
RCC work in the ratio 1:2:4 (1
cement : 2 sand : 4 graded stone
aggregate 20mm nominal size), up
to plinth in retaining walls, walls
(any thickness) including attached
plasters, column, pillars, posts etc.
The scope includes the cost of
cement, sand, stone, aggregate,
reinforcements and shuttering,
centering, etc.
NOTE: Due to site condition, if the
size of the RCC column for the
above item is required to be
increased / decreased, the extra
payment /deduction for variation of
the CC work shall be calculated on
volumetric basis as per rate of this
item
Signature of the Tenderer(s)
Dated:____________________
Unit
Qty.
Per LC
9
Per LC
9
Per LC
9
Per
CuM
18
Rate
Amount
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
31
N.F. RAILWAY
SN
Important Note:
1. All the works will be carried out under the strict supervision of the respective
SSE/SIG/APDJ, SSE/SIG/NCB, SSE/SIG/NMZ & SE/SIG/FKM of BG-I, II & III section
of APDJ division.
2. All the works will be carried out under the strict supervision of SSE/SIG/APDJ.
3. The contractor shall make his own arrangement for transporting the materials at the
respective site.
4. Supplied items as per tender schedule are to be inspected as per inspection clause in
Annexure’ A’.
5. The bidder has to bid for all the items of schedule.
6. RDSO/ RITES inspection charges to be borne by the Contractor.
7. 80% payment will be made against supply of item, balance 20% payment will be made
only after successful execution/installation of the entire system.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
32
N.F. RAILWAY
CHAPTER - V
ANNEXURE - B
FORM OF BANK GUARANTEE BOND FOR SECURITY DEPOSIT
In
consideration
of
the
President
of
India
acting
through
the
_______________________________ (hereinafter called “the Government”) having agreed
to exempt _______________________(hereinafter called “the said contractor(s)”) from the
demand, under the terms and conditions of an Agreement No. __________date
______________ made between the Government and the said Contractor(s) for
______________________________________ ( hereinafter called “the said Agreement”), of
the Security Deposit for the due fulfillment by the said contractor’s of the terms and
conditions contained in the said Agreement, on production of a bank Guarantee for
Rs.______________
(Rupees
_________________________only),
we,_______________________(hereinafter referred to a “the Bank”) at the request st of the
said contractor(s) do hereby undertake to pay to the Government an amount not exceeding
Rs._____________(Rupees _______________only) against any loss or damage caused to or
suffered or would be caused to or suffered by the Government by reason of any breach by the
said Contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We, the bank do hereby undertake to pay the amounts due and payable under this
guarantee without any demur, merely on demand from the Government stating that the
amount claimed is due by way of loss or damage caused to suffered by the Government by
reason of breach by the said contractor(s) of any of the terms or conditions contained in the
said Agreement, or by reason of the said contractor’s failure to perform the said Agreement.
Any such demand made on the bank shall be conclusive as regards the amount due and
payable by the bank under this Guarantee. However, our liability under this Guarantee shall
be restricted to any amount not exceeding Rs.___________________.
3. We, the bank undertake to pay to the Government any money so demanded notwithstanding
any dispute or disputes raised by the said contractor(s) in any suit or proceeding pending
before any court or Tribunal relating thereto our liability under this present being absolute and
unequivocal. The payment so made by us under this bond shall be a valid discharge or our
liability for payment there under and the said contractor(s) shall have no claim against us for
making such payment.
4. We, the bank further agree that the Guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said Agreement
and that it shall continue to be enforceable till all the dues of the Government under or by
virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till
the Government certifies that the terms and conditions of the said Agreement have been fully
and properly carried out by the said contractor(s) and accordingly discharge this Guarantee.
Unless a demand or claim under this Guarantee is made on us in writing on or before the
______________ we shall be discharged from all (Please see note) liability under this
Guarantee thereafter.
Continued to next page.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
33
N.F. RAILWAY
ANNEXURE - B
Continued from previous page
5. We, the bank further agree with the Government that, the Government shall have the
fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of
performance by the said contractor(s) from time to time or to postpone for any time or from
time to time any of the powers exercisable by the Government against the said contractor(s)
and to forbear or onfoce any of the terms and conditions relating to the said agreement and
we, the bank shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Contractor(s) or any indulgence by the Government to the
said contractor(s) or by any such matter or thing whatsoever which, under the law relating to
sureties would, but for this provision, have effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the said Contractor(s).
7. We,the bank lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the Government in writing.
Dated_______ day of ______2012
for _________________________
(indicate the name of Bank)
Format attested.
Note : - The validity date should be at least three months beyond the expiry of warranty period
in case of Security Deposit
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
34
N.F. RAILWAY
ANNEXURE- C
INCOME TAX CLEARANCE CERTIFICATE
1. Name and styles(of company, firm, HUF or individual) which the applicant assessed or
assessable to Income Tax and address for the purpose of assessment.)
2. Name and address of all companies, firm or association of persons in which the applicant is
substantially interested in his individual of fiduciary capacity.
Note: For the purpose of clause (2) above, the word “Substantially interested” would have the
same meaning as in explanation to section 40A(2).
3. The Income Tax circle/ward/District in which the applicant is assessed to Income Tax and
the permanent A/C No.
4. The following particulars are to be furnished concerning the Income Tax assessment for
preceding five years.
Year Total Income Assessed Tax demanded Tax paid Balance due
____ _____ _______________ ____________ ________ _________
(a)whether any penalty for concealment has been imposed under the provisions of the Income
Tax Act 1961 or Wealth Tax Act 1957 or after 1PstP April’1976
(i) If the answer is in affirmative, give the date, amount for penalty imposed and section under
which imposed.
(ii)Whether any appeal has been filed against the penalty order before the appellate assistant
commissioner or income tax or before the Income Tax Appellate Tribunal. If so the result
thereof along with the date of appellate order.
(b) Whether convicted for an offence within the meaning of Sec.277 of the Income Tax Act
1961 or under section 36(2) of the Wealth Tax act,1957 or under section 199/200 of the Indian
Penal Code, is so the date of conviction order.
5. In case there has been no I.T.Assessment for any year whether returns have been
submitted under the section 159(1) and 139(2) and 133 of the Income Tax, 1961 or tax has
been paid in advance under the section 310(3) of Income Tax Act, 1961 and if so, the amount
of income return for each year and tax of each of the four years mentioned above and
I.T.Circle/Ward/District concern whether such returns have been filed give reasons for the
same.
6. Whether any attachment or certificate proceedings pending in respect of the arrears, the
same address of braches if any, I declare that the above information is correct and complete
to the best of my information and belief.
Signature of the contractor:____________
Registration No.________________________
Address_________________________________
Date
Continued to next page
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
35
N.F. RAILWAY
ANNEXURE-C
(Continued from previous page)
INCOME TAX CLEARANCE CERTIFICATE
I hereby certify that :
(i) The assesses has furnished complete information about all companies in which he is
substantially interested the firms and the association of persons in which he is a partner or
member respectively.
(ii)The returns of income due from the assessee have been filed.
(iii)The assessee has paid all tax demands due other than those which have been stayed by
competent assessment.
(iv) The assessee has been co-operation with the department in facilitating the completion of
the pending assessment.
(a) The period of three years has expired from the date of the appellate order of the income tax
Appellate Tribunal confirmed or partially confirming the penalty levies on or after 1-4-75 U/S
271(1) (c) or the Income Tax Act 1961 or U/S 18 (1) (c) or the Wealth Tax Act, 1961 or U/S
18 (1)(c) or the Wealth Tax Act 1957
or
The cases where no appeal has been filed by the assessee against the penalty imposed on or
after 1-4-75 under section 171(1)© of the Income Tax Act, 1961 or section 18 (1)© of the
Wealth Tax Act, 1957 the period of three has expired from the date of the imposition of the
penalty.
(b) The period of three years has expired from the date of order of the conviction on or after 14-75 under section 277 of the Income Tax Act or under section 36(s) of the Wealth Tax Act,
1957 or under section 199/200 of the Indian Panel Code.
*Delete whichever is inapplicable.
(i) There is no information before me that the companies in which the assessee is substantially
interested and the firms and association of persons in which he is partner of member
respectively are deliberately not filling the returns or not paying the tax demands or not cooperating with the department in facilating the completion of the pending assessment.
(ii) There is no information before me that persons/having substantial interest in the applicant
company/being member of the applicant association being partner of the applicant firm are
deliberately not filling there return of income or not paying their tax demands or not cooperating in facilating the completion of the pending assessment.
The certificate is valid for a year from the date of issue.
Date_____________
Signature of I.T.C.______________
Circle/Ward/District_____________
Seal_____________
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
36
N.F. RAILWAY
.
ANNEXURE - D
DECLARATION
FORM
I/We hereby certify that
(i) I am/we are not related to any one employee in the Gazetted and Non-Gazetted capacity in the
Signal & Telecomm: Engineering and/or any other Department of the N.F.Railway.
I/We draw attention to the fact that I am/we are related to the following employee(s) in the Gazetted
and Non-Gazetted capacity in the Signal & Telecommunication Engineering and other Department of
the N.F.Railway.
SN Name of the Employee(s)
Designation & Deptt.
Degree to relationship.
Note: The item which is not applicable should be struck out.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
37
N.F. RAILWAY
ANNEXURE-E
( Credential Form )
DETAILS OF WORKS CARRIED OUT SINCE LAST 3 YEARS AND UNDER PROGRESS
SN
Particulars of
Particulars of works
Duration of
Contract No.
Amount of
Office/Deptt.
carried out/ in progress
execution/
date & value
payment
Under whom the
or awarded
probable date
received.
work was/is being
of
executed.
completion
1
2
3
4
5
6
Format attested
.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
38
N.F. RAILWAY
ANNEXURE-F
FORM FOR GUARANTEE BOND (FOR RAILWAY MATERIALS)
In consideration of the President of India acting through ____________________________ (hereinafter
called “the Government”) having agreed with _______________ (hereinafter called “the said
Contractor(s)”) to permit Railway materials issued for the Contracted work being removed outside the
Railway premises for the purpose as specifically provided for under the terms and Conditions on an
Agreement No. _______________ dated ___________made between the Government and the said
Contractor(s) for___________________________________
(hereinafter called “the said Agreement”) subject to the said Contractor producing a Bank Guarantee for
Rs.___________________ (Rupees ____________only),
We, _______________________ Bank
(hereinafter referred to as “the Bank”) do hereby undertake to pay to the Government an amount not
exceeding Rs.___________________ against any loss or damage caused to or suffered or would be caused
to or suffered by the Government by reason of any breach by the said Contractors of any of the terms
and/or conditions contained in the said Agreement.
2. We, the Bank do hereby undertake to pay the amounts, due and payable under this Guarantee without
any demur, merely on a demand from the Government stating that the amount claimed is due by way of
loss or damage caused to or would be caused to or suffered by the Government by reason of any breach by
the said contractor(s) of any of the terms and conditions, contained in the said Agreement or by reason of
the said contractor’s failure to perform the said Agreement. Any such demand made on the bank shall be
conclusive as regards the amount due and payable by the bank under this Guarantee. However, our liability
under this Guarantee shall be restricted to an amount not exceeding Rs.___________________.
3. We, the Bank undertake to pay to the Government any money so demanded notwithstanding any
dispute or disputes raised by the said contractor(s) in any suit or proceeding before any court or Tribunal
relating thereto our liability under this present being absolute and unequivocal. The payment so made by us
under this bond shall be a valid discharge or our liability for payment there under and the said contractor(s)
shall have no claim against us for making such payment.
4. We, the Bank further agree that the Guarantee herein contained shall remain in full force and effect
during the period that would be taken for the performance of the said Agreement and that it shall continue
to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been
fully paid and its claims satisfied or discharged till the Government certifies that the terms and conditions
of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly
discharges the Guarantee. Unless a demand or claim under this Guarantee is made on us in writing on or
before the ______________ we shall be discharged from all liability under this Guarantee thereafter.
5. We, the Bank further agree with the Government that the Government shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Agreement or to extend time of performance by the said contractor(s)
from time to time or to postpone for any time or time to time any of the powers exercisable by the
Government against the said contractor(s) or to show any forbearance in enforcing any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability by reason of any
such variation or extension being granted to the said Agreement or for any act of forbearance or omission
on the part of the Government or any indulgence by the Government to the said contractor(s) or by any
such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have
effect of so relieving us.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the said
Contractor(s).
7. We, the Bank lastly undertake not to revoke this Guarantee during its currency except with the previous
consent of the Government in writing
\ Dated the _______ day of ______19
for
____________________
(Indicate the name of Bank)
Format attested.
Note : The validity/currency date should be at least three months beyond the expiry of date of completion
of work.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
39
N.F. RAILWAY
ANNEXURE - G
NO CLAIM CERTIFICATE
I/We _____________________________________ hereby certify that I/We have no claims outstanding
against the N.F.Railway, either for work done or for labour supplied or for materials supplied or on any
other account on the ____________________________ District ________________________ Subdivision, No._______________________ Zone and that I/We have been paid in full and in final settlement
and satisfaction of all my/our claims.
________________________
Witness of Signature to
Contractor.
_____________ ________
Signature of the Contractor.
Date____________
Date______________
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway
Tender No. AP/S&T/08/2012-2013.
40
N.F. RAILWAY
CONTRACT LABOUR ACT
(i)
The Contractor shall observe and perform all the provisions of the Contract Labour (Regulation
and Abolition) Act, 1970 and Central Rules, 1971 and Contract Labour (Regulation and Abolition)
Central Amendment) Rules, 1987 or any statutory modifications of re-enactment thereof for the
time being in force and any rules and regulations made there under in respect of all the persons
directly or through petty Contractor or sub-contractors employ by him under his Contract and shall
indemnity the Railway from and against any claims under the Contract Labour (Regulation and
Abolition) Act, 1970 and Central Rules, 1971 and Central Amendment) Rules 1987 or any further
Rules and Regulations framed there under by or on behalf of any persons directly or through
Railway petty Contractors or Sub-contractors employ by him or otherwise.
(ii)
The Contractor shall obtain license from the Licensing Officer specified in the Act, paying
necessary License fee as per Section 12 of the Act, 1970 and Rule 26 of the Central Rule, 1971 and
as per Contract Labour (Regulation and Abolition) Central (Amendment) Act, Rules 1987. In
every case in which by virtue of Section 20 (2) and 21(4) of the Contract Labour (Regulation and
Abolition) Act, 1970 the Railway is obliged to provide amenities or any wages to Labour
employed by the Contractor in executing the work, the Railway will recover from the Contractor
the expenditure so incurred by the Railway or the wages so paid and without prejudice to the rights
by the Railway under Section 20(2) and 21(4) of the said Act, the Railway shall be at liberty to
recover such amounts or part thereof by the deducting it from the Security deposit or from any sum
due to the Railway by the Contractor whether under these or any other Contracts.
(iii)
The attention of the Tenderer is drawn to the Contract Labour (Regulation and Abolition) Act,
1970 Central Rules, 1971 and Central (Amendment) Rules, 1987 and clause 55/55A of the
Regulations of Tenders and Contract General conditions of Contract ‘98’ and Standard
specification of provisions of the said Act and Rules the Divisional/Executive Engineer being the
principal Employer under the said Act and Rules.
(iv)
Provided that if any dispute arises as to the expenditure incurred by the Railway in the provisions
of the said amenities the decision of the Engineer thereon shall be final and binding of the
aforesaid Act except on the written request of the contractor and upon his giving to the Railway
full security for all costs which the Railway might becomes liable in contests such claim. The
decision of the Railway regarding the amount recoverable from the contractor as stated above shall
be final and binding on the contract.
(v)
You are required to comply with all Labour Laws, pay minimum rates of wages fixed by the
Central/State Government to your workers for any number of worker(s) you employ and to obtain
license under Contract Labour (R.A) Act, 1970/Central Rules, 1971 framed there under whenever
you engage 20 or More workers for the Contract Job in question, to facilitate inspection to your
Establishment at any time by the Labour Enforcement Officer(C) Asst. Labour Commissioner ( C )
of the area.
Signature of the Tenderer(s)
Dated:____________________
for DRM/S&T/APDJ
N. F. Railway