EAST CENTRAL RAILWAY - Indian Railways

EAST CENTRAL RAILWAY
TENDER NO. TRD/OT/04/2005-06/Vehicle
DATED 24.08.2005.
TENDER PAPER
FOR
Repairing of Vehicle
(Jeep No:BR-14P.1508(Make Mahindra &
Mahindra) under Sr.Sec.Engineer(Tr-D)East
Central Railway/Dhanbad.
in
Dhanbad division
of
East Central Railway
Issued by:-
Sr. Divl. Electrical Engineer(Tr.-D)
East Central Railway
DHANBAD
Copy No.:
Issued to:
Price: Rs. 500/-
1

East Central Railway
Electrical Department
Repairing of Vehicle (Jeep No: BR-14P-1508(Mahindra &
Mahindra) under Sr.Section Engineer(Tr-D)
East Central Railway/Dhanbad.
No.TRD/OT/04/2005-06/Vehicle Dated 24.8.05
Divl. Railway Manager (Tr.-D), East Central Railway, Dhanbad
invites sealed open tender, from Technically and financially sound
firms, for the work for annual maintenance for miscellaneous works
for repair and maintenance of TRD equipments in GC & CIC section
of Dhanbad division.
1. Approximate Cost Rs. 2,49,051/-(Rupees Two
lakh forty nine thousand
fifty one only approx.)
2. Earnest Money Rs.6250/- (Rupees Six thousand
Two hundred fifty only)
3. Date of selling of 19.9.2005 to 05.10.2005
Tender Papers
Any working day from 12.00 hrs.
to 15.00 hrs. (except Saturday,
Sunday & Holidays)
4. Venue Office of the,
i)Chief Electrical Engineer/East
Central Railway/Hajipur.
ii)Divl. Railway Manager(TR-D),
Dhanbad, Mughalsarai & Danapur.
5. Date & Time of Opening of At15.30 Hrs. on 6.10.2005
Tender
6. Cost of tender paper Rs.500/-(Rupees five hundred only)
7. Venue of submission of 12.00 hrs. to 15.00 hrs.between
Tenders 19.09.05 to 06.10.05 at the
places mentioned at item 4.
8. Period of completion of work 03 months(90 days) from the
date of issue of Letter of
Intent /Letter of Acceptance
whichever is earlier.
2

9. Eligibility Criteria(costing above Rs.10 lakh):-
i) Should have completed
in last three
financial years (i.e.
current year & 3
previous financial
years):
ii) Total contractual
payment received
during the last 3
years and in the
current financial
year:
iii) Electrical
Contractor’s License
At least one similar
single work, for a
minimum value of 35% of
Advertised tender value
of work.
Should be a minimum of
150% of Advertised tender
value.
Tenderer should have a
valid and current
Electrical Contractor’s
License.
10. Tenderers are advised to visit the site of work and familiarize
themselves with site conditions and quantum of works in their
own interest.
11. Tender must be accompanied by prescribed amount of earnest money
in acceptable form as mentioned in the tender documents. Earnest
money in the form of guarantee bond will not be accepted.
Tenders without prescribed earnest money will be summarily
rejected.
12. In case of date of opening is declared as holiday or is closed
due to adverse conditions arising due to natural
calamity/unavoidable circumstances the tenders will be opened on
following working day at same time and venue.
13. Railway reserves the right to either cancel the tender or reject
any or all the tenders without assigning any reason thereof.
Sr. Divl. Elect.Engineer(Tr.-D),
For Divl. Railway Manager(Tr.-D)
East Central Railway
Dhanbad.
3

NOTE TO TENDERER
Tenderer must comply with all points mentioned in the tender
paper. Failing to do this, the Railway reserves the right to
summarily reject the tender without assigning any reason to the
tenderer.
NOTE TO CONTRACTOR(SUCCESSFUL TENDERER)
Weekly Progress Report:
Successful tenderer must submit regular weekly progress
report. Non submission of such report will mean default.
MODE OF INSPECTION:
Before giving a call for inspection, the contractor must ensure
that the work offered for inspection is actually completed. Non
complete of this procedure will earn discredit for the contractor
in as much to the same will be booked as a defect in the
inspection report.
Final call for inspection must be given at least 15 days before
the proposed date of inspection. Measurement of works will be as
per relevant part of the general condition of contract.
Physical completion has to be ensured at least 15 days before
expiry of completion date to avoid extension of completion period.
DEPARTMENTALLY TAKING OVER OF AN ITEM OF WORK TO SPEED UP
PROGRESS:
Any work can be taken over departmentally. All materials
as included in the schedule are primarily required to be supplied
by contractor. But for benefit of Railway item of work may be
taken over fully or in part, as per decision of the Engineer of
the Railway and the same will be deleted at a suitable date later
on.
GENERAL CONDITION OF THE TENDER
1.1 The tender papers are not transferable
1.2 No tender will be considered unless accompanied by:
a) Documents in proof of deposit of the sum specified in the
preamble to the tender towards the earnest money
deposit.
b) Full particulars of Electrical contractor’s license and
the class of license held by him, the name and class of
license held by his supervisors, Photostat copy of Elect.
Contractor license and supervisor’s license etc
c) Documents to show that the tenderer will engage a
technically qualified person to physically supervise his
works if his tender is accepted.
4

1.3 No tender paper may be considered unless accompanied by:-
a) The offer letter as an Annexure-I duly filled in and
signed.
b) Tenderer credential as in Annexure-II duly filled in and
signed.
c) Explanatory note for schedule of work is given in
Annexure-IV.
2. DEPOSITING OF EARNEST MONEY:
2.1 Earnest money will be deposited in cash or in any of the
following forms:-
a) In cash (on which no interest will occur) to be deposited
with the Divisional Cashier, East Central Railway, Dhanbad
or with the Chief Cashier, East Central Railway,Hajipur.
b) Deposit receipts/pay order/demand draft in favour of
FA&CAO/East Central Railway / Hajipur issued by the State
Bank or any of schedule Bank approved by the Reserve Bank
of India.
c) No cheque will be accepted even if it is guaranteed by
the Bank.
d) The tenderer who have standing deposit of earnest money
with the Railway administration need not to deposit any
fresh earnest money while submitting the tenders.
2.2 No interest will be occurred on the earnest money. The
earnest money will be refunded to the un-successful tenderer.
2.3 Request for transfer of earnest money and or security deposit
of work even if the same is free from all obligations will
not be accepted for the purpose of earnest money.
2.4 The tenderer will be summarily rejected unless requisite
earnest money is paid in full.
2.5 The earnest money that the tenderer is required to deposit
along with tender, amount indicated in the preamble of the
tender which is inclusive of security deposit of extent of
1/5 th of the earnest money deposited for due performance of
the stipulation to keep the offer open for a period of 90
days from the date of opening of the tender, it being
understood that the tender documents have been sold to the
tenderer and the tenderer being permitted to tender in
consideration of the stipulation on his part that after
submitting the tender he will not resile from his offer or
modify the terms and conditions thereof in a manner not
acceptable to the Sr.Divl.Elect. Engineer(TR-D)/East Central
Railway/Dhanbad & is liable to be forfeited by the Railway in
the event of the failure on the part of the tenderer to
observe and comply with the foregoing stipulation of the
tender.
5

3. SECURITY DEPOSITE:
3.1 On receipt of the acceptance of the tender from the Railway
the successful tenderer will be required to furnish the
Railway with security deposit as finally worked out after
opening of the tender, in the following manner, within
seven(7) days from the issue of the acceptance letter.
SECURITY DEPOSIT:-
i) For contract upto Rs. 1 Lakh and : 10% of the value of
the contract.
ii) For contract more than Rs. 1 Lakh : 10% of the first 1
and upto Rs. 2 Lakhs.
lakh & 7.5% of the
balance.
iii) For contract more than 2 Lakhs and : 10% of the 1 st 1 Lakh,
Upto 2 crores.
7.5% of the next 1 lakh,
& 5% of the balance
subject tothe maximum
3 Lakhs.
iv) For contract above Rs. 2 crores. : 5% of the contract
value. The amount
over and above 3
lakhs to be recovered
from progressive
bills of the
contractor till it
reaches 5% of the
contract value.
3.2 The security money should be deposited in any of the
following form:-
a) In cash (on which no interest will occur) to be deposited
with Divisional Cashier, East Central Railway, Dhanbad or
Chief Cashier, East Central Railway,Hajipur.
b) Guarantee Bond in favour of FA&CAO/East Central
Rly/Hajipur executed by State Bank of India or any other
Nationalised Bank of India. The bond should be prepared on
prescribed form and should be valid for not less than 18
months.
c) Deposit receipts/pay orders/demand drafts in favour of
FA&CAO/East Central Rly./Hajipur issued by State Bank of
India or any other Nationalized Bank or any of the
scheduled Bank approved by the Reserve Bank of India.
d) Government securities of 5% below the market value.
3.3 Should the validity of such guarantee Bond towards the
security deposit, expire before the Security becomes due for
refund; it will be the responsibility of the contractor to
cause to be extended the validity of the guarantee Bond for
an agreed period. In case of failure to do so the
Administration will deduct from his bills an equivalent
amount of security without further reference to him. The
6

validity of guarantee Bond should cover the guarantee period
plus 3 months additional time.
3.4 The total security deposit will be retained by the Railway
administration for a period 12 months from the date of
completion of work without any interest being occurred and
will be released after the guarantee period is over and issue
of certificate for performance of the work by the
representative of the Railway.
3.5 The executed work as covered in the contract, should be
guaranteed for trouble free operation for a period of 12
months from the date of completion of work in all respect.
Any defects due to faulty designed, bad workmanship or use of
inferior quality of materials, that may be developed or be
noticed during the period shall be repaired or replaced by
the contractor free of cost at the site of works executed
within the reasonable time.
3.6 The Railway administration shall be entitled to deduct from
the security deposit the requisite amount for any loss or
damage from the contractor, which the Railway administration
may be put to for any reason of any act for default
recoverable by the Railway from the contractor or to call
upon the contractor to maintain deposit at its original limit
by making further deposit. In the event of contractor failing
to make and maintain a security deposit in the manner
aforesaid, any money lodged with the tender by him will be
liable to be forfeited, the Railway shall be entitled to
cancel the acceptance of the tender. No cheque will be
accepted for security deposit even if it is guarantied by the
Bank.
4. SUBMISSION OF TENDER:
The tenderer shall submit the tender in a sealed cover
addressed to Sr. Divl. Elect. Engineer (TRD)/East Central
Railway/Dhanbad, subscribed on the cover “Tender No and Name
of the work in full” and delivered in the sealed tender box
located in the office of the Chief Electrical
Engineer,E.C.Rly., Hajipur, Sr. Divisional Electrical
Engineer/TRD/East Central Railway/Dhanbad, Danapur &
Mughalsarai from 19.09.2005 to 05.10..2005 between 12.00
hrs. to 15.00 hrs. on any of the working day(except Saturday,
Sunday and Holiday) and on 06.10.2005 between 10.00 hrs. to
12.00 hrs..
5. OPENING OF TENDER:
The tender shall be opened in the office of the Chief
Electrical Engineer, E.C. Rly., Hajipur, Sr.Divl. Elect.
Engineer/TR-D/ East Central Railway/Dhanbad, Danapur and
Mughalsarai in presence of the tenderers or their authorized
representative as may be present at the prescribed time and
date specified in the preamble to the tender papers.
7

6. EXECUTION OF THE AGREEMENT:
The successful tenderer shall have to sign an agreement for
the work in standard form to be supplied at the time of
execution of tender by the administration after security
deposit and within seven days from the date of issue of the
acceptance letter failing which his earnest money will be
forfeited.
7. GENERAL CONDITION OF CONTRACT:
The acceptance of the tender and execution of the contract
shall be governed by the “General Condition of the Contract”
(as amended upto date) and same where modified within these
tender papers. The copy of the serial shall not be supply by
the Railway and shall have to arranged by the contractor at
his own source and cost (The copy may be obtained by the
tenderer from Chief Engineer/ Con’s office at 14, Strand
Road, Kolkata-1).
8. CONSTITUTION OF THE FIRMS:
Original documents of the constitution of their firms,
partnership deed and the power of attorney, if any, to other
duly signed by the person who signed the original documents,
shall have to be submitted to the Railway for verification.
The original documents will be returned to the tenderer after
verification.
9. RATES TO INCUDE ALL TAXES:
The rates quoted should be inclusive of all taxes, octroi,
duties, royalty existing or that may be imposed in future.
10. RAILWAY PASS OR CONCESSION:
No Railway Pass and concession tickets/freight for men and
materials of the contactor will be granted by the Railway.
11. COMMENCEMENT OF WORK:
The successful tenderer shall have to start the work within 7
days from the date of issue of work order.
12. COMPLETION TIME:
03 Month(three months)/90 Days(Ninety days) from the date of
issue of Letter of Intent/Letter of Acceptance.
13. EXTENSION OF TIME:
In the event of failure on the part of the contractor to
complete the work within the time as specified above on any
ground accepted by the Railway administration as reasonable
and on approach by the contractor in such circumstances for
extension of time the Railway administration may allow
additional time to the extent as would be considered
reasonable by the Railway administration, such consideration
being in the absolute discretion of the Railway
administration for which the contractor shall not be entitled
to any compensation.
8

14. PENALTY FOR DELAY IN COMPLETION:
The time for the execution of the work or part of the If
the work is not completed within the stipulated period of 30
(thirty) days from the date of issue of work order, a penalty
of 2% (two percent) per day or part thereof, of the value of
the work order will be imposed for the period by which the
completion is delayed beyond the stipulated date of
completion as per the work order.
15. TERMINATION OF THE CONTRACT:
The contract shall be terminated by the Railway
administration as per clause provided in the General
Condition of the Contract A6-54.
16. TERMS OF PAYMENT:
subject to any deduction or recovery which purchaser may be
entitled to make under the contract, the contractor unless
otherwise agreed to, shall be entitled to get the following
payments:-
i) Running bills may be paid to the contractor at the
discretion of the Sr.Divl.Elect. Engineer/TRD/ East
Central Rly/Dhanbad. The running bills will be released
upto 85% (eighty five percent) of the value of work
done.
ii) Remaining 15 % (fifteen percent) of all on account bills
will be released at the time of arranging final payment.
17. CONTRACTORS RESPONSIBILITY FOR DISCREPENCIES:
i) The rates quoted by the contractors shall be based on
and through study of the nature and quantum of work
covered under this tender.
ii) The contractor shall be solely responsible for the
correctness of the work according to the drawing and
specifications as covered in the contract not
withstanding that he may have been assigned by the
purchaser or his representative in setting out the same.
iii) All the materials supplied by the contractors for
execution of the work, should be get inspected and
approved by the purchaser or his authorized
representative before they are fitted/commissioned and
the certificate issued to this effect should be
submitted to this office.
iv) Any work executed with un approved materials shall
entirely the responsibility of the contractor.
v) The contractor shall ensure that during execution of the
work at site one of his competent supervisor is always
available at site to execute the work as per
specification, drawing of the contract & also to take
the necessary instruction in relation to the execution
of the work from the purchasers or his authorized
representative.
9

vi) The contractor shall during the process of work be
entirely responsible for the custody of its stores or
equipments for the work executed at the site.
vii) The contractor shall arrange his own accommodation if
necessary, for the purpose of storing materials and
tools.
viii)Any information relating to the tender or clarification
in connection therewith may be obtained from the office
of the Senior Divisional Electrical Engineer/TRD/ East
Central Railway/Dhanbad on any working day during office
hours.
18. ACCEPTANCE OF TENDER AND THE CONDITIONS IN CONNECTION
THEREWITH:
i) The tender shall hold the offer open till such date as
specified in the tender. It is understood that the
tender documents have been sold to the tenderer and the
tenderer is/are being permitted to tender in
consideration of the stipulation on his/their part that
after offer submitting his/their tender, he /they will
not resign from their offer or modify the terms and
conditions thereof in a manner not acceptable to the
Sr.Divl. Electrical Engineer/TRD/East Central
Railway/Dhanbad, should the tenderer fail to observe or
comply with the foregoing stipulation, on the amount
deposited as security for due performance of the above
stipulation shall be forfeited to the Railway. If the
tender is accepted the amount of earnest money will be
held as security deposit for the due and faithful
fulfillment of the contractor. The earnest money will be
returned to the unsuccessful tenderers by the Railway,
shall not be responsible for any loss or depreciation
that may happen to the security, for the due performance
or stipulation to keep the offer open for the period
specified in the tender documents or the earnest money
while in the possession, not be liable to pay interest
there on.
ii)
It shall not be obligatory on the said authority to
accept the lowest tender and no tenderer shall demand
any explanation for the cause of rejection of his/their
tender.
iii) If the tenderer/s deliberately give/s wrong information
in his/their tender or creates/create circumstances for
the acceptance of his/their tender, Railway reserves the
right to reject such tender at any stage.
iv) If a tenderer expires after the submission of his/their
tender or after the acceptance of his/their tender, the
Railway shall deem such tender as cancelled. If a
partner of a firm expires after submission of their
tender or after the acceptance of their tender, the
Railway shall deem such tender as cancelled.
10

v) The earnest money including the amount taken as security
deposit for the due performance of the stipulation to
keep the offer open till the date specified in the
tender will be refunded to the unsuccessful
tenderer/tenderers within a reasonable time. The earnest
money deposited by the successful tenderer/tenderers
will be retained towards the security deposit for due
and faithful fulfillment of the contract but shall be
forfeited if the contractor fails to execute the
‘Agreement Bond’ within seven days of the notification
of the acceptance of his/their tender or commence the
work within seven days after receipt of orders to that
effect.
vi) Non-compliance with any of the stipulations and
conditions herein above is liable to result in the
tender being rejected.
vii) The authority for the acceptance of the tender will rest
with the Sr. Divl.Elect.Engineer(TR-D)/East Central
Railway, Dhanbad who does not bind himself to accept the
lowest or any other tender nor does be undertake to
assign reasons for declining to consider any particular
tender or tenderers.
viii)The tenderer shall keep the offer open for a minimum
period of 90(Ninety) days from the date of opening of
the tender, within which period the tender can not
withdraw his offer subject to the period being extended
further if required, by mutual agreement from the time
to time. Any contravention of the above condition will
make the tenderer liable for forfeiture of his security
deposit.
ix) Should a tenderer or contractor on the list of approved
contractors have a relative or relatives or in the case
of a firm or company of contractors one or move of its
share holders or a relative or relatives of share holder
employed in gazetted capacity in the Elect. Engineer
Deptt. of the East Central Railway. The authority
inviting tender shall be informed of the fact at the
time of submission of tender, falling which the tender
may be disqualified of such fact subsequently comes to
light the tender/contract may be rescinded in accordance
with the provision in clause 61 of the General Condition
of the contract.
x) Should a 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 in the holding a pensionable post
administrated by the President of India for the time
being or should a tenderer being partnership firm have a
11

one of its partners a retired Engineer or a retired
gazetted as aforesaid or should a tenderer being an
incorporated company have any such retired Engineer or
retired officer as one of its directors, or should a
tenderer have in his employment any retired Engineer or
retired officer as aforesaid the full information to the
date of retirement of such Engineer or gazetted officer
from the said service and in case where Engineer or
officer had not retired from Govt. service and in cases
where Engineer or officer had not retired from Govt.
service at least two years prior to the date of the
submission of tender as to whether permission for taking
such contact, of 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
Engineer of the contractor as the case may be from the
President of India or any officer authorized by him in
his behalf shall be clearly stated in writing at the
time of submitting the tender without the information
above referred to or statement to the effect that no
such retired Engineer or retired gazetted officer is so
associated with the tender, as the case may be shall be
rejected.
xi)
All materials for this work are to be supplied by the
contractor for all the items, other than those
specified.
xii) The final acceptance of the tender shall rest with the
Sr.Divl.Elect.Engineer(TR-D/East Central Railway/Dhanbad
or his representative who reserves the right to accept
or reject any tender or part thereof without assigning
any reason thereof and does not blind himself to accept
the lowest tender only.
19. ARBITRATION:
i) Matters in question of dispute or difference to be
attributed upon shall be referred for decision to:-
a) A sole arbitrator who shall be the Chief Electrical
Engineer/East Central Railway/Hajipur or a person
nominated by him in that behalf in cases where the
claim in question is below Rs. 50,000/- and in cases
where the issues involved are not a complicated
nature. The Chief Electrical Engineer shall be the
sole judge to decide whether or not the issue
involved of a complicated nature.
b) The arbitrators, who shall be gazetted Railway
Officer of equal status to be appointed in the manner
laid down in sub para (ii) below for all claims of
Rs. 50,000/- and above, and for the issue involved
12

are of a complicated nature. The Chief Electrical
Engineer/East Central Railway/Hajipur shall be the
sole judge to decide whether the issues are of a
complicated nature or not. In the event of the two
arbitrators being decided in their opinion the matter
under dispute will be referred to an umpire to be
appointed in the matter laid down in sub para (ii)
for his decision.
ii) For the purpose of appointing two arbitrators as
referred to in sub para(i) (b) above, the Railway will
send a panel or move than their names of officers of the
appropriate status of one or more than three names
of officers, of the appropriate status or one or more
departments of the Railway to the contractors who will
be asked to suggest a panel of three names out of the
list so sent by Railway. The Chief Electrical Engineer
will appoint an arbitrator out of this panel as the
contractor’s nominee and then appoint a second
arbitrator of equal status as the Railway nominee either
from the panel or from outside the panel ensuring that
one of the two arbitrators shall nominee an umpire to
whom case will be referred in the event of any
difference between the two arbitrators.
iii) The arbitrator or arbitrators of the umpire shall have
power to call for such evidence by affidavit or
otherwise as the arbitrator umpire shall thank and it
shall be duty of the parties hereto to do cause to be
done all such things as may be necessary to enable the
arbitrator or arbitrators or umpire to make the award
without any delay.
iv)
It will be no objection that the person appointed as
Arbitrator/Arbitrators, umpire are Government servants
and that in the course of their duties as government
they have express views on all or any of the matters in
dispute.
v) Subject as aforesaid Arbitration Act, 1940 and the rules
there under and any statutory modification thereof shall
apply to Arbitration proceeding under this clause.
20. INSPECTION AND TESTING:
i) All materials will be subject to inspection and test by
the purchaser or his representative at the
manufacturer’s works before dispatch and no materials
shall be dispatched from the manufacturer’s works until
these are inspected and or approved. The materials may
also be inspected by the purchaser or his representative
again at the contractor’s depot/works site. The
purchaser or his representative shall have the right to
be present during all stages of manufacture and shall be
13

afforded free of charge all reasonable facilities for
inspection and testing so as to satisfy himself
/themselves that the materials are in accordance with
specifications, approved drawings and design. Any
unreasonable delay in inspection will be reasonable
ground for extension of time for completion of work.
ii) No less than 15 days notice in writing shall be given by
the contractor to the purchaser in order that the
purchaser’s Engineer may present if they (i.e.
purchaser) so desire for carrying out the inspection.
21. INSPECTION AND PROVISIONAL ACCEPTANCE:
The articles/quarters which are to be supplied and
executed as per specification will be inspected by the
Sr.Divl.Elect. Engineer(TR-D)/East Central Railway/Dhanbad or
by his authorized representatives at every stage of payment
of the tender. The Railway administration reserves the right
for acceptance and rejection of the work, thus inspected
without assigning any reason.
22. DEVIATION FROM TENDER:
Deviation from tender papers will not normally be agreed
to should the tenderer be unable for good and sufficient
reason to comply entirely with the tender papers. He shall
indicate the deviations desired by him. Such deviation if any
shall be kept down to the absolute minimum and the reasons
for deviation shall be indicated. The Railway administration
reserves the rights to cancel the tender, if any deviation is
not acceptable to it and if the tenderer is unwilling to
withdraw the deviation or modify the same in a manner
acceptable to the Railway, the tenderer in all such cases
shall indicate clearly the special condition or amendment
desired by him to the relevant item of the tender papers.
23. DEFAULT AND DELAY:
The contractor shall execute the work with due diligence
and expeditious keeping to the approved time schedule should
be refuses or neglect to comply with any reasonable orders
given to him in writing by the Sr.Divl.Elect.Engineer(TR-
D)/East Central Railway/Dhanbad or any of his authorized
representative in connection with the work or contrivance the
provision of the contract or the progress of the work laps
persistently behind the time schedule due to his negligence,
the Railway administration shall be at liberty to give seven
days notice in writing to the contractor requiring him to
make good the neglect or contravention complained of and
should the contractor fail to comply with the requisitions
made in the notice within seven(7) days from the receipt
thereof, it shall be lawful for the Railway administration to
take the work wholly or in part out the contractor’s hand
14

without any further reference and get the work or any part
thereof as the case may be completed in any other rights or
remedy of the Railway administration.
24. LOSS SUSTAINED DUE TO DEFAULT AND DELAY:
In the event of any loss to the Railway administration
on account of execution and/ or completion of the work or any
part thereof by the agencies other than the contractor in
terms the above clause the contractor shall be liable to
imburse the loss to the Railway administration and the
reimbursement in full or in part as the case may be shall be
met at the option of the Railway administration from out of
all or any of the following courses:-
(i) Any amount due and payable to the contractor by the
Railway or any account whatsoever,
(ii) the contractor’s security deposit in the hands of the
Railway administration as far as available, and
(iii)other assets whatsoever of the contractor.
25. EXECUTION OF WORKS:
The work should be carried out as per Electrical
standard specification.
26. VARIATION:
a) For controlling payment in case the agreemental value
goes beyond + 25% , a regulatory mechanism as part of
the contract itself should be built in. For the first
15% increase in the value beyond 25% of agreemental
value, the rates will have a reduction of 2% in the
incremental value of the agreement and for the next 10%
increase in the value, rates will have an additional
reduction of 2% in the further incremental value of the
agreement.
b).
c).
Execution of quantities beyond (+)50% of the overall
agreemental value should not be permitted and, if found
necessary, should be only through fresh tenders or by
negotiating fresh rates with existing contractor as per
procedure laid down by Railway Board in their letter no:
94/CE/CT-1/37 dated 5-5-1995 for variation beyond 25%.
To decide whether the agreemental value will go beyond
50%, as and when 75% of the agreemental has been
executed, the contract should be subjected to a detailed
review and administrative decision by an appropriate
authority ( agreement signing authority) should be
recorded in writing and quantities monitored carefully
and from this stage onwards, execution of further
quantities will have to be monitored at least at the
level of JAG Officers.
27(a) The contractor shall comply with provisions of the
contract labour (Regulation and abolition Act 1970 and
the contract labour Regulation & abolition, Central
Rules 1971), as modifies from time to time wherever
15

(b)
applicable and shall also indemnify the purchase from
and against any claims under the aforesaid act and the
rules.
The contractor shall be responsible to ensure compliance
with provision of 1961 and the rules and order issues
there under from time to time in respect of apprentices
directly or through petty contractors or sub contractors
employed by him for the purpose of carrying out the
contract.
27.1 WORK TO BE DONE AS APPROVED:
The tender shall be finalized in consultation with the
purchaser and approved before commencement of the work and
the contractor shall be held responsible for the execution of
the work in full compliance with approved design and drawings
and drawings modified at site by the purchaser’s Engineer
shall be treated as approved. However, such modifications
shall be incorporated in the design and drawings and
resubmitted for formal approval.
27.2 QUAlITY OF MATERIALS AND WORK DONE:
All erection work carried out shall also be of the best
quality acceptable to the Sr.Divl.Elect.Engineer(TR-D)/East
Central Railway/Dhanbad who shall have the power to reject
the material or order for removal of any work done in his
opinion is faulty or insecure and the contractor shall
replace the same to his satisfaction.
27.3 CONTRACTOR ORGANISATION:
(a) The contractor shall arrange all tools & plants and
facilities necessary for erection, commissioning, and
testing of the equipments in compliance with the
specification at his own cost.
(b)
The contractor shall bring only materials, tools and
plants and other accessories to the site of work which
are to be used in the execution of the contract. The
contractor may store such materials tools and plants etc
at site of work where suitable covered and open space
would be made available to him free of charge. All these
expense connected with the storage and safe custody of
the materials etc shall be incurred by the contractor.
(c) On completion of the work, the contractor shall handover
the site of work completely cleared of all temporary
structure, stores of refuse unless other wise agreed
to by the purchaser.
(d) The contractor shall/will be responsible for transport of
materials from source of supply to the site or work and
for all losses and /or damage in the transfer of
materials and for demurrage or warfage he may incur and
no loss or damage for expenses incurred on this account
will be reimbursed by the purchaser.
16

27.4 PART RECOVERY OF INCOME TAX:
Income tax @ 2% of the gross amount and 15% surcharge on
income tax will be recovered form all the bills of the
contractor in terms of section 134(c) of the Income Tax
Act, 1961 as introduced through the Finance Act 1972.
JST @ 4% to be deducted as the work will be done in the
area of Jharkhand state.
Sr.Divl.Elect.Engineer(TR-D),
East Central Railway,Dhanbad
17

Annexure-I
To
The President of India,
Acting through the Sr.Divl.Elect. Engineer(TR-D),
East Central Railway,
D H A N B A D
Dear Sir,
Reg.: Tender No. TRD/OT/04/05-06/Vehicle dt.24.08.2005.
I I/We…………………………………………………………………………………………...
have read the conditions of the tender attached hereto and agreed
to abide by such conditions. I/We also agree to abide by this
tender for a period of 90 days from the date fixed for opening the
same and in default of my/our so doing will make me/us liable for
forfeiture of my/our security deposit for a period of 90 days.
I/We offer to do the work for ………………………………………………………………...
………………………………………………………………………………………………………...
in Dhanbad division as the rates quoted in the attached schedule
and hereby bind by self/ourselves to complete the works in all
respect in …………………………. days from the date of execution of
agreement.
1. I/We further agree to sign an agreement bond to abide by the
General Conditions of Contract and the Special Conditions
attached herewith and to carry out all works according to the
East Central Railway, Electrical Department standard
specification No. 10TD any other specification mentioned in
the tender.
2. A sum of Rs. ………………………………………………………………………………….
herewith forwarded as Earnest Money in addition to the sum of
Rs. ………………………………. .security deposit mentioned above. The full
value of the earnest money shall stand forfeited without
prejudice to any other rights of remedies.
a) I/We do not execute the contract documents within seven
days from receipt of notice issued by the Railway such
documents are ready.
b) I/We do not commence the work within tend days also
receive of order to the effect.
3. I/We have already made a lump sum Rs. …………………………………………..
towards Earnest Money by receipt No. …………………………………………………..
date…………2005 and as such no further deposit is made and I/We
further agree to declare that in case I/We fail to abide by
the condition of keep open this order for a period of 90
days. I/We shall have no objection to the forfeiture of
“Security Deposit” portion of the Earnest Money the
amounting to Rs. ………………………………………………. and the said amount
realized by the President of India also from my said lump sum
deposit Rs………………………………………
18

I/We have deposited with the Divl. Cashier, East Central
Railway, Dhanbad, Chief Cashier, East Central Railway, Hajipur,
the required earnest money of Rs. ……………………………. only for which
Receipt No. ……………………………………………….. dt. ……………………. has been granted
which is enclosed.
OR
I/We enclosed the requisite earnest money in form of …………………
……………………………….for Rs…………………………………………………… only in respect of this
tender.
I/We have no retired Engineer or gazetted officer of the
Electrical department any of the Railway and none of the my/our
relatives are working in the Railway at present.
Yours faithfully,
Signature of the Tenderer(s)
with seal and date
WITNESS:-
19

ANNEXURE - II
Please fill in the questionnaires below:-
The following documents should be specified for submission along
with tender.
a) List of personnel organization available on :
hand and proposed to be engaged for the
subject work.
b) List of Plant & Machinery available on :
hand (own) and proposed to be inducted
(own and hired to be given separately) for
the subject work.
c) List of Works completed in the last three :
financial years giving description of work,
organization for whom executed, approximate
value of contract at the time of award, date
of award and date of scheduled completion
of work. Date of actual start, actual completion
and final value of contract should also be
given.
d) List of works on hand indicating description :
of work, Contract value, approximate value
of balance work yet to be done and date of
award.
NOTE:
1. In case of items (c) and (d) above, supportive
documents/certificates from the organizations with whom they
worked/are working should be enclosed.
2. Certificates from private individuals for whom such works are
executed/being executed should not be enclosed.
20

AGREEMENT
Form-1
AN AGREEMENT made this …………………………………. day on two
thousand………… between ………………………………………………herein (after referred
to as “the contractor”) of the one part and the President of
India, acting in the premises through the Sr.Divisional
Electrical Engineer(TR-D)/East Central Railway/Dhanbad
(hereafter referred to as the Purchaser) of the other part.
Whereas in response to a call for tender for
………………………………………. ………………………………………………………………………………………………... as
per tender paper No. ……………………………………………………………. at
Annexure –‘A’ hereto the contractor has submitted a tender
as per Annexure-‘B’ hereto and whereas the said tender of the
contractor has been accepted for …………….. ……………………………………..as
per copy of letter of acceptance of Tender
No………………………………………………………dated………………………………. completed with
enclosures at the accepted rates and agreed deviations from
the said tender papers as per Annexure-“C”. Rs………………………………
(Rupees …………………………………………………………………………………………..only).
Now this agreement with witnesses that in consideration
of the premises and the payment to be made by the Purchaser
to the Contractor provided for herein below the Contractor
shall supply all equipments and materials and execute and
perform all works for which the said tender of the Contractor
has been accepted strictly according to various provision in
Annexure-“A & C” hereto and upon such supply, execution and
performance to the satisfaction of the Purchaser, the
Purchaser shall pay to the contractor at the several rates
accepted as per the said Annexure-“C “ and in terms of the
provisions therein.
In witness whereof the parties have hereinto set and
subscribed their respective hands and/or scale the day and
year respectively mentioned against their respective
signatures.
Signed and delivered at …………………by Shri
………………………………...for and on behalf of M/s. ……………………
…………………………….the Contractor within named in the presence of :-
1. Signature : ……………………………………………………..
Date : ……………………………………………………..
Name in Block Letters : …………………………………………………….
Address : ……………………………………………………..
2. Signature : ……………………………………………………
Date : ……………………………………………………
Name in Block Letters : ……………………………………………………
Address : ……………………………………………………
21

Signed and derived at ………………………. for an on behalf of the
President of India by Shri ……………………… …………….East Central
Railway, Dhanbad in the presence of :
1. Signature : ………………………………………………………...
Name in Block Letters : ………………………………………………………...
2. Signature : ………………………………………………………...
Name in Block Letters : ………………………………………………………...
Annexure – “A” : Tender Papers No. ……………………………………………………….
Annexure – “B” : Firm’s Tender No. ………………………………………………………
Annexure– “C” : Letter of acceptance of Tender …………………………
Dated …………………………complete with enclosure.
22

FORM-2
STANDING INDEMITY BOND FOR “ON ACCOUNT” PAYMENTS.
(On paper of requisite stamp value)
We, M/s. …………………………………………………………….hereby undertakes that
we hold at our stores depot/s at ……………………………………..for and on
behalf of the President of India acting in the premises
through the Sr.Divl.Elect.Engieer(TR-D)/East Central Railway,
Dhanbad (herein after referred to as the purchaser) and his
property in trust for him all imported and indigenous
materials/works for which on account Payments have been
made to us against the contractor for
…………………………………………………………………………………………………………………………………………………………………
……………….. vide letter of acceptance of tender No.:
………………………………………………dated………………. and materials handed over to
us by the purchaser for the purpose of execution of the said
contact, until such time the materials/works are duly erected
or otherwise handed over to him.
We shall be entirely responsible for the safe custody
and protection of the said materials against all rise till
they are dully delivered as erected equipment to the
purchaser or as he may direct otherwise and shall indemnify
the purchaser against any loss, damaged or deterioration
whatsoever in respect of the said materials while in our
possession and against disposal of surplus materials. The
said materials/works shall at all this be open for inspection
by any officer authorized by the purchaser.
Should any loss, damage or deterioration of
materials/works occur or surplus materials disposed off and
refund becomes due, the purchaser shall be entitled to
recover forms us the full cost as per prices included in the
contract and also compensation for such loss or damage, if
any also with the amount to be refunded without prejudice to
any other remedies available to him by deduction from any
such due or any sum which at any time hereafter becomes due
to us under the said or any other contract.
Dated , the ………………………………. ……….day of …………………
For and on behalf of
M/s. …………………………………………..
(Contractor)
Signature of witness:-
Name of witness ( in Block capital letters):………………………………………………………
Address : ……………………………………………………………………………………..
23

SCHEDULE OF RATES
Name of Work : Repairing of Vehicle No.BR-14P-1508.
Annexure- III/A
Item Description Part No. Unit Quantity Rate Breakup of rate
Total Amount
No. of item
Store Cash/ In Figure In words
Labour
1
2 3 4 5 6 6A 6B 7 8
1 Body shell O10AK0010N No 1
CED
2 Front door LH 0081277 No. 1
9
3 Front Door RH 0081278 No 1
4 Rear Door LH 0080476 No 1
5 Rear Door RH
No 1
008047
6 Back Door Assly. 0088506 No. 1
7
Wheel Rim 0088273 No 4
8 King Pin Bearing 0019401 No 4
Knuckle Kit (908226 No 1
10 Front Axle Bim 0057565 No 1
11 Tie Rod End 0018277 No 1
12 Windshield Glass 0081170 No 1
13 Front Hub
0019406 No 4
Bearing
14 Radiator
No 1
Assembly 0082511
15 Piston Ring Set 9420001125 Set 1
16 Valve Kit 9420000674 No 1
24

Item Description
Part No. Unit Quantity Rate Breakup of rate
Total Amount
No. of item
Store Cash/ In Figure In words
Labour
1
2 3 4 5 6 6A 6B 7 8
17 Main Bearing 1St. 7902101900 No 1
18 Big End Bearing 1 St .
19
20
9420000480 No 1
Valve Tappet 7910031879 No 8
Gasket Set1St 79020003811M Set 1
21 Main Bearing oil 00085768 No 2
seal
22 Thrust washer 7932566164 No 1
23
24
Cooling Fan 791007436 No 1
Heater Plug 7932567717 No 4
25 Hub Oil Seal 0502CA0080N No 4
26
27
28
29
Bonnet Assembly 0098829 No 1
Clutch Plate 0085075 No 1
Pressure Plate 0071509 No 1
Release bearing 0088661 No 1
30 Hub Bearing 00644366 No 1
31
32
Clutch Fork 0630012 No 1
Spring 0630017 No 1
33 Kit Universal Joint 0906929 No 2
34 Wheel cylinder kit 0055878 No 4
25

35 Rear wheel cylinder 0032284 No 2
kit
36 Front Brake shoe 0055873 No 1
37 Rear Brake shoe 0092291 No 1
38 Rear Bumper LH 0088412 No 1
39 Rear Bumper RH 0088413 No 1
40 Front feeder LH 00029803 No 1
41 Front feeder RH 00298804 No 1
42 Kit steering lock 0098433 No 1
43 Indicator Lamp LH 0090860 No 1
44 Indicator Lamp RH 0090861 No 1
45 Side Marker Lamp 0065872 No 1
46 Grease G001 Kg 1
47 Engine Oil MAX56K Ltrs 8
48 Oil Filter EK3807A No 1
49 Diesel Filter 7902000096 No 2
50 Head Light Assly 1701AA0170N No 2
51 Rear indicator Lamp
LH
52 Rear Indicator Lamp
RH
17030A0030N No
17030A0020N No
1
1
26

Description Part No. Unit Quantity Rate Breakup of rate
Total Amount
of item
Store Cash/ In Figure In words
Labour
1
2 3 4 5 6 6A 6B 7 8
53 Engine Mounting 9420000295 No 2
54 Fuel Tank Assly 0078293
No 1
55
56
Valve Seat 7932560798 No 8
Front Bumper 0098710 No 1
1
Body shell
change
No 1
Labour Charge
2
3
4
Painting &
Denting full
vehicle
No 1
Engine
No 1
Overhauling
F.I.Pump O/H No 1
5
General work
like Hub
greasing type of
Elect/Mech.Job
No 1
Signature of Tenderer with Seal
27

Annexure-III(B)
Special Terms & Conditions
1. Terms of payment:
85% payment shall be made against each work order after
deducting the necessary taxes as per para 27.10 and any
amount due on account of penalty.
2. The offer of those tenderer shall be considered who have
their service center/garage with all facilities necessary for
repair of a Mahindra & Mahindra make commander jeep.
3. Shifting of vehicles from Dhanbad to their workshop/service
center is to be done by the firm at their own arrangement.
4. Items to be used in repairing of vehicles should be original
of Mahindra & mahindra company. Tenderer will have to provide
the documentary evidence of purchased all parts replaced from
authorized M&M service center/dealer.
5. Minor repairing , if required during repairing of the
vehicle is to be done by firm itself.
6. All released materials should be handed over to SSE/TRD/DHN.
29

Annexure-IV
EXPLANATORY
NOTES
1. For item No. (1) to (56) as enlisted in schedule of
rates (Annexure-III/A), has to be replaced in course of
repairing, with new and original spare parts of Mahindra
& Mahindra make. The supporting documentary evidence
should be produced to the purchaser in proof of
genuineness and OEM spare parts before fitment in the
vehicle.
**********
29