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Shed and pit cleaning of DEMU car Shed Budgam - Northern Railway

Shed and pit cleaning of DEMU car Shed Budgam - Northern Railway

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OFFICE OF THE SR.DME <strong>DEMU</strong> Car <strong>Shed</strong>NORTHERN RAILWAY,<strong>Budgam</strong>.TENDER NO: - <strong>DEMU</strong>/ BDGM /S&PC/Tender/11-2“<strong>Shed</strong> <strong>and</strong> <strong>pit</strong> <strong>cleaning</strong> <strong>of</strong> <strong>DEMU</strong> <strong>car</strong> <strong>Shed</strong> <strong>Budgam</strong> ”TENDER DOCUMENTISSUED TO: M/S. ____________________________________________________________________________________________________________________________________________________________________________________ISSUED BY: Sr. DME/ (<strong>DEMU</strong>),<strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> CAR <strong>Shed</strong>,<strong>Budgam</strong>.Price <strong>of</strong> Tender document Rs.1000/- (Rupees Five Hundred only) in cash <strong>and</strong> Rs.1500/- by postNote: All these tender documents shall be returned in original by the tenderer duly signed <strong>and</strong> stampedon each page with their <strong>of</strong>fer.


NORTHERN RAILWAYOFFICE OF THESR. DIVISIONAL MECHANICAL ENGINEER (<strong>DEMU</strong>)BUDGAMTENDER DOCUMENT- <strong>DEMU</strong>/ BDGM /S&PC/Tender/11-2CONTENTSSection – I : Schedule <strong>of</strong> requirementsSection – II : Offer FormSection –III : Technical SpecificationSection – IV : Instruction to TenderersSection – V : General Conditions <strong>of</strong> ContractSection – VI : Special Conditions <strong>of</strong> Contract


NORTHERN RAILWAYOffice <strong>of</strong> theSr. Divisional Mechanical Engineer (<strong>DEMU</strong>)BUDGAM.Tender No. --- - <strong>DEMU</strong>/ BDGM /S&PC/Tender/11-2With Tender Document (Sections)1. Last date <strong>of</strong> submission <strong>of</strong> <strong>of</strong>fer : 14.03.11 Time at 15.00 Hrs.2. Date <strong>of</strong> opening Tender. : 14.03.2011 Time at 15.15 Hrs.3. Cost <strong>of</strong> Tender Papers. : Rs. 1000/- (Rs.1500/- by Post)4. Earnest money to be deposited : Rs. 26070/-5. Completion Time : One year from date <strong>of</strong> Award <strong>of</strong> contractName <strong>and</strong> Address <strong>of</strong> firm/ ContractorTo whom Tender sold.………………………………………………………….……………………………………………….……………………………………


NORTHERN RAILWAY<strong>DEMU</strong> CAR SHED BUDGAMSECTION -ISCHEDULE OF REQUIREMENTSS.NO.PARTICULARS1 Name <strong>of</strong> Work : <strong>Shed</strong> <strong>and</strong> <strong>pit</strong> <strong>cleaning</strong> <strong>of</strong> <strong>DEMU</strong> <strong>car</strong> <strong>Shed</strong><strong>Budgam</strong>2 Work to be done : As per Tender Document3 Approximate value : Rs. . 13,03,483/-4 Place <strong>of</strong> Work : <strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> Car <strong>Shed</strong>, <strong>Budgam</strong>5 Cost <strong>of</strong> Tender: Rs.1000/-(Rs.1500/- by post)Document6 Earnest Money : Rs. 26070.007 Last Date & Timesubmission <strong>of</strong> Tender: 14.3.2011 at 15.00 hrs.8 Tender opening date <strong>and</strong>time.: 14.3.2011 at 15.15 hrs.9 Validity <strong>of</strong> <strong>of</strong>fer. : 90 Days from the opening <strong>of</strong> tender.10 Completion Time : One year from date <strong>of</strong> award <strong>of</strong> contract.


OFFER Form<strong>Shed</strong> <strong>and</strong> <strong>pit</strong> <strong>cleaning</strong> <strong>of</strong> coaches based at DMU <strong>car</strong> shed <strong>Budgam</strong>S.QTYName <strong>of</strong> activityNo.Total areaScheduleAmount quoted (In Fig’s &in words for one year1 Complete sweeping <strong>of</strong> shed floor 3374.60 sq.m On dailybasis2 Complete mechanized <strong>cleaning</strong> <strong>of</strong>heavy repair bay3 Complete mechanized <strong>cleaning</strong> <strong>of</strong>Maintenance block2875 sq.m. On dailybasis2109 sq.m On dailybasis4 Mechanised <strong>cleaning</strong> <strong>of</strong> toilets 6 toilets blocks(4blocks +4attached toiletseq. to 2 blocks)On dailybasis twice aday5 Disposal <strong>of</strong> refuse 0.5 metric tonnes Once ineveryfortnight6 Cleaning <strong>of</strong> window panes <strong>of</strong> heavyrepair bay <strong>and</strong> light repair bay inside<strong>and</strong> outside the shed7 Mechanised <strong>cleaning</strong> <strong>of</strong> <strong>pit</strong> wheellathe shed with <strong>pit</strong>8 Mechanised <strong>cleaning</strong> <strong>of</strong> light repairbay3716 nos Once ineveryfortnight679.4.sq.m On dailybasis3938.67 sq.m On dailybasisTaxes if anyTotalSignature <strong>of</strong> tenderer


4.4 The earnest money <strong>of</strong> the successful tenderer will be retained by the <strong>Railway</strong> as part <strong>of</strong> security forthe due <strong>and</strong> faithful fulfillment <strong>of</strong> the contract by the successful tenderer.4.5 If the successful tenderer fails to furnish the security deposit as required <strong>and</strong> fails to return formalagreement with acceptance, then the earnest money shall be liable to be forfeited by the “Engineer”.4.6 Any tender not accompanied by the earnest money in one <strong>of</strong> the approved forms given in clause4.1 as above shall not be considered.Value <strong>of</strong> the work (tender value)For works estimated to cost upto Rs.1croreFor works Estimated to cost more thanRs. 1 croreEMD2% <strong>of</strong> the estimated cost <strong>of</strong> the work.Rs. 2 lakhs plus ½ % (half percent) <strong>of</strong> the excess <strong>of</strong>estimated cost <strong>of</strong> work beyond Rs. 1 crore subject toa maximum <strong>of</strong> Rs. 1 crore.5.0 Submission <strong>of</strong> <strong>of</strong>fers:5.1 All <strong>of</strong>fers shall be either type written or written neatly indelible Ink.5.2 Any individual (s) signing the tender or other documents connected therewith shall specify whether he issigning.5.3 As sole proprietor <strong>of</strong> the concern or attorney <strong>of</strong> the sole proprietor.5.4 As a partner or partners <strong>of</strong> the firm.5.5 As a Director, Manager or Secretary <strong>of</strong> a Limited company duly authorized by a resolution passed by theboard <strong>of</strong> Director or in pursuance <strong>of</strong> the authority conferred by memor<strong>and</strong>um <strong>of</strong> association.5.6 In the case <strong>of</strong> a firm not registered under the Indian Partnership Act, all the partners or the attorney dulyauthorized by all <strong>of</strong> them should sign the tender <strong>and</strong> all other connected documents. The original power <strong>of</strong>attorney Or other documents empowering the individual or individuals to sign should be furnished to theEngineer” for verification, if required.5.7 All prices <strong>and</strong> other information like document sets having a bearing on the price shall be written both infigures <strong>and</strong> words in the prescribed <strong>of</strong>fer form.5.8 Offer in the prescribed form should be addressed to the Sr. Divisional Mechanical Engineer, <strong>DEMU</strong> Car<strong>Shed</strong>, <strong>Northern</strong> <strong>Railway</strong>, <strong>Budgam</strong>. The tender should be submitted in a sealed cover super scribed with thename <strong>of</strong> work.5.9 Offers shall be as per the Indian <strong>Railway</strong>s General <strong>and</strong> Special Conditions <strong>of</strong> Contract.5.10 In case <strong>of</strong> any deviation from the requirement <strong>of</strong> tender specifications, Instructions to Tenderers orGeneral & Special Conditions <strong>of</strong> contract, the same should be brought out by the tenderer as per Performain Annexure 'D’.5.11 Each page <strong>of</strong> the <strong>of</strong>fer must be numbered consecutively, should bear the tender number <strong>and</strong> should besigned <strong>and</strong> stamped by the tenderer at the bottom. A reference to the total number <strong>of</strong> pagescomprising the <strong>of</strong>fer must be made at the top right h<strong>and</strong> corner <strong>of</strong> the first page.5.12 All the copies <strong>of</strong> Annexure enclosed with the tender paper should be duly filled in by the tenderer <strong>and</strong>submitted along with the tender duly signed <strong>and</strong> stamped on each page.


5.13 The tenderer should avoid ambiguity in his <strong>of</strong>fer e.g. if his <strong>of</strong>fer is to his st<strong>and</strong>ard sizes/lengths/dimensions.He should specifically state them in details without any ambiguity. Brief descriptions such as ‘St<strong>and</strong>ardlengths‘etc should be avoided in the <strong>of</strong>fer6.0 Local conditions:It will be imperative for each tenderer to fully acquaint him <strong>of</strong> all the local conditions <strong>and</strong> factors which wouldhave any effect on the performance <strong>of</strong> the contract <strong>and</strong> the cost <strong>of</strong> item <strong>of</strong> works. The “Engineer’ shall notentertain any request for clarification from the tenderers regarding such local conditions. No request forchange <strong>of</strong> price or time schedule <strong>of</strong> completion <strong>of</strong> work shall be entertained after the <strong>of</strong>fer is accepted by the“Engineer’. The tenderer can visit the place <strong>of</strong> proposed work to underst<strong>and</strong> the site conditions <strong>and</strong> correctappreciation <strong>of</strong> volume <strong>of</strong> work to be done, if necessary.7.0 Payment terms:7.1 The st<strong>and</strong>ard payment terms subject to recoveries <strong>of</strong> any amount under the liquidated damage clause <strong>of</strong>contract will be as under-Payment will be made to the firm / contractor on quarterly basis on submission <strong>of</strong> bill based on actual workdone satisfactorily. After completion <strong>of</strong> each activity, a bill for payment in four copies should be accompaniedwith challan, inspection certificate, guarantee certificate valid income tax clearance certificate shall besubmitted to this <strong>of</strong>fice for arranging payments through accounts department. Security money shall berefunded after expiry <strong>of</strong> warranty/guarantee period <strong>and</strong> satisfactorily fulfillment <strong>of</strong> the all warranty/guaranteeobligations.8.0 Deductions:9.0 Prices:Payment as in clause 7 above shall be subject to deductions <strong>of</strong> any amount for which the contractor is liableunder the contract against this tender or any other contract in respect <strong>of</strong> which the President <strong>of</strong> India is thecontracting authority.9.1 The prices are to be quoted by the tenderers in the <strong>of</strong>fer form as per Annexure “A”. Prices shall be quotedby the firm on rupees basis. Rates quoted by the tenderer shall remain firm <strong>and</strong> valid for at least 90 daysform the date <strong>of</strong> opening <strong>of</strong> tenders irrespective <strong>of</strong> market fluctuation.9.2 Any statutory duties/ taxes etc. applicable shall be quoted in the <strong>of</strong>fer. No claim for taxes/duties etc. madesubsequently shall be entertained. The rates quoted must not in any circumstances be altered or erased.Unless otherwise stated by the tenderers, in case <strong>of</strong> turn key type work contract, all the items essential <strong>and</strong>st<strong>and</strong>ard for proper functioning <strong>of</strong> work would be deemed to have been included in the price quoted by thetenderer. Otherwise, the tenderers should specifically quote the price if any for such additional items.10.0 Acceptance <strong>of</strong> tender:10.1 The “Engineer” may accept a tender for a part <strong>of</strong> the quantity <strong>of</strong>fered, reject any tender without assigningany reason <strong>and</strong> may not accept the lowest or any tender.10.2 Acceptance <strong>of</strong> tender will be communicated by a formal acceptance letter (by registered post) <strong>of</strong> the tenderdirect to the contractor, which may be deemed to conclude the contract. The delivery period/completionperiod will be deemed to have commenced from the date <strong>of</strong> dispatch <strong>of</strong> this letter.11.0 Effect <strong>and</strong> validity <strong>of</strong> <strong>of</strong>fer:11.1 The submission <strong>of</strong> any <strong>of</strong>fer connected with these specifications <strong>and</strong> documents shall constitute anagreement that the tenderer shall have no cause <strong>of</strong> action or claim against the “Engineer” for rejection <strong>of</strong> his<strong>of</strong>fer. The “Engineer” shall always be at liberty to reject or accept any <strong>of</strong>fer or <strong>of</strong>fers at his sole discretion <strong>and</strong>


any such action will not be called into question <strong>and</strong> the tenderer shall have no claim in that regard againstthe “Engineer”.11.2 The <strong>of</strong>fer shall be kept valid for a minimum period <strong>of</strong> 90 calendar days from the date <strong>of</strong> opening <strong>of</strong> tender,within which the tenderer will not be entitled to rescind or to withdraw his <strong>of</strong>fer. Not withst<strong>and</strong>ing this, if thetenderer rescinds his <strong>of</strong>fer within the period stipulated above, the earnest money deposited by him alongwith the tender shall be liable for forfeiture at the sole discretion <strong>of</strong> the Sr. Divisional Mechanical Engineer/N.Rly, <strong>DEMU</strong> Car <strong>Shed</strong> <strong>Budgam</strong> <strong>and</strong> in that case the tenderer shall have no further claim on the amountdeposited by him as earnest money.11.3 Offers shall be deemed to be under consideration immediately after they are opened <strong>and</strong> until such the<strong>of</strong>ficial intimation <strong>of</strong> award <strong>of</strong> contract is made by the <strong>Railway</strong>s to the tenderers. While the <strong>of</strong>fers are underconsiderations, tenderer <strong>and</strong> /or their representatives or other interested parties are, advised to refrain fromcontacting the “Engineer” by any means. If necessary, the “Engineer” will obtain clarifications on the <strong>of</strong>fersby requesting for such in formations from any or all the tenderers, either in writing or through personalcontacts, as may be considered necessary. Tenderer will not be permitted to change the substance <strong>of</strong> their<strong>of</strong>fers after the <strong>of</strong>fers have been opened.12.0 Income Tax Clearance Certificate:All tenderers must submit current Income Tax Clearance Certificate in original or a Photostat copy there<strong>of</strong>,along with their <strong>of</strong>fers, failing which their <strong>of</strong>fers are liable to be rejected.13.0 General:The tenderers must ensure that the conditions laid down for submission <strong>of</strong> <strong>of</strong>fers detailed in the precedingparas, are completely <strong>and</strong> correctly fulfilled. Tenders, which are not complete in all respects as stipulatedabove, may be summarily rejected14.0 Last date for receipt <strong>of</strong> tenders:14.1 The <strong>of</strong>fers complete in all respect should reach the not later than 15.00 hrs on the date specified in the“Schedule <strong>of</strong> Works”.14.2 The tenders received shall be opened in the presence <strong>of</strong> such <strong>of</strong> the tenderers or their representatives, whomay like to be present at 15.00 hrs. on the date specified in the “Schedule <strong>of</strong> Works” <strong>and</strong> where practicablethe name <strong>of</strong> tenderers <strong>and</strong> the rates tendered by them will be read out.


1 DEFINITIONS:GENERAL CONDITIONS OF CONTRACTThroughout the tender document the following definitions shall apply:-i) The “Engineer” means Indian <strong>Railway</strong>s, <strong>Northern</strong> <strong>Railway</strong> acting through Chief MechanicalEngineer/<strong>Northern</strong> <strong>Railway</strong>/ New Delhi, Chief Motive Power Engineer (Diesel)/<strong>Northern</strong> <strong>Railway</strong>/New Delhi,Divisional <strong>Railway</strong> Manager, Ferozpur, Sr. Divisional Mechanical Engineer <strong>DEMU</strong> Car <strong>Shed</strong> <strong>Budgam</strong>, onbehalf <strong>of</strong> the President <strong>of</strong> India.ii)iii)iv)The “Inspecting Officer”/”Inspector” means the person, firm or department nominated by the “Engineer” toinspect the work on his behalf <strong>and</strong> the deputies <strong>of</strong> the Inspecting Officer so nominated.The “Contractor” means the person, firm or company with whom the order for the execution <strong>of</strong> thework/supply is placed <strong>and</strong> shall be deemed to include the contractors’ successors (approved by the“Engineer”), representatives, heirs, executors <strong>and</strong> administrators as the case may be, unless excluded bythe terms <strong>of</strong> the `contract’.‘Contract’ means <strong>and</strong> includes the notice inviting Tenders, Instructions to the Tenderers, TechnicalSpecifications & Drawings, General Conditions <strong>of</strong> Contract, Acceptance <strong>of</strong> Tender, special conditions <strong>of</strong>contract, particulars <strong>and</strong> others specified in the Acceptance <strong>of</strong> Tender <strong>and</strong> also includes repeat order whichhas been accepted or acted upon by the contractor <strong>and</strong> a formal agreement, if executed.v) ‘Equipment’ means the material/part/component proposed to be ordered on the contract forfabrication/design/testing/manufacture/commissioning/repairs (The required materials may or may not beprovided by the “Engineer”) according to the clauses <strong>of</strong> the Technical Specifications included in the TenderDocument, it shall also include the Plant <strong>and</strong> Machinery/Machine Tools proposed for repair/overhaul/reconditioning(spares parts for the purpose may or may not be provided by the “Engineer”) according to theTechnical Specifications included in the tender document.2. EXECUTION:The whole contract is to be executed in the most approved, substantial <strong>and</strong> workman like manner, to theentire satisfaction <strong>of</strong> the “Engineer” or his nominee, who, both personally <strong>and</strong> by his deputies shall be freeto inspect the work at such times as he may deem fit <strong>and</strong> to reject any <strong>of</strong> the item(s) <strong>of</strong>work/store/material which he may disapprove, <strong>and</strong> his decision there<strong>of</strong>, <strong>and</strong> on any question <strong>of</strong> the trueinterpretation <strong>and</strong> meaning <strong>of</strong> the specifications, shall be final <strong>and</strong> conclusive.3. Information relating to tender may be obtained from the “Engineer” on any working day during <strong>of</strong>fice workinghours.4. Essential conditions:Tenders not accompanied by the following are liable to be rejected.a) Income tax clearance certificate.b) Earnest money as indicated in the ‘Instructions to Tenderer”.c) Full particulars <strong>of</strong> contractor’s license/Registration with small scale Industries department/National smallIndustries corporation clearly indicating the class at nature <strong>of</strong> license/ Registration no. (photocopies <strong>of</strong>license or registration to be attached).d) Particular <strong>of</strong> similar contracts h<strong>and</strong>led by the tenderers previously with the total amount involved in eachcase <strong>and</strong> in pro<strong>of</strong> <strong>of</strong> which certificate to be furnished.


(e)The authority for acceptance <strong>of</strong> tender will rest with the “Engineer” who does not bind themselves to acceptthe lowest or any other tender nor do them under take to assign any reason for declining to consider anyparticular tender or tenders <strong>and</strong> no correspondence will be entertained by them with the tenderer(s) in thisregard.f) If the tenderer(s) deliberately gives wrong information in his tender or creates circumstances for acceptance<strong>of</strong> his tender, the “ Engineer” reserves the right to reject such tender(s) <strong>and</strong> in the case <strong>of</strong> the successfultenderer(s) to cancel the contract on any stage.g) If the tenderer expires/ dies after the submission/acceptance <strong>of</strong> his tender the “Engineer” shall deem suchtender as cancelled. If a partner <strong>of</strong> a firm expire after the submission <strong>of</strong> the tender or after the acceptance <strong>of</strong>the tender the “Engineer” shall deem such tender as cancelled unless the firm retains its character.h) The “Engineer” reserves the right to distribute the work between one or more tenderer(s).5. Security depositi) Security deposit:: a. The Earnest money deposited by the contractor with his tender will be retainedby the railway as part <strong>of</strong> security for the due <strong>and</strong> faithful fulfillment <strong>of</strong> the contract by the contractor.The balance to make up the security deposit, the rates for which are given below, may be depositedby the contractor in cash or may be recovered by percentage deduction from the contractor’s “onaccount” bills. Provided also that in case <strong>of</strong> defaulting contractor the <strong>Railway</strong> may retain anyamount due for payment to the contractor on the pending “on account” bills. So that the amount soretained may not exceed 10 %<strong>of</strong> the total value <strong>of</strong> contractii) The successful tenderer will be required to deposit a sum <strong>of</strong> Rupees equal to 5% <strong>of</strong> the total value <strong>of</strong> thecontract. The rate <strong>of</strong> recovery should be at the rate <strong>of</strong> 10% <strong>of</strong> the bill amount till the full security deposit isrecovered. Security deposit will be recovered only from the running bills <strong>of</strong> the contract <strong>and</strong> no other mode <strong>of</strong>collecting SD such as SD in the form <strong>of</strong> instrument like BG, FD, etc. shall be accepted towards SecurityDeposit. The security deposit will be returned to the contractor after the physical completion <strong>of</strong> the work ascertified by the Competent Authority. The competent authority shall be normally being the authority that issigning the contract. If this competent authority is <strong>of</strong> the rank lower than JA grade, then a JA grade <strong>of</strong>ficer(concerned with the work) should issue the certificate. The certificate inter alias should mention that the workhas been completed in all respects <strong>and</strong> the entire contractual obligation have been fulfilled by the contractor<strong>and</strong> that there is no due from the contractor to railways against the contract concerned. Before releasing theSD, an unconditional <strong>and</strong> unequivocal no claim certificate from the contractor concerned should be obtainediii) No interest will be payable upon the Earnest money <strong>and</strong> security deposit or amount payable to the contractorunder the contract6. Performance Guarantee:a. The successful bidder shall submit a Performance Guarantee (PG) in the form <strong>of</strong> an irrevocable bankguarantee amount to 5% <strong>of</strong> the contract value.b. A Performance Guarantee shall be submitted by the successful bidder after the letter <strong>of</strong> acceptance hasbeen issued, but before signing <strong>of</strong> the agreement. The agreement should normally be signed within 15 daysafter the issue <strong>of</strong> LOA <strong>and</strong> the Performance Guarantee shall also be submitted within this time limit. Thisguarantee shall be initially valid up to the stipulated date <strong>of</strong> completion plus 60 days beyond this. In case,the time for completion <strong>of</strong> work gets extended, the contractor shall get the validity <strong>of</strong> Performance Guaranteeextended to cover such extended time for completion <strong>of</strong> work plus 60 days.c. The Performance Guarantee (PG) shall be released after the physical completion <strong>of</strong> the work based on the“Completion Certificate” issued by the competent authority stating that the contractor has completed thework in all respects satisfactorily. The security deposit, however, shall be released only after the expiry <strong>of</strong>the maintenance period <strong>and</strong> after passing the final bill based on “No Claim Certificate”.d. Wherever the contract is rescinded, the security deposit shall be forfeited <strong>and</strong> the Performance Guaranteeshall be encashed <strong>and</strong> the balance work shall be got done independently without risk <strong>and</strong> cost <strong>of</strong> the failedcontractor. The failed contractor shall be debarred from participating in the tender for executing the balancework. If the failed contractor is a JV or a partnership firm, then every member partner <strong>of</strong> such a firm shall be


debarred from participating in the tender for the balance work either in his/her individual capacity or as apartner <strong>of</strong> any other JV partnership firm.e. The Engineer shall not make a claim under the Performance Guarantee except for amounts to which thePresident <strong>of</strong> India is entitled under the contract (not referred letter dated 4.4.96 shall continue to beenforced. However, the existing upper limit prescribed at 15% <strong>and</strong> 25% (vide para 1(b) <strong>and</strong> 1(e) <strong>of</strong> Board’sletter dated 4.4.96 referred above) for price variation claim st<strong>and</strong>s deleted.i) Failure by the contractor to extend the validity <strong>of</strong> the Performance Guarantee as described hereinabove, in which even the Engineers may claim the full amount <strong>of</strong> the Performance Guarantee.ii)iii)Failure by the contractor to pay President <strong>of</strong> India any amount due, either as agreed by thecontractor or determined under any <strong>of</strong> the Clauses/conditions <strong>of</strong> the agreement, within 30 days <strong>of</strong>the service <strong>of</strong> notice to this effect by Engineer.The contract being determined or rescinded under provision <strong>of</strong> the GCC the PerformanceGuarantee shall be forfeited in full <strong>and</strong> shall be absolutely at the disposal <strong>of</strong> the President <strong>of</strong> India.7 AGREEMENTSuccessful tenderer(s) shall have to execute Agreement in the st<strong>and</strong>ard forms within 15 days <strong>of</strong> the date <strong>of</strong>issue <strong>of</strong> the “Letter <strong>of</strong> Acceptance”. If the tenderer(s) fails or refuses to enter in to such agreement afterhaving been informed in writing, the “Engineer” shall be entitled to forfeit the earnest money.8. Responsibility <strong>of</strong> the Contractor for executing contract:8.1 Risk in the equipments up to delivery:The contractor shall perform the contract in all respects in accordance with the terms <strong>and</strong> conditions there<strong>of</strong>.The equipment <strong>and</strong> every constituent part there<strong>of</strong>, whether in the possession or control <strong>of</strong> the contractor, hisagents or servants or a <strong>car</strong>rier, or in the joint possession <strong>of</strong> the contractor, his agents or servant <strong>and</strong> the“Engineer” his agents or servants shall remain in every respect at the risk <strong>of</strong> the contractor until their actualdelivery to the consignee at the stipulated place or destination or where so provided in the acceptance <strong>of</strong> thetender, until their delivery to a person specified in the “tender documents”. The contractor shall beresponsible all loss, destruction, damage or deterioration <strong>of</strong> or to the equipment from any cause what soever, while the equipments, after approved by the inspecting <strong>of</strong>ficer are awaiting dispatch or delivery or arein the course transit from the “contractor” to the consignee. The contractor alone shall be entitled <strong>and</strong>responsible to make claim against <strong>Railway</strong> Administration or any other <strong>car</strong>rier in respect <strong>of</strong> non-delivery,short delivery, mis-delivery, loss, destruction, damage or deterioration <strong>of</strong> the goods entrusted to such <strong>car</strong>rierby the contractor for transmission to the consignee.Consignee’s right <strong>of</strong> rejection.i) Notwithst<strong>and</strong>ing any approval which the inspecting <strong>of</strong>ficer may have given in respect <strong>of</strong> the equipment orany materials or the work or workmanship involved in the performance <strong>of</strong> the contract (whether with orwithout any test <strong>car</strong>ried out by the contractor or the inspecting <strong>of</strong>ficer under the direction <strong>of</strong> the inspecting<strong>of</strong>ficer <strong>and</strong> notwithst<strong>and</strong>ing delivery <strong>of</strong> the equipment, it shall be lawful for the consignee, on behalf <strong>of</strong> the “Engineer” to reject the equipment or any part / portion <strong>of</strong> consignment there<strong>of</strong> with in 90 days after actualdelivery to him at the place or destination specified in the tender documents if such material or part/ portion<strong>of</strong> consignment there<strong>of</strong> is not in all respects in conformity with the terms <strong>and</strong> conditions <strong>of</strong> the contractwhether on account <strong>of</strong> any loss <strong>of</strong> damage before dispatch or delivery or during transit or otherwise.ii)The provision contained in the clause relating to the removal <strong>of</strong> equipments rejected by the Inspector shall,mutates mutants, apply to “equipments or part there<strong>of</strong>” rejected by the consignee as herein provided.


9 Indemnity:9.1 The contractor shall at all times indemnify the “Engineer” against all claims which may be made in respect <strong>of</strong>the said work for infringement <strong>of</strong> any right protected by patent registration. Design or trade mark, providedalways that in the event <strong>of</strong> any claim in respect <strong>of</strong> an alleged breach <strong>of</strong> a patent, Registration or trade markbeing made against the “Engineer” he shall notify the contractor <strong>of</strong> the same <strong>and</strong> the contractor shall be atliberty, but at his own expense to conduct negotiation for settlement <strong>of</strong> any litigation that may arise therefrom.10 Prices:10.1 The prices stated are to include all costs <strong>of</strong> stamping, painting, marking, protection or preservation <strong>of</strong> theequipments <strong>and</strong> any claim whatsoever that may arise from the manufacture, packing transportation, markingor delivery <strong>of</strong> equipment in accordance with those considerations <strong>and</strong> include payment by the contractor <strong>of</strong>all rights (if any) <strong>of</strong> patent, registered design or trade mark <strong>and</strong> the contractor shall indemnify the “Engineer”against all claims in respect <strong>of</strong> the same.11. Transfer <strong>and</strong> Subletting:11.1 The contractor shall not sublet (otherwise that which may be customary in the trade concerned), transfer,assign or otherwise part with directly or indirectly to any person or persons, whatever is in this contract, orany part there<strong>of</strong> without the previous written permission <strong>of</strong> the “Engineer” or his nominee.12 Drawings:12.1 5 sets <strong>of</strong> drawings wherever applicable shall be supplied by the “Engineer” to the contractor free <strong>of</strong> cost.12.2 If any figure(s) data/dimensions upon a drawing differs from those obtained by scaling the drawings, thefigure(s)/data/dimensions shown in the drawing(s) shall be taken as correct. However, in case <strong>of</strong> doubt thecontractor may refer the same to the “Engineer” whose decision will be final <strong>and</strong> binding.13 Alterations:13.1 The “Engineer” or his nominee may require such alteration to be made on the work, during its progress ashe deems necessary. Should these alterations be such that either party to the contract considers analteration in price justified, such alterations shall not be <strong>car</strong>ried out until accepted by the “Engineer(s)”.Should the contractor proceed to manufacture such equipment without obtaining the consent in writing <strong>of</strong> the“Engineer” to an amended price, he shall be deemed to have agreed to execute the contract at a price asmay be considered reasonable by the Engineer or without any extra price if considered reasonable by theEngineer.14 Progress Report:14.1 The contractor shall submit monthly progress reports as to the progress <strong>of</strong> the contract <strong>and</strong> in such form asmay be called for by the Engineer or his nominee. The submission <strong>and</strong> acceptance <strong>of</strong> these reports shall notprejudice the rights <strong>of</strong> the Engineer in any manner.15 Packing:15.1 The contractor shall be held responsible for the equipment being sufficiently <strong>and</strong> properly packed so as toensure their being free from any loss or injury or arrival at their destination.16 Supply <strong>of</strong> Drawing, Tracing <strong>and</strong> Specifications:16.1 Any drawing, tracing or description specified shall, unless otherwise directed, be furnished by the contractorwith the first consignment <strong>of</strong> the equipment to which they relate <strong>and</strong> no payment whatsoever will be madeuntil such drawing, tracing or description have been furnished to satisfaction <strong>of</strong> the Engineer.


17.0 Corrupt gift <strong>and</strong> payment <strong>of</strong> commission:17.1 Any bribe, commission, gift or advantage given, premises <strong>of</strong>fered by or on behalf <strong>of</strong> the contractor, hisagents or servants, or any one on his/their behalf to any employee, representative or agent <strong>of</strong> the Engineeror any persons on his behalf in relation to the execution <strong>of</strong> this or any other contract, the Engineer shall inaddition to the criminal liability under the laws in force, subject the contractor to cancellation <strong>of</strong> this <strong>and</strong> allother contracts with the Engineer, <strong>and</strong> also to payment <strong>of</strong> any loss resulting from any such cancellationsunder clause “DEFAULT CONTRACT” given below <strong>and</strong> the Engineer shall be entitled to deduct the amountto payable from any money otherwise due to the contract under this or any other contract. Any question ordispute as to the commission <strong>of</strong> any <strong>of</strong>fence under the present clause shall be settled by the Engineer insuch manner as may be that fit <strong>and</strong> sufficient <strong>and</strong> his decision shall be final; <strong>and</strong> conclusive on the matter.18 Completion period:18.1 The earliest possible date <strong>of</strong> completion <strong>of</strong> each activity / activities is required. The Engineer attachesutmost importance to timely completion <strong>and</strong> requests the contractor to take note <strong>of</strong> the ‘Liquidated Damages<strong>and</strong> risk contract’ conditions as are applicable in case <strong>of</strong> delay <strong>of</strong> execution <strong>of</strong> works. Attention <strong>of</strong> contractoris invited to the fact that delay in completion <strong>of</strong> any activity /activities beyond the target date fixed for thatactivity/ activities will attract liquidated damages.19. Liquidated Damages:19.1 In the event <strong>of</strong> the contractor’s failures to execute the work to the satisfaction <strong>of</strong> the Engineer / Inspecting<strong>of</strong>ficer by the time or times respectively specified in the letter <strong>of</strong> acceptance or as indicated in the schedule<strong>of</strong> requirement the Engineer may withhold any payment until the whole contract has been executed <strong>and</strong> maydeduct or recover from the contractor as liquidated damages (<strong>and</strong> not by way <strong>of</strong> penalty) a sum @ ½% (HalfPercent) per week or part there<strong>of</strong> on the total contract value. Provided, however, that if the delay shall havearisen from any cause which the Engineer may admit as reasonable ground for further time the (Engineermay in his discretion allow such additional time as he may consider to have been required by thecircumstance <strong>of</strong> the case <strong>and</strong> shall forego the whole or such part, as he may consider reasonable <strong>of</strong> hisclaim for such loss or damage as aforesaid.20 Default <strong>and</strong> risk Contract:20.1 Should the Contractor fail to execute the Contract by the time or times agreed upon as aforesaid, or shouldthe contractor in any manner otherwise fail to perform the contract or should it have a receiving order madeagain position with its creditor, or suspend payment (or being accompany should enter into liquidation eithercompulsory or voluntary) the Engineer shall have power to declare the contract at the end at the risk <strong>and</strong>cost <strong>of</strong> the contractor as provided, in every way. In such a case the contractor shall be liable for anyliquidated damages for delay as provided above <strong>and</strong> for any expenses, losses or damages which theEngineer may be put to incur or sustain by reason <strong>of</strong> or in connection with the contractor’s default.20.2 In the event <strong>of</strong> ‘Risk Contract’ being made against this contract, the contractor shall be liable to pay to theEngineer extra expenditure incurred i.e. in getting the contract executed by an alternative party includingthe difference between the rate <strong>of</strong> the defaulting contractor <strong>and</strong> that at which the risk contract isconcluded provided it is done within 01 year from the date <strong>of</strong> breach <strong>of</strong> the contract.20.3 The cancellation <strong>of</strong> the contract may be either for whole or part <strong>of</strong> the contract at Engineer’s option. In theevent <strong>of</strong> the Engineer terminating this contract in whole or in part he may procure upon such terms <strong>and</strong> insuch manner as he deems appropriate, supplies/services/ work similar to those so terminated <strong>and</strong> if riskcontract is not rendered possible for any reason in which event the contractor shall be liable to the Engineerfor any excess cost for such similar supplies/services/work provided that the contractor shall continue theperformance <strong>of</strong> this contract to the extent not terminated under the provisions <strong>of</strong> this clause.


21. Force majeure:In the event <strong>of</strong> any unforeseen event directly interfering with the execution <strong>of</strong> works, arising during thecurrency <strong>of</strong> the contract, such as insurrection, restraint imposed by the Government, act <strong>of</strong> legislative orother authority, war, fire, floods, explosions, epidemics, quarantine restriction, strikes, lockout, or acts <strong>of</strong>God, the contractor shall, with in a weak from the commencement there<strong>of</strong>, notify the same in writing to theEngineer with reasonable evidence there<strong>of</strong>. If the force majeure condition mentioned above be in force for aperiod <strong>of</strong> 90 days or more at any times, the Engineer shall have the option to terminate the contract onexpiry <strong>of</strong> 90 days <strong>of</strong> commencements <strong>of</strong> such force majeure by giving 14 days notice to the contractor inwriting. In case <strong>of</strong> such termination, no damage shall be claimed by either party against the other, save <strong>and</strong>except those, which had occurred under any other clause <strong>of</strong> the contract prior to such termination.22. Postponement:22.1 The successful tenderer(s) / contractor(s) shall have no claim what so ever against the Engineer if the workis postponed to a later date, closed down for completion over a longer period, suspended in the course <strong>of</strong>execution or ab<strong>and</strong>oned either in part or whole in the over all interest <strong>of</strong> the <strong>Railway</strong> Administration or forany reason beyond the control <strong>of</strong> Engineer / Administration. The decision <strong>of</strong> the Engineer in this regard shallbe final <strong>and</strong> binding on the tenderer(s)/ contractor(s).23. Inspection:23.1 Inspection shall be <strong>car</strong>ried out by the Inspecting <strong>of</strong>ficer or his nominee. The cost <strong>of</strong> Inspection will be onEngineer’s account subject to other provisions herein contained. At least 04 weeks notice must be given tothe inspection authority to enable him to arrange the necessary inspection.24. Facilities for test <strong>and</strong> examination:i) The contractor shall provide, without extra charge, all materials, equipment, tools, labour <strong>and</strong> assistance <strong>of</strong>every kind which the Engineer or his nominee may consider necessary for any tests <strong>and</strong> examination whichhe or his nominee shall require to be made on the contractor’s premises <strong>and</strong> shall pay all costs attendedthereon.ii)The contractor shall also provide <strong>and</strong> deliver free <strong>of</strong> charge, at such places as the Engineer or his nomineemay require for test by chemical analysis or independent testing machines. The cost <strong>of</strong> any such test will bedefrayed by the contractor.25. Notification <strong>of</strong> Result <strong>of</strong> Inspection:Unless other wise provided in the specification <strong>of</strong> “Schedule <strong>of</strong> Requirement” the inspection <strong>of</strong> the work willbe made as soon as practicable after the same have been submitted for inspection <strong>and</strong> the results <strong>of</strong> theinspection will be notified to the contractor.25.1 Dispatch <strong>of</strong> Equipment:At least 15 days before dispatch <strong>of</strong> the equipment by the contractor, the contractor shall inform the Engineer<strong>of</strong> such intent so that the Engineer may depute his Inspecting <strong>of</strong>ficer to inspect the equipment beforedispatch if considered necessary by him.25.2 Inspection notes:On the equipment being found acceptable by the Inspecting <strong>of</strong>ficer, he shall furnish the contractor withnecessary copies <strong>of</strong> the Inspection notes/ certificate duly completed, for being attached to the contractor’sbill in support there<strong>of</strong>.


26. Inspecting <strong>of</strong>ficer – Powers <strong>of</strong> rejection:26.1 The Inspecting <strong>of</strong>ficer shall have the following powers:i) Before any equipment or part there<strong>of</strong>, during or after manufacturing, are submitted for inspection, to certifythat they are not in accordance with the contract owing to the adoption <strong>of</strong> any unsatisfactory method <strong>of</strong>manufacture.ii)iii)iv)To reject the equipment or part there<strong>of</strong> submitted as not being in accordance with the requirement <strong>of</strong> theTender document.To reject the whole <strong>of</strong> the installment tendered for inspection, if after inspection <strong>of</strong> such portion there<strong>of</strong>, ashe may in his discretion think fit, he is satisfied that the same is unsatisfactory.To mark the rejected equipment with a rejection mark, so that they may be easily identified if re-submitted.26.2 The Inspecting <strong>of</strong>ficer’s decision as regards the rejection shall be final <strong>and</strong> binding on the contractor.27. Consequences <strong>of</strong> rejection:27.1 If, on the “ Equipment’ or part there<strong>of</strong> being rejected by the Inspecting <strong>of</strong>ficer or by the consignee at thecontractor’s premises or at destination, the contractor fails to provide satisfactory replacements/rectificationwithin the stipulated period <strong>of</strong> delivery, the Engineer shall be at liberty to: -i) Request the contractor to replace the rejected equipment forthwith but in any event not later than a period <strong>of</strong>21 days from the date <strong>of</strong> rejection <strong>and</strong> the contractor shall bear all the cost <strong>of</strong> such replacement, includingfreight, if any, on such replaced equipment but without being entitled to any extra payment or on any otheraccount.ii)iii)Purchase or authorize the purchase <strong>of</strong> part / whole quantity <strong>of</strong> the equipment rejected or others <strong>of</strong> a similardescription (when equipments exactly complying with the particulars are not, in the opinion <strong>of</strong> the Engineerwhich shall be final, readily available) without notice to the contractor at the latter’s risk <strong>and</strong> cost <strong>and</strong> withoutaffecting the contractor’s liability as regard to the supply <strong>of</strong> any further installment due under the contract, orCancel the contract <strong>and</strong> purchase or authorize the purchase <strong>of</strong> the equipments or others <strong>of</strong> a similar,description (when equipments exactly complying with the particular are not, in the opinion <strong>of</strong> the Engineerwhich shall be final, readily available) at the risk <strong>and</strong> cost <strong>of</strong> the contractor. In the event <strong>of</strong> action being takenunder sub-clause (ii) above or this sub-clause, the provisions to the clauses relating to liquidated damages<strong>and</strong> default <strong>and</strong> risk contract shall apply as far as practicable.27.2 Removal/replacement <strong>of</strong> rejected equipment <strong>of</strong> part there<strong>of</strong>:On rejection <strong>of</strong> any equipment submitted for inspection at a place other than the premises <strong>of</strong> the contractor,such equipments shall be removed by the contractor at his own cost, subject to as hereinafter stipulated,within 14 days <strong>of</strong> the date <strong>of</strong> intimation <strong>of</strong> such rejection. If communication in this regard is addressed <strong>and</strong>posted to the contractor at the address mentioned in the tender, it would be deemed to have been served onhim at the time when such communication would in course <strong>of</strong> ordinary post reach the contractor. Providedthat the Inspecting Officer may call upon the contractor to remove dangerous, infected or perishableequipments within 48 hours on the receipt <strong>of</strong> such communications <strong>and</strong> the decision <strong>of</strong> the Inspector in thisbehalf shall be final in all respects. Provided further that where the price, for part there<strong>of</strong> has been paid, theconsignee is entitled without prejudice to his other rights to retain the rejected equipment till the price paidfor such equipment is refunded by the contractor <strong>and</strong> that such retention shall not in any circumstances bedeemed to be the acceptance <strong>of</strong> the equipment or waiver <strong>of</strong> rejection there<strong>of</strong>.27.3 All rejected equipment shall in any event <strong>and</strong> circumstances remain <strong>and</strong> always are at the risk <strong>of</strong> thecontractor, immediately on such rejection. If such equipment are not removed by the contractor within the


period aforementioned, the inspector may remove the rejected equipment <strong>and</strong> either return the same to thecontractor at his risk <strong>and</strong> cost by such mode <strong>of</strong> transport <strong>and</strong> retain such portion <strong>of</strong> the proceeds, ifany, from such disposal, as may be necessary to recover any expense incurred in connection with suchdisposals (or any price refundable as a consequence <strong>of</strong> such rejection). The Engineer shall in addition, beentitled to recover from the contractor the h<strong>and</strong>ling <strong>and</strong> storage charges for the period during which therejected equipment are not removed/disposed <strong>of</strong>f in accordance with the provision there<strong>of</strong>.28 Arbitration:28.1 The event <strong>of</strong> any question, dispute or difference arising under these conditions or any special conditions <strong>of</strong>contract, or instructions to tenderers or in connection with this contract (except as to any matter thedecision which is specifically provided for by these conditions or instructions to tenderers or the specialconditions) the same shall be referred to the sole arbitration <strong>of</strong> a Gazetted <strong>Railway</strong> Officer appointed to beArbitrator, by General Manager, <strong>Northern</strong> <strong>Railway</strong>, New Delhi. The Gazetted <strong>Railway</strong> Officer to be appointedas Arbitrator, however, will not be one <strong>of</strong> those who had an opportunity to deal with the matters to which thecontract relates or who in the course <strong>of</strong> his duties as a railway servant had expressed views on all or any <strong>of</strong>the matters under dispute or difference. The award <strong>of</strong> the arbitrator shall be final <strong>and</strong> binding on the partiesto this contract.28.2 In the event <strong>of</strong> the Arbitrator denying, neglecting or refusing to act, or resigning or being unable to act forany reason or his award being set aside by the court for any reason, it shall be lawful for the authorityappointing the arbitrator to appoint another arbitrator in place <strong>of</strong> the out going arbitrator in the manneraforesaid.28.3 It is further a term <strong>of</strong> this contract that no person other than the persons appointed by the authority asaforesaid should act as arbitrator <strong>and</strong> that if for any reason that is not possible the matter is not to bereferred to arbitration at all.28.4 The arbitrator may from time to time with the consent <strong>of</strong> all the parties to the contract enlarge, the time formaking the sward.28.5 Upon every or any such reference, the assessment <strong>of</strong> the cost incidental to the reference <strong>and</strong> awardrespectively shall be at the discretion <strong>of</strong> the arbitrator.28.6 Subject to as aforesaid, the arbitration Act-1940 <strong>and</strong> the rules there under <strong>and</strong> any statutory modificationthere<strong>of</strong>, for the time being in force, shall be deemed to apply to the arbitration proceedings under this clause.28.7 Work under the contract, if reasonably possible if so decided by the Engineer may continue during thearbitration proceedings <strong>and</strong> no payment due to or payable by the Engineer shall be withheld on account <strong>of</strong>such proceedings.28.8 The venue <strong>of</strong> arbitration shall be the place from which the contract is issued, or such other place as thearbitrator at his discretion may determine.28.9 In this clause the authority to appoint the arbitrator includes, if their be no such authority, the <strong>of</strong>ficer, for thetime being discharging the functions <strong>of</strong> that authority, whether in addition to other, functions or other wise.29. Accommodations <strong>and</strong> <strong>Railway</strong> Passes: <strong>Railway</strong> will not provide any pass or accommodation to thecontractor29.1 No accommodation shall normally be given to any contractor(s) or staff/Supervisors for the purpose <strong>of</strong> stay.However, in every special case as decided by the Engineer accommodation on a temporary basis may begiven for the purpose <strong>of</strong> undertaking re-conditioning work <strong>of</strong> machine tools or repair <strong>of</strong> plant <strong>and</strong> machineryat the Engineer’s works. Suitable working space with material h<strong>and</strong>ling facilities/Electric power/water may beprovided free <strong>of</strong> cost to the contractor(s) or staff/Supervisor(s) along with facilities for the <strong>car</strong>riage <strong>of</strong> anymaterial/tools/Instruments etc. if considered necessary by the Engineer.


30. Disputes:30.1 Any dispute arising out <strong>of</strong> interpretation <strong>of</strong> Drawings, specification or any terms <strong>and</strong> conditions includingspecial condition <strong>of</strong> the contract or arising during the execution <strong>of</strong> the work / contract, shall be settled by theEngineer <strong>and</strong> his decision shall be final <strong>and</strong> binding on the contractor / tenderer(s).31. Completion Schedule:31.1 The contractor shall complete the work in accordance with the delivery schedule indicated in the schedule <strong>of</strong>requirements/ technical specification. The contractor shall clearly indicate the earliest possible time from thedate <strong>of</strong> issue <strong>of</strong> letter <strong>of</strong> acceptance <strong>of</strong> tender, by which he can commence <strong>and</strong> complete the work.31.2 Delivery <strong>of</strong> the equipment shall be F.O.R Engineer’s premises.32. Taxes / Duties:Any statutory taxes / duties is applicable shall be paid to the contractor at actual <strong>of</strong> the basis <strong>of</strong> documentaryevidence to be furnished by him. These should be indicated by him along with the prices quoted in histender.32.1 Excise duty, as statutorily leviable shall be reimbursed by the Engineer after verification by the payingauthority, <strong>of</strong> the excise gate pass document evidencing the payment <strong>of</strong> the same. Under the extentorders, while self- removal procedure is in vogue the gate pass may be admitted as evidence <strong>of</strong> payment <strong>of</strong>excise duty. The rate <strong>of</strong> duty may however be indicated by the contractor <strong>and</strong> verified with reference to thenotification(s) issued by the Ministry <strong>of</strong> Finance from time to time.32.2 The contractor shall obtain set <strong>of</strong>f <strong>of</strong> Excise duty for such <strong>of</strong> the free supply raw material/ steel / spare parts/ components as also components procured by him on behalf <strong>of</strong> the President <strong>of</strong> India on which excise dutyshall already been paid under item 60 <strong>of</strong> new central excise tariff or any other relevant item <strong>of</strong> the tariffas applicable from time to time <strong>and</strong> the same shall be past on by the contractor to the Engineer. Thecontractor shall maintainall necessary record required as per extant rules in this regard for claiming set <strong>of</strong>f <strong>of</strong>duty which thus accrues to the Engineer shall be indicated by him along with his bills while claimingpayments for the work. He shall furnish to the Engineer a certificate that the set <strong>of</strong>f <strong>of</strong> excise duty oncomponents procured by him, as admissible, hasbeen attained in full <strong>and</strong> has been passed on to theEngineer in full.32.3 The liability <strong>of</strong> the Engineer to reimburse excise duty is limited to such sum as may be found legally due <strong>and</strong>payable in respect <strong>of</strong> contracted goods after availing the full credit under MODVAT Rules on all theinputs usedin the manufacture <strong>of</strong> the equipment irrespective <strong>of</strong> whether the contractor has in fact availed <strong>of</strong>the said credit or not.32.4 The contractor shall furnish a certificate in the following Performa along with the bill:i) The rate <strong>of</strong> Excise duty is ……….. % ad valorem. The Excise duty at present legally leviable in this case isRs. …………….. i.e. ……………. % on Rs………….. being the unit value <strong>of</strong> the equipment as assessed bythe collector <strong>of</strong> excise area.ii)iii)Certified that the Excise duty charged on this bill is not more than what is legally leviable <strong>and</strong> payable underthe provisions <strong>of</strong> the relevant Act or Rules made thereunder.Certified that the amount <strong>of</strong> Rs. ………… claimed as Excise duty in this bill, is in accordance with theprovisions <strong>and</strong> the rules in all respects <strong>and</strong> that the same has been actually paid to the Excise authority inrespect <strong>of</strong> the equipment covered by the bill.


iv)Certified that in respect <strong>of</strong> the equipment covered by the bills, exemption in Excise duty has been availed <strong>of</strong>in terms <strong>of</strong> the Department <strong>of</strong> Revenue <strong>and</strong> Banking notification number G.S.R. 409 (E) dt. 16.06.78. * Noexemption in Excise duty in terms <strong>of</strong> the Department <strong>of</strong> Revenue <strong>and</strong> Banking notification number G.S.R.409 (F) Dt. 16.06.76 has been availed <strong>of</strong> an accordingly excise duty <strong>of</strong> Rs…………. Per Ton has beenclaimed <strong>and</strong> included in the bill.1 NOTE: - Strike out portion not applicable.32.5 Contractor’s statutory auditor’s certificate once a year as to whether any refunds have been obtained by thecontractor or not in the preceding financial year after the annual audit <strong>of</strong> his accounts, also indicating thedetails <strong>of</strong> such refunds, if any shall be submitted by the contractor.32.6 Sales Tax: - The contractor shall have to comply with statutory obligations under Sales Tax on WorksContract Act-1999. The contractor(s) <strong>car</strong>rying out business <strong>of</strong> execution <strong>of</strong> Works contract have been madeliable to pay Sales Tax on the taxable turnover <strong>of</strong> the sales involving transfer <strong>of</strong> property in goods in theexecution <strong>of</strong> the Works Contract. If any Sales Tax Registration No. is obtained from the Sales TaxDepartment, the photocopy <strong>of</strong> the same must be enclosed duly attested by the authorized personnel with theTender Form. The original Cash Memo is to be enclosed in support <strong>of</strong> Sales Tax paid by the contractorduring the entire period <strong>of</strong> contract (from the date <strong>of</strong> commencement to the last date the contract will expire).In case if Sales Tax is not paid, the %age <strong>of</strong> tax as directed by the Sales Tax Department will be deductedfrom each “On account bills) till the contract ends. The action will be taken by the Sales Tax Department forthe non-compliance <strong>of</strong> this rule under Sub-Section (F), (H) & (1) <strong>of</strong> Section 14 <strong>of</strong> Sales Tax on WorksContract Act, 1999.33. The contractor shall be required to furnish a Bank guarantee for free supply <strong>of</strong> raw material / steel in thePerforma attached vide Annexure in case raw material / steel for the work is supplied by the Engineer. Incase <strong>of</strong> machine tools given to the contractor for re-conditioning for repairs at the contractor’s works /premises, the contractor shall have to furnish a Bank guarantee to cover the present value <strong>of</strong> the same.However, in case where it is not considered necessary by the Engineer to insist on Bank guarantee, anindemnity bond in the performa indicated vide Annexure shall be furnished by the contractor.34. 2% <strong>of</strong> the total contract value as Income Tax will be deducted from the bill as per extent rules <strong>of</strong> <strong>Railway</strong> <strong>and</strong>an additional surcharge as applicable on the Income Tax payable amount will also be deducted from the bill.


SPECIAL CONDITIONSPART-IIThese special conditions supplement the general condition <strong>of</strong> the contract for works in <strong>DEMU</strong> Car <strong>Shed</strong>,<strong>Budgam</strong> which is amended <strong>and</strong> or corrected up to date. Whatever provisions <strong>of</strong> these conditions are invariance with the general conditions these special conditions shall prevail.1.0 SCOPE AND DETAILS OF THE WORK.1.1 AS PER ANNEXURE- AS PER SCHEDULE OF WORK.2.0 LAWs GOVERNING THE CONTRACT.The contract shall be governed by law for the time being in force in the republic <strong>of</strong> India.3.0 INCOME TAX.The contractor shall personal employed by him shall pay such taxes like Income Tax as payable understatutory laws <strong>of</strong> India <strong>and</strong> the RAILWAY WILL NOT ACCEPT any liability for the same.4.0 COMMUNICATION TO BE IN WRITING.All notes, communications, reference <strong>and</strong> complaints made by the <strong>Railway</strong> or the <strong>Railway</strong>’s representativeor the contractor Inter-se concerning the works shall be in writing <strong>and</strong> no notices, communications, referenceor complaints not in writing shall be recognized.The contractor shall furnish to the Sr. Divisional Mechanical Engineer/BDGM the name designation <strong>and</strong>address <strong>of</strong> his authorized agent <strong>and</strong> all complaints, notices, communications <strong>and</strong> reference shall be deemedto have been duly given to the contractor, if delivered to the contractor or his authorized agent or left at orposted to the address so given <strong>and</strong> shall be deemed to have been so given in the case <strong>of</strong> posting on the dayon which they would have reached such address in the ordinary course <strong>of</strong> post or on the day on which theywere so delivered or left. In the case <strong>of</strong> contract by partners, any change in the constitution <strong>of</strong> the firm shallbe forthwith notified by the contractor to the sr. Divisional Mechanical Engineer/BDGM.5.0 All stages <strong>of</strong> work <strong>of</strong> auditing process shall be done to the mutual convenience.6.0 EXTENSION OF THE TIME ON RAILWAY’s ACCOUNT.In the event <strong>of</strong> any failure or delay by the <strong>Railway</strong> to furnish to the contractor, data <strong>and</strong> other salientparticulars necessary for progressing with the design drawing tender schedules or to give the necessarynotice to commence the works or any other delay caused by the <strong>Railway</strong> due to any other cause what soever, then such failure or delay shall in no way affect or vitiate the contractor to damages or compensationthere<strong>of</strong> but in any such case the <strong>Railway</strong> may grant such extension or extensions <strong>of</strong> the completion date asmay be considered reasonable.7.0 MATTERS FINALLY DETERMINED BY THE RAILWAY.All disputes <strong>and</strong> differences <strong>of</strong> any kind what so ever arising out <strong>of</strong> or in connection with the contract,whether during the progress <strong>of</strong> the works or after the completion <strong>and</strong> whether before or after thedetermination <strong>of</strong> the contract shall be referred by the contractor to the <strong>Railway</strong> <strong>and</strong> <strong>Railway</strong> shall returnwithin a reasonable time after their representation make <strong>and</strong> modify decision there on in writing. Thedecision, direction <strong>and</strong> certificates with respect <strong>of</strong> any matters the decision <strong>of</strong> which is specially provided forby these or other special conditions given <strong>and</strong> made by the <strong>Railway</strong> represented by Sr. DivisionalMechanical Engineer/BDGM be referred here in after as “Expected Matters” <strong>and</strong> shall be final <strong>and</strong> bindingupon the contractor <strong>and</strong> shall not be set a side on account any informality, omission, delay or error inproceedings, in or about the same or any other ground or for any other reason <strong>and</strong> shall be without appeal.


8.0 TERMS OF PAYMENT.8.1 The schedule <strong>of</strong> work along with rate, amount is furnished in the Annexure-__.8.2 100% payment for each activity will be made as soon as possible after completion <strong>of</strong> each activity.The payment will be made to the firm / contractor on completion <strong>of</strong> the work satisfactorily. After completion<strong>of</strong> each activity, a bill for payment in four copies should be accompanied with challan, inspection certificate,guarantee certificate valid income tax clearance certificate shall be submitted to this <strong>of</strong>fice for arrangingpayments through accounts department. Security money shall be refunded after expiry <strong>of</strong>warranty/guarantee period <strong>and</strong> satisfactorily fulfillment <strong>of</strong> the all warranty/guarantee obligations.8.3 The claim for the payment has to be made in <strong>Railway</strong> St<strong>and</strong>ard bill form in duplicate in favor <strong>of</strong> Sr. DivisionalMechanical Engineer, <strong>DEMU</strong> Car <strong>Shed</strong> <strong>Budgam</strong>.8.4 All payments will be made only in Indian Currency.9.0 CHANGE IN THE SCOPE OF WORK.If during the project, it is found that Sr. Divisional Mechanical Engineer, <strong>DEMU</strong> Car <strong>Shed</strong> <strong>Budgam</strong>. wantschanges in the scope <strong>of</strong> work, then the contractor <strong>and</strong> the Sr. DME/BDGM may re-negotiate thecontract upon mutual agreement in writing. In the absence <strong>of</strong> a mutual agreement, the scope <strong>of</strong> the work willbe as detailed in Special Conditions <strong>of</strong> contract.10.0 FEE LUMP SUM.The fee quoted for different item as out lined shall be lump sum. No other charges are payable by Sr.DME/<strong>DEMU</strong>/BDGM. In the event <strong>of</strong> extension being given to the contractor by Sr. DME/<strong>DEMU</strong>/BDGM forcompleting the work on any ground (s) Sr. DME/<strong>DEMU</strong> /BDGM is not liable to pay any additional amount.Same holds good even if the contractor complete the work before stipulated time.11.0 The CONTRACTOR will conform to the <strong>Railway</strong>’s internal procedural requirements for payment with respectto “form <strong>of</strong> billing”, “enclosure to bill”, “certification” raising <strong>of</strong> bills against the <strong>Railway</strong> for the service underthis agreement etc. These internal procedural requirements such payments will be initiated by the RAILWAYto the CONTRACTOR at appropriate time, the CONTRACTOR will comply with all the internal procedureswith respects to entry into RAILWAY’s premises. Confidentiality <strong>of</strong> certain documents/drawings,acknowledgements etc, which are required for executing the works under this agreement.12.0 SUBMISSION OF CURRENT INCOME TAX CLEARANCE CERTIFICATE.Submission <strong>of</strong> “current & valid” income tax clearance certificate by the contractor is an essential requirementfor payment by the RAILWAY without which the payment will not be released to the CONTRACTOR. As perthe provision <strong>of</strong> Income Tax Act, 1961, deduction towards Tax deducted at source will be made.13.0 FORM OF PAYMENT.The Sr. DFM/N.Rly/FZR will make payment to the CONTRACTOR through crossed cheque in favour <strong>of</strong> thecontractor. Bank A/c no., branch code & bank address to be submitted by the tenderer14.0 CONFIDENTIALITY OF OFFICE DOCUMEMENTS


The documents/drawing <strong>and</strong> information etc. which the CONTRACTOR would have come across in thenormal course <strong>of</strong> the execution <strong>of</strong> this contract will not be divulged to any other party without the writtenconsent from the RAILWAY.15.0 ENTIRE AGREEMENT.15.1 The agreement between the parties shall consist <strong>of</strong> this agreement, parts <strong>and</strong> annexure attached hereto.The agreements <strong>and</strong> parts shall be executed in ENGLISH language in duplicate. The several documentsforming the agreement between the parties including the schedules hereto taken as mutually explanatory <strong>of</strong>one another15.2 The document comprising this agreement consisting <strong>of</strong> the agreement between the parties hereto shallsupersede <strong>and</strong> conceal all previous negotiations, writings, commitments or agreement as provided herein.This agreement may not be released, discharged, ab<strong>and</strong>oned, changed or modified in any manner, orally orotherwise except by an instrument in writing signed by duly authorized <strong>of</strong>ficer or representative <strong>of</strong> each <strong>of</strong>the parties hereto.15.3 The invalidity or unenforceability <strong>of</strong> any terms or provision <strong>of</strong> this agreement shall not affect the validity <strong>of</strong>enforceability <strong>of</strong> the remaining terms <strong>and</strong> provision which shall remain in force <strong>and</strong> effect unless suchinvalidity or enforceability does substantiality after the under lying intent <strong>of</strong> this agreement or where theinvalid or enforceable provisions comprise an integral part <strong>of</strong> other wise inseparable from the reminder <strong>of</strong>this agreement.15.4 If Sr. DME/BDGM at any stage <strong>of</strong> this Certifying agency contract decides to ab<strong>and</strong>on the work <strong>and</strong>terminates the contract owing to its own reasons what so ever, In such an event, Sr. DME/BDGM shall givenotice to that effect to contractor within a reasonable time.16.0 LIABILITY.Unless otherwise agreed upon specifically <strong>and</strong> confirmed by contractor in writing neither the contractor norits engineers or representatives are liable for any damage, loss or expense arising out <strong>of</strong> the services oradvice provided by contractor, its engineers <strong>and</strong> representatives. Nevertheless, contractor is liable in case <strong>of</strong>proven with full misconduct or gross negligence on its part or on the part <strong>of</strong> the engineers <strong>and</strong>representatives, in the case loss, damage or expenses incurred due to the advice or service provided bycontractor, its engineers or representatives. In no case shall the liability exceed the fees paid/payable tocontractor for the service or advice provided for particulars equipment, components or part there<strong>of</strong>, whichcauses the damage, loss or expense. Contractor, its engineers <strong>and</strong> representatives are not liable for anyconsequential loss, damage or expense.


Annexure-B.CHECK LIST1. Have you signed forwarding letter as per Performa <strong>of</strong> Annexure-G for submission <strong>of</strong> tender. Yes/No.2. Have you purchased the Tender Documents. Yes/No.3. Have you submitted Earnest Money in any <strong>of</strong> approved forms (Para 4 <strong>of</strong> Instructions to Tenderers). Yes/No.4. Have you furnished the performance statement (Para 2.1 (a) <strong>of</strong> Instructions to Tenderers,Tender Documents part-I).5. Have you submitted Banker’s report ( Para 1.3(ii) <strong>of</strong> Instruction to Tenderers,Tender Documents Part-I.).6. Have you furnished the statement <strong>of</strong> equipment & quality control (Annexure-F).Yes/No.Yes/No.Yes/No.7. Have you quoted in the prescribed Performa (Annexure-A). Yes/No.8. Have you furnished your Income tax clearance certificate (clause-12 <strong>of</strong> instructions to tenderers).Yes/No.9. Have you quoted completion period correctly <strong>and</strong> precisely. Yes/No.10. Have you kept your <strong>of</strong>fer valid for 120 days? Yes/No.11. Have you signed each page <strong>of</strong> your tender <strong>of</strong>fer? Yes/No.Signature & Seal <strong>of</strong> the Tenderer/Contractor.


Annexure-C.Performa for Statement <strong>of</strong> Deviations.1. The following are the particulars <strong>of</strong> deviation from the requirement <strong>of</strong> the Tender specification.Clause. Deviation. Remarks.(Including justification)2. The following are the particulars <strong>of</strong> deviation from the requirements <strong>of</strong> the instructions toTenderer, General & special conditions <strong>of</strong> contract.Clause. Deviation. Remarks.(Including justification)Signature & Seal <strong>of</strong> the Tenderer/Contractor.N.B.Where there is no deviation, the statement should be returned duly signed with anendorsement Indication ‘No Deviation’.


Annexure-D.INDEMNITY BOND(Refer General Conditions <strong>of</strong> Contract)INDEMNITY FOR SAFE CUSTODY OF ___________________.We M/s……………………………………………………… (Hereinafter called thecontractor) hereby undertake that we shall hold at your works at <strong>DEMU</strong> CAR SHED,<strong>Northern</strong> <strong>Railway</strong>, BUDGAM for <strong>and</strong> on behalf <strong>of</strong> the President <strong>of</strong> India <strong>and</strong> in trust forhim the material/articles (mentioned here in below) which may be <strong>and</strong>/or which has beenmade over to us. In connection with the manufacture <strong>of</strong>……………………………………………….. (Name <strong>and</strong> description <strong>of</strong> work) againstcontract No.…………………………………………. Dated………………Name & description <strong>of</strong> itemQuantityAs perschedule <strong>of</strong>work.We shall be <strong>and</strong> remain absolutely responsible for the safe custody <strong>and</strong> protection <strong>of</strong> thesaid material/ articles against all risks whatsoever till these are completely used againstthe above mentioned contract <strong>and</strong> duly delivered to the President <strong>of</strong> India or to hisrepresentative as he may direct <strong>and</strong> as such do hereby indemnify the President <strong>of</strong> Indiaagainst any loss <strong>and</strong>/or damage to the said material <strong>and</strong>/or article while in ourpossession/custody. The said material <strong>and</strong>/or articles shall, however, be at all timesopen to inspection by <strong>of</strong>ficers who may be authorized in that behalf by the Sr. DivisionalMechanical Engineer /N.Rly, BDGM or his nominee.Should, however at any time any loss or damage as aforesaid occur or a refund becomeotherwise due to the President <strong>of</strong> India, he or his representative shall be entitled torecover from us compensation for <strong>and</strong> in respect <strong>of</strong> such loss or damage if any, <strong>of</strong> theamount to be so refund without prejudice to any other remedies which may be otherwise


available to the said President <strong>of</strong> India by way <strong>of</strong> deduction from any sum due to/ or anysum which at any time hereafter may become due to us under this or any other contract.In the event <strong>of</strong> any loss or damage as aforesaid, the assessment <strong>of</strong> such loss or damage<strong>and</strong> the assessment <strong>of</strong> compensation therefore would be made by the President <strong>of</strong> Indiaor his authorized nominee <strong>and</strong> the said assessment would be final <strong>and</strong> binding upon us.Signature……………….……….Name ………………………….Firm’s name & address……………..…………….……………………………..............................................................................................................................................................................................................................................Annexure-E.FORWARDING LETTER FOR SUBMISSION OF TENDERLetter No.-…………………………………………… Dated……………………


To,The President <strong>of</strong> India,Acting through Sr. DME,<strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> Car <strong>Shed</strong>,<strong>Budgam</strong>.I/We-------------------------------------------------------------------------------------------------have read theterms & condition <strong>of</strong> Tender no. ---------------------------------------------------------------attached here to<strong>and</strong> agree to abide such conditions. I/We <strong>of</strong>fer to do the work <strong>of</strong> --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------at the rates quoted in the attached schedule <strong>of</strong> requirements <strong>and</strong> hereby bindmyself/ourselves to complete the work within six months from the date <strong>of</strong> issue <strong>of</strong> the letter <strong>of</strong>acceptance.I/We further agree to sign an agreement/ bond to abide by the condition <strong>of</strong> contract <strong>and</strong>to <strong>car</strong>ry out all works according to the specifications (Annexed here to) for materials <strong>and</strong> works tothe satisfaction <strong>of</strong> the Sr.Divl.Mech.Engineer, N. Rly, BDGM or his representative. In the case <strong>of</strong>acceptance <strong>of</strong> the tender by the Engineer, I/We bind myself/ourselves to execute the contractdocuments within the 15 days after the date <strong>of</strong> notice that the contract has been awarded tome/us <strong>and</strong> to commence the work within 7 days <strong>of</strong> the date <strong>of</strong> letter <strong>of</strong> acceptance failing whichI/We shall have no objection to the forfeiture <strong>of</strong> the earnest money ( Rs----------------)lodged with the Sr.DFM/<strong>Northern</strong> <strong>Railway</strong>/FZR.I have duly filled in <strong>and</strong> signed the checklist as given in Annexure-B <strong>of</strong> section III <strong>of</strong> tenderdocument.Contractors address:Name & signature <strong>of</strong> contractor------------------------------------ Dated: …….…………………..------------------------------------------------------------------------ Name & signature <strong>of</strong> witnesses.------------------------------------ 1…………………………………………2…………………………………………Annexure-F.PERFORMA FOR EQUIPMENTS AND QUALITY CONTROLTender No--------------------Date <strong>of</strong> opening 14.3.2011 at 15.15 Hrs.


Name <strong>of</strong> firm …………………………………………………………………………...Note: All details require only for the item tendered.1. Name <strong>and</strong> full address <strong>of</strong> the Firm/Contractor……………………………………………………………………..…………...…………………………………………………………………….2. Telephone & Fax No. Office/Factory/Works………………………………….3. Telephonic Address……………………………………………………………4. Details <strong>of</strong> License, wherever required as per statutory regulation.……………………………………………………………5. Details regarding similar work done in past..………………………………………………………………………………...6. Capacity <strong>of</strong> item quoted for……………………………………………………7. Details <strong>of</strong> staff:Number <strong>of</strong> staff employed indicating their minimum & maximum experience status in thefield <strong>of</strong> existing work.8. Organization available to render after sales & service.9. Organization & facilities available for quality Assurance.Signature & Seal <strong>of</strong> the Tenderer/Firm.


Annexure-ITENDERER'S PERFORMANCE STATEMENT.List <strong>of</strong> similar works doneName <strong>of</strong> work Performed at Payment receivedSignature & Seal <strong>of</strong> the Tenderer/Firm


TENDERER'S CREDENTIALS.Annexure-IIPlease fill in the questionnaire below: -1. Give details <strong>of</strong> your previous experience on supply, installation <strong>of</strong> similar equipment.2. Have you entered into technical collaboration with any consultants to assist you in this work?3. Give details <strong>of</strong> technical personal you would employ for execution <strong>of</strong> this contract <strong>and</strong> a brief note about theirqualification <strong>and</strong> experience.4. Give the names <strong>of</strong> principal manufacturers from whom supply is assured.5. Give the name <strong>of</strong> your Bankers <strong>and</strong> their reference.Note:- This form shall be filled precisely & with full details.Signature & Seal <strong>of</strong> the Tenderer/Firm


NORTHERN RAILWAYGENERAL CONDITIONSPART-I1. Sealed tenders are invited by the Sr. DME ,<strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> Car <strong>Shed</strong>/BDGM for <strong>and</strong>on behalf <strong>of</strong> President <strong>of</strong> India, for the under noted works, so as to reach Committee Room,DRM <strong>of</strong>fice complex, Firozpur not later than 15.00 hrs. on date: -14.3.2011.i) Name <strong>of</strong> work. : <strong>Shed</strong> <strong>and</strong> <strong>pit</strong> <strong>cleaning</strong> <strong>of</strong> <strong>DEMU</strong> shed <strong>Budgam</strong>.”ii) Approximate value <strong>of</strong> work. : Rs 1303483.00iii) Cost <strong>of</strong> Tender documents. : Rs. 1000/- (Rs.1500/- by post)iv) Earnest Money. : Rs. 26070.00v) Completion Time : one year2.The tender documents can be collected from the <strong>of</strong>fice <strong>of</strong> Sr.DME, <strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> Car <strong>Shed</strong><strong>Budgam</strong> on any working day up to 14.3.2011 -15.00 hrs. The tender documents shall be obtained from the<strong>of</strong>fice <strong>of</strong> Sr.DME, <strong>Northern</strong> <strong>Railway</strong>, <strong>DEMU</strong> Car <strong>Shed</strong> <strong>Budgam</strong> on production <strong>of</strong> money receipt/Dem<strong>and</strong>draft. The money receipt can be had from the Cashier, N. Rly.FZR, after paying the requisite cost <strong>of</strong> tender.If tender document is required by post, dem<strong>and</strong> draft <strong>of</strong> Rs. 1500/- in favour <strong>of</strong> Sr.DFM/ N. Rly/ FZR payableat FZR is to be sent. The cost <strong>of</strong> tender is not refundable. Tender documents are not transferable.ii)i) The tender must be sent in sealed cover subscribing tender No. Due date <strong>and</strong> time, <strong>and</strong> thename <strong>of</strong> work by registered post or deposited in the tender Box kept for this purpose in the CommitteeRoom, DRM Office , Firozpur,<strong>Northern</strong> <strong>Railway</strong>, on 14.03.2011 up to 15.00 hours. The tender box willbe sealed on 15.00 hrs (due date <strong>and</strong> time) <strong>and</strong> will be opened on same day immediately thereafter (at15.15 hrs) <strong>and</strong> rates will be read out in the presence <strong>of</strong> tenderers or their authorized representative.Tender received after due date <strong>and</strong> time will not be considered.iii) Any tender delivered or sent otherwise will be at the risk <strong>of</strong> tenderers. In case the date <strong>of</strong>opening is declared Holiday, the tender will be received <strong>and</strong> opened on the next working day at sametime <strong>and</strong> place.iv)The rates shall be quoted both in figure <strong>and</strong> words for each item.


v) If there is variation between the rate quoted in figures <strong>and</strong> in words, the rates quoted in `words'shall be taken as correct. If more than one or improper rates are entered for the same item, the tenderis liable to be rejected.3. The rate quoted by the tenderers shall be inclusive <strong>of</strong> all taxes, royalty, octroi etc. whicheverleviable <strong>and</strong> transportation charges from <strong>DEMU</strong> Car <strong>Shed</strong> BDGM to Firm <strong>and</strong> back to <strong>DEMU</strong> Car<strong>Shed</strong> BDGM. No claim for octroi or any other taxes etc. shall be entertained by the <strong>Railway</strong> atany later stage <strong>and</strong> on any grounds what so ever. All payments by Indian <strong>Railway</strong> shall be madeonly in Indian Rupees.4. The tenderers shall be required to deposit a sum <strong>of</strong> Rs. 26070.00 with tender as earnest money.5. Earnest money may be furnished in following forms:i) Deposit receipts, pay orders, dem<strong>and</strong> draft should be <strong>of</strong> either State Bank <strong>of</strong> India, or any <strong>of</strong> theNationalized Banks or Scheduled Banks or Cooperative Bank. No confirmation advice from Reserve Bank<strong>of</strong> India will be necessary.ii)Deposit receipts, pay orders <strong>and</strong> dem<strong>and</strong> drafts should be in favor <strong>of</strong> Sr.DFM/<strong>Northern</strong> <strong>Railway</strong>/FZR <strong>and</strong>payable at Ferozpur.6. i) The tender must be accompanied by a sum <strong>of</strong> Rs16500.00 as earnest money deposited in any <strong>of</strong>the forms mentioned above, failing which the tender will not be considered <strong>and</strong> rejected summarily. Thetenderer shall hold the <strong>of</strong>fer open till such date as may be specified in the tender. It is understood that thetender documents have been issued to the tenderer <strong>and</strong> the tenderer is being permitted to tender inconsideration <strong>of</strong> the stipulation <strong>of</strong> his part that after submitting his tender he will not resile from his <strong>of</strong>fer ormodify the terms <strong>and</strong> conditions there<strong>of</strong> in a manner not acceptable to the Sr.DME/N. Rly./ BDGM. If thetenderer fails to observe or comply with the foregoing stipulation the amount deposited, as earnest moneyfor the due performance for the above stipulation shall be forfeited by the <strong>Railway</strong>s. The earnest money <strong>of</strong>unsuccessful tenderers will save as here in before provided be returned to the unsuccessful tenderer, butthe <strong>Railway</strong> shall not be responsible for any loss, depreciation that may happen to the security for the dueperformance <strong>of</strong> the stipulation, to keep the <strong>of</strong>fer open for the period specified in the tender documents or tothe earnest money while in their possession nor be liable to pay interest thereon.ii)If the tender is accepted, the successful tenderer will have to deposit performance guarantee in favor <strong>of</strong>Sr.DFM/<strong>Northern</strong> <strong>Railway</strong>/FZR as mentioned in Para 6 <strong>of</strong> GCC <strong>and</strong> EMD will be adjusted in securitydeposit. Remaining amount <strong>of</strong> security deposit will be deducted at the rate <strong>of</strong> 10% <strong>of</strong> the bill amount till thefull security deposit is recovered or remaining <strong>of</strong> security deposited can be deposited in cash <strong>and</strong> the receiptmay be submitted to Sr.DME/N. Rly./ BDGM .The intending tenderer is advised to study the tender papers<strong>car</strong>efully <strong>and</strong> meticulously. The submission <strong>of</strong> tender shall be deemed to have been done after <strong>car</strong>eful study<strong>and</strong> examination <strong>of</strong> the tender papers with full underst<strong>and</strong>ing <strong>of</strong> the implications there<strong>of</strong>.8. The firm may indicate their own delivery/time schedule in their <strong>of</strong>fers.9. Tender containing erasures <strong>and</strong> alterations in the tender's documents are liable to be rejected. Anycorrection made by the tenderer/tenderers in his/their entries must be attested by him/them.10. The tenderer/tenderers is/are required to produce along with his/ their tender an authorized copy <strong>of</strong> IncomeTax Clearance Certificate or sworn affidavit duly counter signed by Income Tax Officers to the affect thathe/they has/have no taxable income. Documents satisfying to the Tenderers previous experience <strong>and</strong>financial status should be produced when desired by the <strong>Railway</strong> Administration.


11 Tenderers should submit the constitution <strong>of</strong> their firms <strong>and</strong> the power <strong>of</strong> attorney, if any. They are alsorequired to disclose whether they are <strong>car</strong>rying on business as individual as sole proprietors or one inpartnership firm, consisting <strong>of</strong> several names <strong>of</strong> partners or also in any company incorporated underCompanies Act.12. Possible fluctuation <strong>of</strong> market rates must be taken into consideration before quoting the rates <strong>and</strong> no claimon this account shall be entertained afterwards.13.a) No Scribbling is permissible in the tender documents <strong>and</strong> not special conditions are to be stipulated by thetenderer in the tender. He may do so in a separate covering letter.b) No reference to previous deposit <strong>of</strong> earnest money, security deposit for adjustment against the presenttender will be accepted <strong>and</strong> their request for recovery from any outst<strong>and</strong>ing bills for earnest money/ securitydeposit against present bill will not be entertained.14.a) The authority for the acceptance <strong>of</strong> the tender will rest with the Sr.DME/N. Rly./ BDGM or his accredited<strong>of</strong>ficer who reserve the right to divide the tender amongst more than one tenderer. If deemed necessary <strong>and</strong>also to reject any or all tenders received without assigning any reason <strong>and</strong> does not bind himself to acceptto assign any reason for declining to consider particular tender or tenders.b) The administration reserves the right to split up the work without reference to tenderers <strong>and</strong> may accept thetender in respect <strong>of</strong> any such portion <strong>of</strong> the work.15.a) The <strong>Railway</strong> administration reserve the right to modify the quantity from time to time whether it is anincrease or decrease in the scope <strong>and</strong> quantity <strong>of</strong> work (The quantity <strong>of</strong> work may increase as per railwayrules as will be mentioned in the Contract Agreement <strong>and</strong> the payment shall be made for the actual work<strong>car</strong>ried in that month). The tenderers shall not be entitled to any compensation but will be paid for as percontract for the actual work done.b) The tenderer shall quote for each unit <strong>of</strong> activities.16. The expression 'General Conditions ' <strong>of</strong> contract regulations <strong>and</strong> instructions for tenderers <strong>and</strong> st<strong>and</strong>ardforms <strong>of</strong> contract which forms the basis <strong>of</strong> contract wherever occurring in these papers shall be deemed tomean the following booklet viz. <strong>Northern</strong> <strong>Railway</strong>, Engineering Department General Conditions <strong>of</strong> contractregulations <strong>and</strong> instructions for tenderers <strong>and</strong> st<strong>and</strong>ard form <strong>of</strong> contract (latest) as corrected up to date.17 If the tenderer/s deliberately gives/give wrong information's in his/their tender, creates /create circumstancesfor the acceptance <strong>of</strong> his/their tender the railway reserves the rights to reject such tender at any stage.18.a) If a tenderer expires after the submission <strong>of</strong> his tender or after acceptance <strong>of</strong> his tender, the <strong>Railway</strong> shalldeem such tender as cancelled. If a partner <strong>of</strong> firm expires after the submission <strong>of</strong> their tender or after theacceptance <strong>of</strong> their tender, the <strong>Railway</strong> shall deem such tender as cancelled, unless the firm retains itscharacters.b) If the contractors/firm is dissolved on account <strong>of</strong> death or retirement <strong>of</strong> any partner or any reason,what so ever before fully completing the whole work or any part <strong>of</strong> it undertaken by the principalamendment The partner shall remain jointly severally <strong>and</strong> personally liable to go complete the wholework to the satisfaction <strong>of</strong> the <strong>Railway</strong> <strong>and</strong> pay compensation for loss sustained. if any, by the<strong>Railway</strong> due to such dissolution. The amount <strong>of</strong> such compensation shall be decided by the GeneralManager or his accredited <strong>of</strong>ficer <strong>and</strong> his decision in the matter shall be final <strong>and</strong> binding on thecontract.


19a) Tenderers must submit copies <strong>of</strong> certificates <strong>and</strong> testimonials with regard to their experience on the line <strong>of</strong>work <strong>and</strong> financial stability.b) All tenderers must fill in Performa Annexure-I for the performance statement <strong>and</strong> Performa Annexure-II forcredential <strong>of</strong> the tenderer <strong>and</strong> submit with the <strong>of</strong>fer failing which <strong>of</strong>fers are liable to be regretted.20. The earnest money will be refunded to unsuccessful tenderers in reasonable time, but shall be forfeited forbreach <strong>of</strong> any <strong>of</strong> the tender conditions <strong>of</strong> tender agreement <strong>of</strong> contract or if the contractor/s fails /fail toexecute the agreement bond or start work within a reasonable time (to be determined by the Engineer incharges)after notification <strong>of</strong> the acceptance <strong>of</strong> his/their tender.21. The earnest money <strong>and</strong> security deposit <strong>of</strong> the awarded contract shall be forfeited for breach <strong>of</strong> the any <strong>of</strong>the conditions <strong>of</strong> the tender agreement <strong>of</strong> contract <strong>of</strong> if the contractor/s fails/fail to execute the agreementbond or start work within a reasonable time (to be determined by the Engineer In charge) after notification <strong>of</strong>the acceptance <strong>of</strong> his/their tender.22. Tenderer shall keep the <strong>of</strong>fer open for a minimum period <strong>of</strong> 120 days from the date <strong>of</strong> opening <strong>of</strong> tender.Within that period the tenderer cannot withdraw his <strong>of</strong>fer subject to the period being extended further ifrequired by mutual agreement from time to time. Any contravention <strong>of</strong> the above condition will make thetender liable for forfeiture <strong>of</strong> his earnest money.23. Tenderer shall not increase his/their quoted rates in case the <strong>Railway</strong> administration negotiates forreduction <strong>of</strong> rates, such negotiations shall not amount cancellation or withdrawal <strong>of</strong> the original <strong>of</strong>fer <strong>and</strong> therates, quoted will be binding on the tenderers.24. The tenderer/s shall sign on every page <strong>of</strong> the tender document <strong>and</strong> shall send along with the tender.25. The cancellation <strong>of</strong> any documents such as power <strong>of</strong> attorney, partnership deed etc. should be forthwithcommunicated by the contractor to the <strong>Railway</strong> Administration in writing, failing which the railwayadministration shall have no responsibility or liability for an action taken on the strength <strong>of</strong> the saiddocuments.26. The successful tender/s shall be required to execute <strong>and</strong> agreement with the President <strong>of</strong> India actingthrough the Sr.DME/N. Rly./ BDGM or his accredited <strong>of</strong>ficer for <strong>car</strong>rying out the work according to theGeneral conditions <strong>of</strong> the works <strong>and</strong> technical specifications.27. Tenderers who do not comply with any <strong>of</strong> the conditions set for herein above are liable to result in the tenderbeing rejected.28. Security deposit on acceptance <strong>of</strong> tender: -Security deposit on acceptance <strong>of</strong> tender is required to be deposited in any <strong>of</strong> the forms as listed underheading “Security deposit” Para 5 <strong>of</strong> GCC. This security deposit will be refunded on receipt <strong>of</strong> a certificatefrom consignee or his authorised representative to the effect that the work has been satisfactorily completedin all respects. No interest will accrue on the security deposit under any circumstances.29. Performance guarantee:-Performance guarantee on acceptance <strong>of</strong> tender is required to be deposited inany <strong>of</strong> the forms as listed under heading ”Performance guarantee” Para 6 <strong>of</strong> GCC. This Performanceguarantee will be refunded on completion <strong>of</strong> all warranty guarantee obligations. No interest will accrue onthe performance guarantee under any circumstances.


NORTHERN RAILWAYITEM –2.1 (g)INSTRUCTION FOR DOWNLOADING OF TENDER DOCUMENTS FROM INTERNET & ITS SUBMISSION1. The tender documents for this work can be obtained from the internet at <strong>Northern</strong> <strong>Railway</strong> websitewww.nrindianrail.gov.in <strong>and</strong> the <strong>of</strong>fers can be given on the same subject to be conditions given below which shallbe <strong>car</strong>efully studied by the intending tender(s) <strong>and</strong> <strong>of</strong>fers submitted accordingly.2. The tender documents shall be <strong>car</strong>efully downloaded from the website mentioned above <strong>and</strong> the same shall beprinted <strong>car</strong>efully <strong>and</strong> arranged as per the index. The tender documents so downloaded shall be complete in allrespects, which shall be the sole responsibility <strong>of</strong> the tenderer(s), <strong>and</strong> the <strong>Railway</strong> shall not be liable for anymistakes/loss or corruption <strong>of</strong> data in downloading <strong>and</strong>/or printing. The end <strong>of</strong> tender document has been markedin bold letters as “END OF TENDER DOCUMENT” on a separate page in the uploaded document, which may bechecked while downloading the tender document to ensure that the complete tender document has beendownloaded. The tenderer(s) must also compare the document as printed with the document as uploaded on thewebsite. The tenderer(s) shall sign the undertaking given below in Para 10 failing which the <strong>of</strong>fer given byhim/them shall be summarily rejected.3. A master copy <strong>of</strong> the document downloaded from the website mentioned above shall be kept in the <strong>of</strong>fice <strong>of</strong> thetender inviting authority. In case <strong>of</strong> any discrepancy between the tender document downloaded from the website<strong>and</strong> the master copy, the latter shall prevail <strong>and</strong> shall be binding on the tenderer(s). The <strong>of</strong>fer received shall bedeemed to have been submitted on the document as uploaded <strong>and</strong> appearing in the website mentioned abovewhose master copy is kept in the <strong>of</strong>fice <strong>of</strong> tender inviting authority.4. The tenderer(s) shall print the document on good quality, white A4 size paper on any good quality printer,preferably laser or desk jet or inkjet type printer.5. The cost <strong>of</strong> tender document as mentioned in the notice inviting tender shall be enclosed with the <strong>of</strong>fer as aseparate bank draft in the name <strong>of</strong> “Sr.DFM/FZR ” or original money receipt deposited with Divisional cashierFZR or the station master <strong>of</strong> any station over N.<strong>Railway</strong> for the requisite amount as cost <strong>of</strong> tender document. Thecost <strong>of</strong> tender document shall not be clubbed with the earnest money deposit. The tenders submitted without therequisite cost <strong>of</strong> tender documents in appropriate form shall not be considered.6. The tenders shall be filled up after <strong>car</strong>eful study <strong>of</strong> the documents <strong>and</strong> the site <strong>and</strong> any clarification required maybe obtained from the tender inviting authority whose address is given in the tender documents.7. The tenderer(s) downloading the documents from internet must keep themselves updated through the websitefrom which the tender document is downloaded regarding corrigenda, if any, to the notice inviting tender or thetender or the tender documents, which shall be uploaded in the same website <strong>and</strong> also published in newspapers.The <strong>of</strong>fers received without such corrigenda published shall be liable to be rejected.8. Any willful changes/deletion/addition in printing <strong>car</strong>ried out in the tender documents shall be viewed veryseriously, whether detected at the time <strong>of</strong> opening/award <strong>of</strong> tender <strong>of</strong> after award <strong>of</strong> work <strong>and</strong> the same mayresult in penal action including banning <strong>of</strong> further business with the defaulting tenderer(s). in addition, thetenderer(s) are liable to be prosecuted for the same as per law.9. The tenderer(s) or his authorized representative shall sign in original on each page <strong>of</strong> the downloaded tenderdocument.10. The following declaration should be given by the tenderer(s) while submitting the tender:-a. I/We have downloaded the tender form from the internet site <strong>and</strong> I/We have not tampered/modified thetender documents in any manner. In case the same is found tampered/modified, I/We underst<strong>and</strong> thatmy/our <strong>of</strong>fer shall be summarily rejected <strong>and</strong> I/We are liable to be banned from doing business with the<strong>Railway</strong> <strong>and</strong>/or prosecuted as per law.b. I/We are submitting a dem<strong>and</strong> draft no……………….. Dated …………. Issued by……………………………..or original money receipt no……………… deposited with………………………. Station for Rs.…………………. Towards the cost <strong>of</strong> tender document.Signature <strong>of</strong> Tenderer(s)Date: ………………………….Address :…………………………..………………………….. …………………………..


SPECIAL CONDITIONS OF CONTRACT1. The contractor or their Principals shall have following ;-• Having experience <strong>of</strong> Mechanized Housekeeping in industry <strong>of</strong> repute like Indian <strong>Railway</strong>s, aviation, hotelindustry etc• CONTRACTOR OR THEIR PRINCIPALS SHALL HAVE REQUIRED ISO CERTIFICATION. 2...The Contractor shall undertake works contract using mechanized <strong>cleaning</strong>Systems, tools <strong>and</strong> plants as specified in Annexure -II.3. All the mechanized systems for Hot, Cold jet <strong>cleaning</strong> <strong>and</strong> wet vacuuming, tools,Plants & implements responsible for round the clock availability, serviceability <strong>and</strong>Maintenance <strong>of</strong> these mechanized systems. These Mechanized systems shouldbe dedicated to this contract


THE FOLLOWING SPECIAL CONDITIONS SHALL APPLY TO THE CONTRACT FOR THE EXECUTION OFWORKS. BUT WHERE THEY DIFFER FROM THE GENERAL CONDITION SHALL OVER-RIDE THEGENERAL CONDITIONDEFINITION:1 a) The term 'work' shall mean the work to be executed in accordance with the contract or part(s) there<strong>of</strong>as the case may be <strong>and</strong> shall include all extra additional altered or substitute work or temporary <strong>and</strong>urgent work as required for the performance <strong>of</strong> the contract.b) The term 'test' shall mean such test or tests as are prescribed by the specification(s) tobe made by the 'Engineer' or his nominee at works site or execution at site before the'equipment' I 'work' is taken over by the 'Engineer'PERFORMANCE OF WORK:1. The 'work' shall be performed at the place or places specified in the tender or at such other place orplaces as may be approved by the Engineer. If no place is specified the work shall be executed atcontractor's premises.SPECIFICATIONS:1. If the contractor shall have any doubt as to the meaning <strong>of</strong> any portion <strong>of</strong> the conditions <strong>of</strong> thespecification/drawing he shall (before submitting the tender) set forth the particulars there<strong>of</strong> <strong>and</strong> submit themto the 'Engineer' in writing in order that any such doubt may be removed.2. The contractor or his authorized representative will supervise above job <strong>and</strong> get theCompliance certificate from SSE/G/<strong>Budgam</strong> or authorized representative <strong>of</strong> Sr.DME/N. Rly/BDGMagainst all works. Final compliance certificate for the month will also be required to be obtained on the lastworking day <strong>of</strong> the month form SSE/G or authorized representative <strong>of</strong> Dy. CME/DMU/ BDGM. These certificatesshall form the basis forpayment against the work done during the month.3. All work normally will be required to be done between 06.00 to 18.00 Hrs. However in case <strong>of</strong> specialrequirements the aforesaid timing can be changed as desired by the <strong>Railway</strong> Administration.4. The contractor will be required to arrange all the materials/appliances needed in connection with theabove work at his own cost.5. The contractor shall adhere to stipulation in regard to eligibility <strong>of</strong> labour to be employed as laid downby the state Govt./Labour Commissioner.6. The labour employed by the contractor shall not be less than 18 years <strong>of</strong> age.7. The contractor shall issue identity <strong>car</strong>ds with photographs pasted <strong>and</strong> attested by the contractor to alllaborers engaged for the above job. A sample <strong>of</strong> the same has to be submitted to Sr.DME/DMU/BDGM forapproval before starting the work along with list <strong>of</strong> labour8. The contractor shall be responsible for the general conduct <strong>and</strong> discipline <strong>of</strong> his


labourers. <strong>Railway</strong> administration reserves its right to take necessary action as deemed fit in all cases <strong>of</strong>misconduct .' in-discipline.9. The contractor shall get the character <strong>of</strong> all labourers under him verified by the Police Department <strong>and</strong> asfailing which the Administration shall have the right to get the character verified by the police <strong>and</strong> recoverall charges in connection therewith from the contractor Xerox copy <strong>of</strong> the police verification report againstall the labourers should be submitted to SSE/G for their record <strong>and</strong> future reference.10. The contractor shall be paid quarterly bill duly verified. The payment wi!! be madethrough Sr. Divl. Finance Manager/FZR on the basis <strong>of</strong> quarterly certificates issued by SSE/G/<strong>Budgam</strong> orby authorized representative <strong>of</strong>Sr.DME/DMU/BDGM.11.THIS WILL BE RUNNING CONTRACT FOR A PERIOD OF ONE YEAR FROM THE DATE OFCOMMENCEMENT OF WORK & CAN BE EXTENDENDED WITH MUTUAL AGREEMENT ON SAMERATE, TERMS & CONDITIONS.12. The contractor will be required to <strong>car</strong>ry <strong>and</strong> dump the scrap refuse & rubbish to dumping spotto be earmarked by SSEIG/<strong>Budgam</strong>. The collection <strong>of</strong> these refuse will be arranged by thecontractor using his own transport/trolleys.13. The contractor shall comply with the provision. <strong>of</strong> the payment ur.der section 20&21 <strong>of</strong> contract labour(R&A) Act 1970 <strong>and</strong> the rules made <strong>of</strong> that may be made there under in respect <strong>of</strong> all employees himself<strong>and</strong> not the Administration is responsible under the said Act for the' compliance there<strong>of</strong>.14. The contractor shall be responsible for compliance with the provision the hours <strong>of</strong> employmentregulations in respect <strong>of</strong> the staFf employed by him in the manner decided upon by the appropriateauthorities. The term appropriate authority would mean Central1 Govt. has laid down rules in respect <strong>of</strong>hours <strong>of</strong> employment regulations 1951 <strong>and</strong> subsequent rules are issued from time to time by the state govt.15. The contractor should supply the names <strong>and</strong> particulars <strong>of</strong> the labour employee by him to SSE/G underwhom the work is done to facilitate identification Of the person all employed in case <strong>of</strong> need.16. No passes or privilege tickets will be issued to the contractor or any <strong>of</strong> his labour by the administration <strong>and</strong>they shall pay in fares in force at the time to <strong>and</strong> from the site <strong>of</strong> work17. The contractor shall have to indemnify the administration against all claims for compensation by or onbehalf <strong>of</strong> any workmen employed by him. In connection with the present contract for injury or death by anaccident under workmen compensation Act VIII <strong>of</strong> 1923 <strong>and</strong> Administration will be entitled to deduct for anysum <strong>of</strong> money due <strong>and</strong> payable to the contractor. The amount <strong>of</strong> compensation thus paid to or on account<strong>of</strong> any such workman or paid by the Administration in such connection <strong>and</strong> the contractor further agreesthat the decision <strong>of</strong> the administration with respect to the amount <strong>of</strong> such indemnify shall be acceptedfinal.


18. The contractor shall pay not less then the fair wage to the labourers engaged by him for the said work. Thefair wage being the wage including allowance, admissible as pery extent rules.The labour wages &allowance shall also not be less than those prescribed by any provisionallaw etc. The contractor shall keep proper record <strong>of</strong> such payments.19. If railway administration shall at any time consider the mode adopted by the contractor <strong>of</strong> paying hisworkman objectionable, they shall have the power <strong>of</strong> requiring a change <strong>of</strong> system with in once week fromdate <strong>of</strong> notice. In writing to that effect <strong>and</strong> in case <strong>of</strong> non compliance with such notice. All payment to thecontract may be with hold during such non-compliance. A notice showing the rates <strong>of</strong> wages to be paid toworkmen will be published by the contractor <strong>and</strong> exhibited prominently near the p!ace <strong>of</strong> work <strong>and</strong> should be madeeasily Assessable to all workers.20. The contract will remain in force for a period <strong>of</strong> one year from the date <strong>of</strong> commencement <strong>of</strong> the work.However, engineer can terminate the agreement by giving to the contractor 45 days notice without assigningany reason there<strong>of</strong> <strong>and</strong> in the event <strong>of</strong> any breach <strong>of</strong> any condition herein contained by the contractor in theevent <strong>of</strong> all}' misconduct on the part <strong>of</strong> the contractor or his workman. It shall be lawful for the Dive <strong>Railway</strong>Manager/FZR to terminate this agreement forthwith 'without any notice <strong>and</strong> to fororteit the whole or part <strong>of</strong>security depositat his discretion without being liable to the contractor for any loss <strong>and</strong> damageswhatsoever.21. THE CONTRACTOR SHALL REMAIN LIABLE FOR THEFT OF ANY RAILWAY MATERIAL BY HISSTAFF AND HE MUST TAKE NECESSARY PROCEEDING AGAINST EACH STAFF TOPREVENT SUCH OCCURRENCE AND SHALLREIMBURSE TO ADMINISTRATION FOR THELOSS SUFFERED IF ANY. IN THEEVENT OF THIS BEING REPEATED CASES, THECONTRACT SHALL BETERMINATED BY GIVING 7 DAYS NOTICE AND THECONTRACTOR SHALL BE LIABLE FOR THE DAMAGE SUFFERED BY THEADMINISTRATION.22. Administration reserves to itself the right to <strong>car</strong>ry out a post payment audit <strong>and</strong>/ technical examination <strong>of</strong>the works <strong>and</strong> the fina! bill including all supporting vouchers, abstracts etc. <strong>and</strong> to make a claim on thecontractor for the refund if any excess amount paid to him. If as a result <strong>of</strong> such examination any overpayment to him is detected to have been made in respect <strong>of</strong> anywork done or alleged to have beendone by him under the contract. The contractor shall obtain a valid license under the prescribed Act asmodified time to timebefore the commencement <strong>of</strong> the work <strong>and</strong> continue to have a valid license untilthe completion <strong>of</strong> the work. Any failure to fulfil this requirement shall attract the panel 'provisions <strong>of</strong> thecontract arising out <strong>of</strong> the result <strong>and</strong> non-execution <strong>of</strong> the work.23. The administration will grant the extension at its discretion.


24. The contractor shall remain liable for theft <strong>of</strong> any railway material by his staff <strong>and</strong> high penalty/fine will beimposed by the railway administration as deemed fit for each case. which will be deducted from the bill.A DAMAGE DEPOSIT FOR RS. 20,000/- (RUPEES TWENTY THOUSAND ONLY) shall have to bedeposited by the contractor before commencement <strong>of</strong> the work. In case <strong>of</strong> advertent fin-advertent<strong>car</strong>rying out <strong>of</strong> ferrou c scrap or any other railway material along with rubbish by staff <strong>of</strong> the contractor.The contractor is liable to forfeiture <strong>of</strong> damage deposit. The money deposited towards damage depositwill be refunded to the contractor after completion <strong>of</strong> work i.e. on expiry <strong>of</strong> the contract period.25. The final acceptance <strong>of</strong> the tender shall rest with the competent railway authority who reserve the right toaccept or reject any tender or all tenders without assigning any. reason. The validity <strong>of</strong> the tender willbe kept open for 90 days from the date <strong>of</strong> opening. The contractor / contractors shall agree{s) that allcondition stipulated in the tender schedule which forms part <strong>of</strong> the tender submitted by him / them areacceptable to him/them.26. That the tender condition/instructions to tenders should form part <strong>of</strong> this document <strong>and</strong> are enclosedherewith. Any breach <strong>of</strong> these conditions will constitute breach <strong>of</strong> contract.27. If the contractor is co-operative Labour Contract Society/Vendors Co-Operative Society - it shall beobligatory on the part <strong>of</strong> its <strong>of</strong>fice bearers / representatives to make available the records <strong>of</strong> the societyto the inspecting Rly. Officials on dem<strong>and</strong>.28. Water <strong>and</strong> electricity required for the works will be supplied free <strong>of</strong> cost by <strong>Railway</strong>s.However, in case <strong>of</strong> any break down in water & power supply <strong>Railway</strong>s is not liable to pay towards anyloss incurred by the contractor on this account.29. THE CONTRACTOR CAN BE PENALISED BY WAY OF FINE AMOUNTING UPTO RS. 500/- {FIVEHUNDRED O~JLY} FOR EACH PER DAY OFFENCE BY Sr.DME/BDGM OR BY HISREPRESENTATIVE IF IN HIS OPINION THE PERFORMANCE OF THE CONTRACTOR INCONNECTION WITH THE CONTRACTUAL WORK IS NOT UP TO HIS ENTIRE SATISFACTION.30. On Inspection by supervisor work not satisfactory Rs. 200 per day will be fined31. The contractor shell not transfer the work to sub contractor.


ANNEXURE –IITECHNICAL SPECIFICATIONS OF SINGLE PHASE SCRUBING FLOOR CLEANING MACHINEThe machine shall have following in-built features1. The mechanical scrubber shall be most versatile rugged & suitable for all types <strong>of</strong> hardfloor <strong>cleaning</strong> jobs such as scrubbing, polishing, spray <strong>cleaning</strong>, dry stripping,verification, s<strong>and</strong>ing, grinding etc.2. The mechanical scrubber shall have motor torque to give aggressive deep <strong>cleaning</strong>.3 The mechanical scrubber shall be able to clean up to 800 sq. mtrs. per hour.4. The mechanical scrubber shall be a quiet operation permit <strong>cleaning</strong> during working hour5. The mechanical scrubber shall have adjustable h<strong>and</strong>le for ease <strong>of</strong> operation from. Operatorpoint <strong>of</strong> view.6. The mechanical scrubber shall have maintenance free sealed bearings.7. The mechanical scrubber shall be equipped with low, <strong>of</strong>fset motor giving the user accessin CLUTTERED AREAS & LOW FURNITURE.8. The mechanical scrubber shall be fitted with single-phase ASYNCHRONOUS type motorgiving longer machine life & reduced maintenance.9. The mechanical scrubber shall be double insulated, with splashguard protection for themachine & operator.10. The mechanical scrubber shall have machine diameter equivalent to <strong>cleaning</strong> diameter thereby<strong>cleaning</strong> right upto the wall’s edge, reducing manual <strong>cleaning</strong>.11. The mechanical scrubber shall have motors built-in safety mechanisms to prevent overheating.12. The mechanical scrubber shall have gear drive with a safety clutch giving high reliability for heavydutyapplications.13. The mechanical scrubber shall have 30 metres cable <strong>and</strong> fitted with hard silicon <strong>car</strong>bide Brush forheavy duty scrubbing <strong>and</strong> should also have facility <strong>of</strong> s<strong>car</strong>ifying.14. The weight <strong>of</strong> the scrubber shall not exceed 65-70 kgs.15. The scrubber shall have a maximum brush pressure <strong>of</strong> 51gm/cm 2 in normal operation & 210gm/ sq.cmin s<strong>car</strong>ifying operation.16. The scrubber shall have motor consumption <strong>of</strong> 1500 watts.17. The scrubber height shall not be more than 121 cm.18. The scrubber should be single-phase main operated (230 V).TECHNICAL SPECIFICATIONS OF MAINS OPERATED SCRUBBER DRIER FOR OFFICE PREMISES1. The Scrubber shall be able to Clean 400 sq./h twice as fast as mopping.2. The scrubber shall be able to clean stone, tile, cement, marble, rubber, vinylFloorinq <strong>and</strong> sealed wood floors spotless.


3. The scrubber drier shall have simple controls within the user's view <strong>and</strong> easy toreach.4. The scrubber shall be easy to man oeuvre, even in confined areas.5. The scrubber drier machine shall be designed for operator comfort.6. The scrubber drier machine shall have little storage space.7. The scrubber drier shall be capable to adjust to the height <strong>of</strong> any user.8. The scrubber drier machine shall have choice <strong>of</strong> two brushes, with individuallyadjustable brush pressure to ensure thorough <strong>cleaning</strong> - even when the surface is uneven.9. The scrubber drier machine shall be capable to clean under the furniture <strong>and</strong> even to-thewalls's edge..10. The scrubber drier machine shall be quiet operational.11. The scrubber drier machine shall have 1000 RPM brush speed.12. The scrubber drier machine shall have 34 cm scrubbing path.:I 3. The scrubber drier machine shall have a solution tank <strong>of</strong> 11 Itrs. Capacity.14. The scrubber drier machine shall have recovery tank with the capacity <strong>of</strong> 12 Itrs.15. The machine shall have 900 watts vacuum motor <strong>and</strong> 320 watts brush motor.16. The machine shall have dimensions <strong>of</strong> 62 x 40 x 105 (cm).17. The machine shall have productivity rate (practical) 600-800 sq.mtr/hour18. The weight <strong>of</strong> the machine shall not be exceed 38 kgs.19. The machine shall be supplied with 20 meters electric cable.TECHNICAL SPECIFICATIONS OF WET & DRY VACUUM CLAENER1. The wet & dry vacuum cleaner shall be very rugged <strong>and</strong> reliable, single-phase vacuumcleaner having motor <strong>of</strong> 1000 watts.2. The vacuum cleaner shall have a large container to hold 251itres <strong>of</strong> waste liquid.3. The vacuum cleaner shall have 25 litres <strong>of</strong> dry waste capacity4. The vacuum cleaner shall be able to clean effectively in wet & dry conditions.5. The machine shall have 41Itrs/sec. Air flow.6. The machine shall be compact in size <strong>and</strong> not more than 630x360x460 in


dimensions.7. The machine shall be supplied with all the necessary attachment.Technical specifications <strong>of</strong> high pressure cold water jet cleaner.1. The industrial high pressure cold water jet cleaner should be a single 230 volts, 50 Hz machine, arugged, hard wearing, portable, easy to operate, with enormous versatility.2. The high pressure cleaner shall have a maximum outlet water pressure <strong>of</strong> 120 bar using 7 ltrs. Ofwater/ min.3. The machine shall have a max. inlet temp. <strong>of</strong> 50 deg.C.4. The max. power consumption shall not be more than 1.9 kW. It shall have an upright <strong>and</strong> compactdesign for less operate fatigue, less storage space <strong>and</strong> energy saving.5. The weight <strong>of</strong> the cleaner should not be more than 18 Kg.6. The cleaner should be compact in size with the dimensions <strong>of</strong> 900x290x310 mm.7. The machine shall be supplied with following st<strong>and</strong>ard accessories:a) 8 meter long high pressure hose.b) A pistolc) A turbo nozzle.d) An electric cable <strong>of</strong> 8 meter length.

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