1. nit header samastipur division-engineering/east … · item description:- providing and laying...

22
Sr.Divisional Engineer Co-ord /Samastipur acting for and on behalf of The President of India invites E-Tenders against Tender No TC-153-SPJ-2019 Closing Date/Time 31/07/2019 12:00 Hrs. Bidders will be able to submit their original/revised bids upto closing date and time only. Manual offers are not allowed against this tender, and any such manual offer received shall be ignored. Contractors are allowed to make payments against this tender towards tender document cost and earnest money only through only payment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Banker cheque, Deposit receipts, FDR etc. are not allowed. 1. NIT HEADER Name of Work Special repair of facade of Darbhanga station building on Traditional fort theme". Bidding type Normal Tender Tender Type Open Bidding System Single Packet System Tender Closing Date Time 31/07/2019 12:00 Date Time Of Uploading Tender 08/07/2019 16:54 Pre-Bid Required No Pre-Bid Query Date Time Not Applicable Advertised Value 4228851.07 Tendering Section W2 Bidding Style Single Rate for Each Schedule Item Bidding Unit Earnest Money (Rs.) 84600.00 Validity of Offer ( Days) 45 Tender Doc. Cost (Rs.) 3000.00 Period of Completion 5 Months Contract Type Works Contract Category Expenditure Bidding Start Date 17/07/2019 Are Joint Venture (JV) firms allowed to bid No Ranking Order For Bids Lowest to Highest Expenditure Type Revenue 2. SCHEDULE S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit Schedule A-Non Schedule item 3029762.76 1 NS 01 2749.89 Metre 40.80 112195.51 AT Par 112195.51 Rs. Item Description:- Forming groove of uniform size from 12x12mm and upto 25x15mm in plastered surface as per approved patteren using wooden battens, nailed to the under layed including removal of wooden battens, repars to the edges of plaster pannel and finishing the groove complete as per specifications and direction of the Engineer in charge. 2 NS 02 3389.71 Sqm 683.81 2317917.60 AT Par 2317917.60 Rs. Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant, Fungus and Algae Resistant Ultra Perlato natural texture including one coat of Acrylic primer and wall sealer and one coat of protective top etc. complete as per direction of Engineer in charge. 3 NS03 744.00 Each 635.38 472722.72 AT Par 472722.72 Rs. Item Description:- Supply of glass reinforced concrete (G.R.C.) item in approved size, patteren,design ,thickness and colour as per design. All items made of "53 grade" white portland cement manufactured by "JK cement" or equivalent, quartz, fine silica sand, Alkali resistant glass fiber manufactured by "NEG" or equivalent, super plasticizers manufactured by "BASF" or equivalent, polymers manufactured by "BASF" or equivalent and U.V. resistant synthetic inorganic pigment used for pigmantation manufactured by "BAYFERROX(Germany)" or equivalent. The material casting in Synthetic rubber/FRP mold manufactured by "Reckil" or equivalent. Providing of GRC balusters. Item description: product manufactured using compositions of Alkali resistant glass fibers, High silica sand and white cement as raw materials. Confirming to relevant Indian standards GRC Baluster dia 100mm , height 450mm. 4 NS04 64.00 Each 1240.67 79402.88 AT Par 79402.88 Rs. Item Description:- Supply of glass reinforced concrete (G.R.C.) item in approved size, patteren,design ,thickness and colour as per design. All items made of "53 grade" white portland cement manufactured by "JK cement" or equivalent, quartz, fine silica sand, Alkali resistant glass fiber manufactured by "NEG" or equivalent, super plasticizers manufactured by "BASF" or equivalent, polymers manufactured by "BASF" or equivalent and U.V. resistant synthetic inorganic pigment used for pigmantation manufactured by "BAYFERROX(Germany)" or equivalent. The material casting in Synthetic rubber/FRP mold manufactured by "Reckil" or equivalent. Providing of GRC balusters. Item description: product manufactured using compositions of Alkali resistant glass fibers, High silica sand and white cement as raw materials. Confirming to relevant Indian standards GRC Design (Finial) dia 300mm , height 400mm. 5 NS 05 321.63 Sqm 147.76 47524.05 AT Par 47524.05 Rs. Item Description:- Providing and fixing galvanised chicken wire mesh with average width of aperture 1.18mm and nominal dia of wire 0.556mm at acs junctions of RCC column, beam with brickwork work before plaster work Page 1 of 22 Run Date/Time: 08/07/2019 16:55:56 SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLY TENDER DOCUMENT Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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Page 1: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

Sr.Divisional Engineer Co-ord /Samastipur acting for and on behalf of The President of India invites E-Tenders against Tender NoTC-153-SPJ-2019 Closing Date/Time 31/07/2019 12:00 Hrs. Bidders will be able to submit their original/revised bids upto closing dateand time only. Manual offers are not allowed against this tender, and any such manual offer received shall be ignored.

Contractors are allowed to make payments against this tender towards tender document cost and earnest money only through onlypayment modes available on IREPS portal like net banking, debit card, credit card etc. Manual payments through Demand draft, Bankercheque, Deposit receipts, FDR etc. are not allowed.

1. NIT HEADER

Name of Work Special repair of facade of Darbhanga station building on Traditional fort theme".

Bidding type Normal Tender

Tender Type Open Bidding System Single Packet System

Tender Closing Date Time 31/07/2019 12:00 Date Time Of Uploading Tender 08/07/2019 16:54

Pre-Bid Required No Pre-Bid Query Date Time Not Applicable

Advertised Value 4228851.07 Tendering Section W2

Bidding Style Single Rate for Each ScheduleItem

Bidding Unit

Earnest Money (Rs.) 84600.00 Validity of Offer ( Days) 45

Tender Doc. Cost (Rs.) 3000.00 Period of Completion 5 Months

Contract Type Works Contract Category Expenditure

Bidding Start Date 17/07/2019Are Joint Venture (JV) firmsallowed to bid No

Ranking Order For Bids Lowest to Highest Expenditure Type Revenue

2. SCHEDULE

S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount BiddingUnit

Schedule A-Non Schedule item 3029762.76

1

NS 01 2749.89 Metre 40.80 112195.51 AT Par 112195.51 Rs.

Item Description:- Forming groove of uniform size from 12x12mm and upto 25x15mm in plastered surface asper approved patteren using wooden battens, nailed to the under layed including removal of wooden battens,repars to the edges of plaster pannel and finishing the groove complete as per specifications and direction of theEngineer in charge.

2

NS 02 3389.71 Sqm 683.81 2317917.60 AT Par 2317917.60 Rs.

Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stainresistant, Fungus and Algae Resistant Ultra Perlato natural texture including one coat of Acrylic primer and wallsealer and one coat of protective top etc. complete as per direction of Engineer in charge.

3

NS03 744.00 Each 635.38 472722.72 AT Par 472722.72 Rs.

Item Description:- Supply of glass reinforced concrete (G.R.C.) item in approved size, patteren,design,thickness and colour as per design. All items made of "53 grade" white portland cement manufactured by "JKcement" or equivalent, quartz, fine silica sand, Alkali resistant glass fiber manufactured by "NEG" or equivalent,super plasticizers manufactured by "BASF" or equivalent, polymers manufactured by "BASF" or equivalent andU.V. resistant synthetic inorganic pigment used for pigmantation manufactured by "BAYFERROX(Germany)" orequivalent. The material casting in Synthetic rubber/FRP mold manufactured by "Reckil" or equivalent. Providingof GRC balusters. Item description: product manufactured using compositions of Alkali resistant glass fibers, Highsilica sand and white cement as raw materials. Confirming to relevant Indian standards GRC Baluster dia 100mm, height 450mm.

4

NS04 64.00 Each 1240.67 79402.88 AT Par 79402.88 Rs.

Item Description:- Supply of glass reinforced concrete (G.R.C.) item in approved size, patteren,design,thickness and colour as per design. All items made of "53 grade" white portland cement manufactured by "JKcement" or equivalent, quartz, fine silica sand, Alkali resistant glass fiber manufactured by "NEG" or equivalent,super plasticizers manufactured by "BASF" or equivalent, polymers manufactured by "BASF" or equivalent andU.V. resistant synthetic inorganic pigment used for pigmantation manufactured by "BAYFERROX(Germany)" orequivalent. The material casting in Synthetic rubber/FRP mold manufactured by "Reckil" or equivalent. Providingof GRC balusters. Item description: product manufactured using compositions of Alkali resistant glass fibers, Highsilica sand and white cement as raw materials. Confirming to relevant Indian standards GRC Design (Finial) dia300mm , height 400mm.

5NS 05 321.63 Sqm 147.76 47524.05 AT Par 47524.05 Rs.

Item Description:- Providing and fixing galvanised chicken wire mesh with average width of aperture 1.18mmand nominal dia of wire 0.556mm at acs junctions of RCC column, beam with brickwork work before plaster work

Page 1 of 22 Run Date/Time: 08/07/2019 16:55:56

SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

Page 2: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit

Schedule B-Schedule item 834360.93

1

Please see Item Breakup for details. 444508.29 AT Par 444508.29Above/

Below/Par

Item Description:- Overall %/above/below/at par the rate of all Items of Chapter:-1,2,6,8,10,11,12,16,17,18 &24of ECR USSOR-2012 with up to date correction slips as detailed in Annexure-B-1 (Total basic Value-Rs.444508.29)

2

Please see Item Breakup for details. 389852.64 AT Par 389852.64Above/

Below/Par

Item Description:- Overall %/above/below/at par the rate of all Items of Chapter 3 (Other than item no. 033060to 033064 ),4(Other than item no. 045010 to 045016),5 &9 of ECR USSOR-2012 with upto date correction slipsas detailed in Annexure- B2 (Total basic Value- Rs. 389852.64)

S.No. Item Code Item Qty Qty Unit Unit Rate Basic Value Escl.(%) Amount Bidding Unit

Schedule C-Schedule item 364727.38

1Please see Item Breakup for details. 224991.64 AT Par 224991.64

Above/Below/Par

Item Description:- Overall %/above/below/at par the rate of Item No.033060 to 033064 of chapter 3 of USSOR2012 with all latest correction slips as per Annexure C1 (Total basic Value- Rs. 224991.63)

2Please see Item Breakup for details. 139735.74 AT Par 139735.74

Above/Below/Par

Item Description:- Overall %/above/below/at par the rate of Item No.045010 to 045016 of chapter 4 of USSOR2012 with all latest correction slips as per Annexure C2 (Total basic Value- Rs. 139735.74)

3. ITEM BREAKUP

Schedule Schedule B-Schedule item

Item- 1 Overall %/above/below/at par the rate of all Items of Chapter:-1,2,6,8,10,11,12,16,17,18 &24 of ECR USSOR-2012 with up to date correction slips as detailed in Annexure-B-1 (Total basic Value- Rs.444508.29)

S No. ItemNo

Description of Item Unit Qty Rate Amount

1 021010 Loading/Unloading F.P.S. / Modular bricks including manuallead upto 50m and stacking properly into/from trucks, trailorsor wagons

1000Nos.

19350.00 451.66 8739.62

2 021020Leading bricks FPS / Modular upto 50m including picking up

1000Nos.

19350.00 543.30 10512.86

3 021021 Additional lead for every subsequent 50m or part thereof over50m and upto 500m over item 021020.

1000Nos.

19350.00 89.45 1730.86

4 021070 Loading/Unloading ballast, kankar, brickbats, stone-chips,shingle, stone boulders, block kankar, pitching stones , rubblestones, laterite, coal, surkhi, dry mortar, sand , moorum,earth, manure or sludge, ashes, lime etc., including lead up to50m and stacking into/from trucks, trailors or wagons

cum 141.57 38.66 5473.10

5 021080 Leading ballast, kankar, surkhi, lime, sand, ashes, stone-chips, pitching, stone, boulders, soling, stone, rubble stone,brickbats, shingle, dry mortar, laterite or similar materialsincluding picking up and stacking, lead upto 50m

cum 141.57 90.95 12875.79

6 021081 Additional lead for every subsequent 50m or part thereof,over 50m and upto 500m over item no. 021080

cum 141.57 22.66 3207.98

15 mm cement plaster on the rough side of single or half brickwall of mix -

7 111051 1:4 (1cement: 4coarse sand) Sqm 3198.44 79.45 254116.06

Cement plaster to ceiling of mix -

8 111151 6 mm thick 1:3 (1cement: 3 fine sand) Sqm 191.27 53.56 10244.42

12mm thick cement mortar bands in cement mortar 1:4(1cement: 4fine sand)

Page 2 of 22 Run Date/Time: 08/07/2019 16:55:56

SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

Page 3: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

9 113013Raised Band plain

m long xcm wide

15331.05 1.82 27902.51

10 113014Moulded Band

m long xcm wide

20268.53 3.16 64048.55

Painting with synthetic enamel paint of approved brand andmanufacture to give an even shade

11 121052 One or more coats on old work Sqm 77.22 31.60 2440.15

Demolishing brick work including stacking of serviceablematerial and disposal of unserviceable material within 50mlead

12 182013 In cement mortar cum 22.21 400.63 8897.99

13 182070 Dismantling old plaster or skirting raking out joints andcleaning the surface for plaster/pointing including disposal ofrubbish within 50m lead

Sqm 2953.57 10.96 32371.13

14 183020 Dismantling tile work in floors/dado/skirting laid in cementmortar/ chemical mortar/synthetic adhesive including stackingmaterial within 50m lead

Sqm 86.43 22.53 1947.27

Total 444508.29

Item- 2Overall %/above/below/at par the rate of all Items of Chapter 3 (Other than item no. 033060 to 033064 ),4(Otherthan item no. 045010 to 045016),5 &9 of ECR USSOR-2012 with upto date correction slips as detailed inAnnexure- B2 (Total basic Value- Rs. 389852.64)

S No. ItemNo

Description of Item Unit Qty Rate Amount

Providing and laying in position M 20 Grade concrete forreinforced concrete structural elements but excluding cost ofcentering, shuttering, reinforcement and Admixtures inrecommended proportion (as per IS:9103) to accelerate,retard setting of concrete, improve workability withoutimpairing strength and durability as per direction of Engineerin charge

1 041012 All work in buildings above plinth level upto floor two level. cum 13.94 3619.33 50453.46

Centering and shuttering including strutting, propping etc. andremoval of form for :

2 042014 Lintels, beams, plinth beams, bed blocks, girders, bressumersand cantilevers

Sqm 100.69 201.54 20293.06

Centering and shuttering including strutting, propping etc. andremoval of form for special shapes

3 042024 Small lintels not exceeding 1.5m clear span, moulding as incornices, window sills, string courses, bands, copings, bedplates, anchor blocks and items of similar shape and size

Sqm 55.73 101.07 5632.63

4 045030 Extra for providing and mixing polyester triangular syntheticfibres in specified ratio (@ 0.25% of cement by weight), 6 to18 mm in length, designed for melting point 240°C to 260°Cand having specific gravity of 1.33 to 1.40 in all types of worksof CC, RCC, plaster etc.

Kg 83.40 482.25 40219.65

5 046010 Extra for RCC work in superstructure above floor two level forevery floor or part thereof.

cum 14.32 295.30 4228.70

6 048130 Supplying & applying with mechanical sprayer water-basedconcrete curing compound (membrane curing) covering 3.5to 5 sqm of surface area per litre of compound. It should give75% or more curing efficiency when tested to BS 7542 &comply with BS 8110 Part-I, Clause 6.63(c)

Sqm 3667.73 36.91 135375.91

Brick work with non-modular (FPS) bricks of class designation7.5 in foundation and plinth in :

7 051017 Cement mortar 1:4 (1 cement : 4 coarse sand) cum 28.62 2880.95 82452.79

8 051040 Extra over item 051010 & 051020 for brick work insuperstructure beyond plinth level upto floor two level :

cum 28.62 140.42 4018.82

9 051050 Extra for brick work in superstructure beyond second floorlevel for every 3m or part thereof :

cum 21.26 268.14 5700.66

Half brick masonry with bricks of class designation 7.5 infoundations and plinth in :

Page 3 of 22 Run Date/Time: 08/07/2019 16:55:56

SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

Page 4: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

10 051182 Cement mortar 1:4 (1 Cement : 4 coarse sand) Sqm 92.23 340.26 31382.18

11 051190 Extra for half Brick masonry in superstructure above plinthlevel upto floor two level

Sqm 92.23 38.70 3569.30

12 051200 Extra for half brick masonry in superstructure above floor twolevel for every floor or part thereof.

Sqm 31.36 14.30 448.45

13 051210 Extra for providing and placing in position 2 Nos. 6mm dia.M.S.bars at every third course of half brick masonry (withnon-modular (FPS) bricks) including cost of M.S. bars

Sqm 92.23 65.89 6077.03

Total 389852.64

Schedule Schedule C-Schedule item

Item- 1 Overall %/above/below/at par the rate of Item No.033060 to 033064 of chapter 3 of USSOR 2012 with all latestcorrection slips as per Annexure C1 (Total basic Value- Rs. 224991.63)

S No. ItemNo

Description of Item Unit Qty Rate Amount

Supply and using cement at worksite :

1 033063 PPC Tonne 35.15 6400.90 224991.64

Total 224991.64

Item- 2 Overall %/above/below/at par the rate of Item No.045010 to 045016 of chapter 4 of USSOR 2012 with all latestcorrection slips as per Annexure C2 (Total basic Value- Rs. 139735.74)

S No. ItemNo

Description of Item Unit Qty Rate Amount

Supplying Reinforcement for R.C.C. work includingstraightening, cutting, bending, placing in position and bindingall complete.

1 045016 Thermo-Mechanically Treated bars Kg 2167.79 64.46 139735.74

Total 139735.74

4. ELIGIBILITY CONDITIONS

5. COMPLIANCE

Commercial-Compliance

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1Experience, financial status and ability: Tenderer is required to submitdocuments detailed here under for evaluation of his credentials.

Yes NoAllowed(Optional)

1.1

List of completed works: - Tenderer is required to submit, along with histender, particulars of all works completed by him for the Railways or for anyother client in the last three financial years starting from the original date ofopening of this tender in the Per-forma enclosed as Annexure-I to this chapterof this tender document. Figures of cost shall not include cost of materialssupplied free of cost by the client to the contractor. The tender without thisinformation may be treated as if the tenderer has not completed any work.Supportive certificates from the organizations with whom the tenderer workedshould be enclosed giving description of work, value of work at the time ofaward, date of award, scheduled date of completion, date of actual start,actual date of completion final value of contract etc.

Yes NoAllowed(Mandatory)

1.2

List of works in hand: Tenderer is required to submit, along with his tender,particulars of all works in hand for the Railways or for any other client in thePer-forma enclosed as Annexure-II to this chapter of this tender document.Figures of cost shall not include cost of materials supplied free of cost by theclient to the contractor. The tender without this information may be treated asif the tenderer has no works in hand. Supportive documents from theorganizations with which the tenderer is workings should be enclosed givingdescription of work, contract value, date of award, approximate date value ofbalance work.

Yes NoAllowed(Mandatory)

Page 4 of 22 Run Date/Time: 08/07/2019 16:55:56

SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

Page 5: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

1.3

List of court cases and arbitration cases: Tenderer is also required to submit,along with his tender, list of arbitration's demanded from any clients during thelast five years preceding the date of opening of this tender as per Annexure-IIIto this chapter of this tender document. The tenderer is also required tosubmit, along with his tender, list of court cases filed against any clients duringthe last five years preceding the date of opening of this tender as perAnnexure-III/B to this chapter of this tender document.

Yes NoAllowed(Mandatory)

1.4

List of plant and machinery: Tenderer has to make his own arrangements forexecution of works. The tenderer is required to submit, along with his tender,list of plant and machinery available on hand (own) and proposed to beinducted (own and hired to be given separately) for the subject work inProforma given in Annexure-IV to this chapter of this tender document. Thetender without this information may be treated as if the tenderer has no plantand machinery available on hand (own) and that no plant and machinery areproposed to be inducted for the subject work.

Yes NoAllowed(Mandatory)

1.5

List of personnel and organization: Tenderer is required to submit, along withhis tender, list of Personnel and organization available on hand (own) andproposed to be engaged for the subject work in Proforma given in Annexure-Vto this chapter of this tender document. The tender without this informationmay be treated as if the tenderer has no personnel and organization and thatno personnel and organization are proposed to be engaged for the subjectwork.

Yes NoAllowed(Mandatory)

2

Please enter the percentage of local content in the material being offered.Please enter 0 for fully imported items, and 100 for fully indigenous items. Thedefinition and calculation of local content shall be in accordance with the Makein India policy as incorporated in the tender conditions.

No YesAllowed(Optional)

General Instructions

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1Instructions to Tenders And Conditions of Tender: The following documentsform part of the Tender/Contract : -

No No Not Allowed

1.1Tender forms - Undertakings(First Sheet),General instruction (Secondsheet),Commercial Compliance

No No Not Allowed

1.2Special conditions/Specifications, Additional conditions of contract (CustomCondition)

No No Not Allowed

1.3 Schedule of approximate quantities(Third Sheet) No No Not Allowed

1.4

Indian Railways Standard General Conditions of Contract-November-2018 andIndian Railway Unified Standard Specifications for (Works and materials, 2010)Volume-I & II of Engineering Department with up to date correction slips issuedon or before the date of opening of present tender which can be seen in theoffice of Divisional Railway Manager (Engg) Samastipur or obtained from theoffice of the Principal Chief Engineer. E.C. Railway, Hajipur on payment ofprescribed charges or can be downloaded from the Official website of theIndian Railways.

No No Not Allowed

1.5

E.C. Railway Engineering department schedule of rates known as UnifiedStandard Schedule of Rates (Works and materials) and in short written as"USSOR/2012" in the tender documents with up to date correction slips issuedon or before the date of opening of present tender, copies of which can beseen in the office of DRM (Engg)/Samastipur or obtained from the office of thePrincipal Chief Engineer/ E..C. Railway/Hajipur on payment of prescribedcharges.

No No Not Allowed

1.6All general and detail drawing pertaining to this work, which will be issued bythe Engineer or his representatives from time to time during the execution ofwork with all changes and modification.

No No Not Allowed

2

DRAWING FOR THE WORK:- The drawing for the work can be seen in theoffice of the DRM (Engg)/Samastipur at any time during the office hour's .Thedrawings are only for the guidance of Tenderer(s). Detailed working drawings.(If required) based generally on the drawing mentioned above, will be given bythe Engineer or his representative from time to time.

No No Not Allowed

Page 5 of 22 Run Date/Time: 08/07/2019 16:55:56

SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

Page 6: 1. NIT HEADER SAMASTIPUR DIVISION-ENGINEERING/EAST … · Item Description:- Providing and laying weather and Ultraviolet Resistant, Water Repellent, Dust,Dirt and stain resistant,

3

The Tenderer(s) shall quote his / their rates as a percentage above or belowthe Schedule of Rates of East Central Railway as applicable to SamastipurDivision except where he/they are required to quote item rates and musttender for all the items shown in the Schedule of approximate quantitiesattached. The quantities shown in the attached Schedule are given as a guideand are approximate only and are subject to variation according to the needsof the Railway. The Railway does not guarantee work under each item of theSchedule.

No No Not Allowed

4Tenders containing erasures and / or alterations of tender documents areliable to be rejected. Any correction made by tender(s) in his/their entries mustbe attested by him / them.

No No Not Allowed

5The works are required to be completed within a period as mentioned in theNIT from the date of issue of acceptance letter.

No No Not Allowed

6 Earnest Money: No No Not Allowed

6.1

The tender must be accompanied with requisite earnest money as advertisedin the NIT deposited in cash or in any of the forms as mentioned in'Regulations For Tenders And Contracts' for the guidance of the Engineersand Contractors, failing which the tender will not be considered.

No No Not Allowed

6.2

The Tenderer(s) shall keep the offer open for a minimum period of 45 daysfrom the date of opening of the Tender. It is understood that the tenderdocuments have been sold/issued to the Tenderer(s) and the Tenderer(s), is /are permitted to tender in consideration of the stipulation on his / their part thatafter submitting his / their tender subject to the period being extended further,if required by mutual agreement from time to time, he will not resile from hisoffer or modify the terms and conditions thereof in a manner not acceptable tothe Divisional Engineer of Samastipur Division of East Central Railway, Shouldthe tenderer fail to observe or comply with the foregoing stipulation, theamount deposited as Earnest Money for the due performance of the abovestipulation, shall be forfeited to the Railway.

No No Not Allowed

6.3

If the tender is accepted, the amount of Earnest Money will be retained andadjusted as Security Deposit for the due and faithful fulfillment of the contract.This amount of Security Deposit shall be forfeited, if theTenderer(s)/Contractor(s) fail to execute the Agreement Bond within 7 daysafter receipt of notice issued by Railway that such documents are ready or tocommence the work within 15 days after receipt of the order to that effect.

No No Not Allowed

6.4

Earnest Money of the unsuccessful tenderer(s) will, save as here-in-beforeprovided, be returned to the unsuccessful tenderer(s) within a reasonabletime, but the Railway shall not be responsible for any loss or depreciation thatmay happen to the Security for the due performance of the stipulation to keepthe offer open for the period specified in the tender documents or to theEarnest Money while in their possession nor be liable to pay interest thereon.

No No Not Allowed

7

Rights Of The Railway To Deal With Tender: The authority for the acceptanceof the tender will rest with the Railway. It shall not be obligatory on the saidauthority to accept the lowest tender or any other tender and no tenderers(s)shall demand any explanation for the cause of rejection of his/their tender northe Railway to assign reasons for declining to consider or reject any particulartender or tenders.

No No Not Allowed

8If the tenderer(s) deliberately gives / give wrong information in his / theirtender or creates / create circumstances for the acceptance of his / theirtender, the Railway reserves the right to reject such tender at any stage.

No No Not Allowed

9

If the tenderer(s) expire(s) after the submission of his / their tender or after theacceptance of his / their tender, the Railway shall deem such tender cancelled.If a partner of a firm expires after the submission of their tender or after theacceptance of their tender, the Railway shall deem such tender as cancelled,unless the firm retains its character.

No No Not Allowed

10 Eligibility Criteria : No No Not Allowed

10.1

The tenderer(s) shall be eligible only if he / they fulfill Eligibility Criteria ofhaving received total contract amount during the last three financial years andin the current financial year with a minimum of 150% of the advertised tendervalue above 50 lakh .

No No Not Allowed

10.2

Authentic Certificates shall be produced by the tenderer(s) to this effect whichmay be an attested Certificate from the employer / client, Audited BalanceSheet duly certified by the Chartered Accountant etc. {Authority: RailwayBoard's letter no. 94/CE-I/CT/4 (Pt. II), Dated 07/14.11.2013}

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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11

Tenderer's Credentials: Documents testifying tenderer's previous experienceand financial status should be produced along with the tender or when desiredby competent authority of the Railway. Tenderer(s) who has / have not carriedout any work so far on East Central Railway and / or who is / are not borne onthe approved list of the Contractors of East Central Railway should submitalong with his / their tender credentials to establish: (i)His capacity to carry outthe works satisfactorily. (ii)His financial status supported by Bank referenceand other documents. (iii)Certificates duly attested and testimonials regardingcontracting experience for the type of job for which tender is invited with list ofworks carried out in the past.

No No Not Allowed

12

Tender must be submitted online on IREPS web portal for E-Tendering ofIndian Railways. Bidders will be able to submit their original/revised bids up toclosing date and time only after the start of the bidding.Manual offers are notallowed against this tender, and any such manual offer received shall beignored.

No No Not Allowed

13Non-compliance with any of the conditions set forth therein above is liable toresult in the tender being rejected.

No No Not Allowed

14

Execution Of Contract Documents: The successful Tenderer(s) shall berequired to execute an agreement with the President of India acting throughthe Divisional/Sr. Divisional Engineer of Samastipur Division of East CentralRailway for carrying out the work according to Standard General Conditions ofContract, Special Conditions / Specifications annexed to the tender andSpecification for work and materials of Railway as amended/corrected up tolatest Correction Slips, mentioned in tender form (First Sheet).

No No Not Allowed

15

Partnership Deeds, Power Of Attorney Etc.: The tenderer shall clearly specifywhether the tender is submitted on his own or on behalf of a partnershipconcern. If the tender is submitted on behalf of a partnership concern, heshould submit the certified copy of partnership deed along with the tender andauthorization to sign the tender documents on behalf of partnership firm. Ifthese documents are not enclosed along with tender documents, the tenderwill be treated as having been submitted by individual signing the tenderdocuments. The Railway will not be bound by any power of attorney grantedby the tenderer or by changes in the composition of the firm made subsequentto the execution of the contract. It may, however, recognize such power ofattorney and changes after obtaining proper legal advice, the cost of which willbe chargeable to the contractor.

No No Not Allowed

16

The tenderer whether sole proprietor, a limited company or a partnership firmif they want to act through agent or individual partner(s) should submit alongwith the tender or at a later stage, a power of attorney duly stamped andauthenticated by a Notary Public or by Magistrate in favour of the specificperson whether he/they be partner(s) of the firm or any other personspecifically authorizing him/them to submit the tender, sign the agreement,receive money, witness measurements, sign measurement books,compromise, settle, relinquish any claim(s) preferred by the firm and sign "NoClaim Certificate" and refer all or any disputes to arbitration.

No No Not Allowed

17 Employment/Partnership Etc. Of Retired Railway Employees: No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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17.1

Should a tenderer be a retired engineer of the Gazetted rank or any otherGazetted officer working before his retirement, whether in the executive oradministrative capacity or whether holding a pensionable post or not, in theEngineering or any other department of any of the railways owned andadministered by the President of India for the time being, or should a tendererbeing partnership firm have as one of its partners a retired engineer or retiredGazetted Officer as aforesaid, or should a tenderer being an incorporatedcompany have any such retired engineer or retired officer as one of itsDirectors or should a tenderer have in his employment any retired Engineer orretired Gazetted Officer as aforesaid, the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and incase where such Engineer or Officer had not retired from Government serviceat least one year prior to the date of submission of the tender as to whetherpermission for taking such contract, or if the contractor be a partnership firm oran incorporated company, to become a partner or Director as the case maybe, or to take the employment under the contractor, has been obtained by thetenderer or the Engineer or Officer, as the case may be from the President ofIndia or any officer, duly authorized by him in this behalf, shall be clearly statedin writing at the time of submitting the tender. Tenders without the informationabove referred to or a statement to the effect that no such retired Engineer orretired Gazetted Officer is so associated with the tenderer, as the case maybe, shall be rejected.

No No Not Allowed

17.2

Should a tenderer or contractor being an individual on the list of approvedContractors, have a relative(s) or in the case of partnership firm or company ofcontractors one or more of his shareholder(s) or a relative(s) of theshareholder(s) employed in gazetted capacity in the Engineering or any otherdepartment of the East Central Railway, the authority inviting tenders shall beinformed of the fact at the time of submission of tender, failing which thetender may be disqualified/rejected or if such fact subsequently comes to light,the contract may be rescinded in accordance with provision in Clause 62 ofStandard General Conditions of Contract.

No No Not Allowed

18

As per Rly. Board's Letter No. 2018/CE-I/4 date - 17-10-18 a web based E-Application has been developed and now payment of contract labour wagesand other payments has to uploaded on websitewww.shramikkalyan.indianrailways.gov.in with following procedure:-

No No Not Allowed

18.1

Contractor shall apply for onetime registration of his company/firm etc. in theShramikkalyan portal with requisite details subsequent to issue of Letter ofAcceptance. Engineer shall approve the contractor's registration on the portalwithin 7 days of receipt of such request

No No Not Allowed

18.2Contractor once approved by any Engineer, can create password with login ID(PAN No.) for subsequent use of portal for all LoAs issued in his favour

No No Not Allowed

18.3

The contractor once registered on the portal shall provide details of his Letterof Acceptances (LoA) / Contract Agreements on Shramikkalyan Portal within15 days of issue of any LOA for approval of concerned engineer. Engineershall update (if required) and approve the details of LOA filled by contractorwithin 7 days of receipt of such request.

No No Not Allowed

18.4After approval of LoA by Engineer, contractor shall fill the salient details ofcontract labours engaged in the contract i.e. payment details, PF/ESI details,bonus details etc. on monthly basis

No No Not Allowed

18.5It shall be mandatory upon the contractor to ensure correct and promptuploading of all salient details of engaged contractual labolur & paymentsmade thereof each wage period.

No No Not Allowed

18.6

While processing payment of any 'On Account bill' or 'Final bill' or release of'Advances' or 'Performance Guarantee'/' Security deposit', contractor shallsubmit a certificate to the Engineer or Engineer's representative that "I haveuploaded the correct details of contract labours engaged in connection withthis contract and payments made to them during the wage period in Railway'sShramikkalyan portal at 'www.shramikkalyan.indianrailways.gov.in' tillMonth........Year......."

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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19

Contractor is to abide to follow the rules related to contract labour and Clause54, 55 & 57 of Indian Railway GCC-2018 (a)Contract Labour (Regulation andAbolition) Act (CLRA), 1970. (b)Contract Labour (R & A) Rules, 1971.(c)Minimum wages Act (MWA), 1948 and Minimum Wages Rules (MWR),1950. (d)Employees' Provident Fund and Miscellaneous Provisions Act (EPFand MPA), 1952 and Employees' Provident Fund Scheme (EPFS), 1952.(e)Employee's State Insurance Act (ESIA), 1948. (f)Employees' CompensationAct (ECA), 1923.

No No Not Allowed

Special Conditions

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1

INCONSISTENCY BETWEEN THE DOCUMENTS: All the books of referenceas mentioned in Para -1 of Tender Form (Second Sheet) shall be read with allup-to-date correction slips issued thereto from time to time up to the start dateof bidding of the tender . These books of reference shall govern the contractand shall form integral part thereof subject to modification, addition orsuppression by special conditions of contract and/or special specifications ofthe work as contained in this tender document. However, in case of anyinconsistency and contradictions between the books of reference and thespecial conditions and specifications, the special conditions and specificationsshall prevail. It must be noted that English version of this entire document willprevail.

No No Not Allowed

2

INSPECTION OF SITE:- Before submitting tender, tenderer will be deemed tohave satisfied himself, by actual inspection of the site and locality of the work,that all conditions liable to be encountered during execution of the work aretaken into account and that the rates, he enters in this tender document, areadequate and all inclusive to accord with the provisions in Caluse-37 of theGCC-2018 for completion of the works to the entire satisfaction of theRailway.

No No Not Allowed

3 TENDERERS POSTAL ADDRESS No No Not Allowed

3.1

Address of Tenderer:- Address of the tenderer Registered on IREPS portalwill be treated as his postal address fully and all communication sent in time tothe tenderer by post at the said address shall be deemed to have reached thetenderer duly and in time. Important documents shall be sent by RegisteredPost.

No No Not Allowed

3.2Change of address: - Tenderer shall keep the Railway informed of changes inthe postal address at all times in his own interest.

No No Not Allowed

4

SALES TAX CLEARANCE CERTIFICATE:- a.Tenderer is required to produce,along with his tender, an authorized copy of latest Sales Tax ClearanceCertificate, hereinafter referred to as STCC, issued by the appropriateCommercial Tax Officer. Care should be taken to get all necessaryinformation and date entered in the STCC and no column should be left blank.b.If the tender without such a certificate is considered, such certificate shallhave to be produced before any payment is made. The Contractor shall haveno claim in regard to non-payment in absence of such a certificate. However,instructions issued in this regard by the appropriate authority would prevail.

No No Not Allowed

5

ELIGIBILITY CRITERIA: Tenderer is also required to submit, along with histender, all relevant documents/certificates, which makes his eligible for thepresent tender as per prescribed eligibility criteria advertised in the tendernoticed in addition to given in Para 10 of Tender Form (Second sheet)

No No Not Allowed

6

PERIOD OF VALIDITY OF THE TENDER: Tenderer shall keep his tenderopen for a minimum period of 45 Days from the date of opening of this tender.It shall be understood that, after submitting his tender, the tenderer shall notresile from his offer or modify the terms and conditions there of in a mannernot acceptable to the Railway within the above period. The Railway may,however, request the tender to extend validity of his tender with aforesaidstipulations enforced.

No No Not Allowed

7

PERIOD OF COMPLETION OF THE WORK: The entire work covered by thistender is required to be completed in all respects within the period ofcompletion stipulated in Tender Notice and the period shall be reckoned fromthe date of issue of the letter of acceptance. Tenderer shall submit his tendersubject to acceptance of this condition and with undertaking to do so, if thework is awarded to him.

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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8

EARNEST MONEY: It is brought to the notice of all bidders that manual/offline mode of payment through Demand Draft, Banker's cheque, CashDeposit receipts etc. shall not be available against Works Tenders publishedon or after 15.09.2016. The bidders will have to make payment towardstender document cost and earnest money against such tenders throughonline payment modes like net banking, debit/ credit cards etc. available onIREPS portal.

No No Not Allowed

9

Appropriation of Earnest Money towards Security Deposit: If the tender isaccepted, the amount of Earnest Money deposited by such tenderer shall beretained as part of security Deposit for the due and faithful fulfillment of thecontract in terms of Clause-16 of GCC-2018 and shall for part of the securitydeposit stipulated in this tender document. This amount of Security Depositshall be forfeited if the tenderer(s)/contractor(s) fail to execute the AgreementBond within 7 days after receipt of notice issued by railway that suchdocuments are ready or to commence the work within 15 days after receipt ofthe orders to that effect.

No No Not Allowed

10 Forfeiture of Earnest Money:- No No Not Allowed

10.1

The Tenderer(s) shall keep the offer open for a minimum period of 45 (Fortyfive) days from the date of opening of the Tender. It is understood that thetender documents has been sold/issued to the Tenderer (s) and theTenderer(s) is/are permitted to tender in consideration of the stipulation onhis/their part that after submitting his/their tender subject to the period beingextended further if required by mutual agreement from time to time, he will notresile from his offer or modify the terms and conditions thereof in a mannernot acceptable to the Divisional Engineer/Sr. Divisional Engineer/Samastipurof East Central Railway, should the Tenderer fail to observe or comply withthe foregoing stipulation, the amount deposited, as Earnest Money for the dueperformance of the above stipulation, shall be forfeited to the Railway.

No No Not Allowed

10.2

Tenderer, whose tender is accepted, shall be required to appear in person, orif a firm or incorporation, a duly authorized representative shall so appear atthe office inviting this tender and execute contract agreement within sevendays after issue of notice that the contract document is ready for execution.Failure to do so shall constitute breach of the agreement affected byacceptance of his tender in which case full amount of the earnest moneyaccompanying his tender shall stand forfeited without any other right orremedies.

No No Not Allowed

10.3

In the event when tenderer, whose tender is accepted, shall refuse to executethe contract document as hereinbefore provided, the Railway may determinethat such tenderer has abandoned the contract and thereupon his tender andacceptance thereof shall be treated as cancelled and the Railway shall beentitled to forfeit full value of his earnest money and to recover damages forsuch default.

No No Not Allowed

10.4In the event when tenderer, whose tender is accepted, fails to commence thework within fifteen days after issue of letter of acceptance, provisionscontained in Clause 62 of the GCC-2018 shall be applicable.

No No Not Allowed

11 Refund of Earnest Money:- No No Not Allowed

11.1

The Earnest Money of the unsuccessful tenderer (s) will, save as here-in-before provided, be returned to the unsuccessful tenderer (s) within areasonable time but the Railway shall not be responsible to any loss ordepreciation that may happen to the Security for the due performance of thestipulation to keep the offer open for the period specified in the tenderdocuments or to the Earnest Money while in their possession nor be liable topay interest thereon

No No Not Allowed

11.2Earnest money deposited by unsuccessful tenderer (s) shall be refundedthrough RTGS/NEFT, directly into the tenderers bank account asmentioned/given by the tenderers in tender document

No No Not Allowed

12Tender without Earnest Money:- Tender not accompanied with prescribedamount of earnest money in the form as aforesaid shall be summarilyrejected.

No No Not Allowed

13 PERFORMANCE GUARANTEE No No Not Allowed

13.1The procedure for obtaining Performance guarantee will be accordance withPara 16(4) of Indian Railways General Conditions of the Contract-2018 withup to date correction slip

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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13.2

In this connection revised provision of Clause 16(4)(d)of GCC-2018 The valueof PG to be submitted by the contractor will not change for variation up to 25%(either increase or decrease)In case during the course of execution, value ofthe contract increase by more than 25% of the original contract value, anadditional Performance guarantee amounting to 5% (Five percent) for theexcess value over the original contract value shall be deposited by thecontractor.On the other hand, if the value of the contract decreases by morethan 25% of the original contract value, Performance Guarantee amounting to5%(Five percent) of the decrease in the contract value shall be returned tothe contractor. The PG amount in excess of required PG for decreasecontract value, available with Railways, shall be returned to contractor as pertheir request duly safeguarding the interest of Railway.

No No Not Allowed

13.3The procedure to release Excess, PG available with Railways with respect torequired PG for decreased contract value, will be as under:

No No Not Allowed

13.3.1

Contractors shall submit his request to release current PG along withsubmission of a revised PG of requisite amount as notified/communicated byRailways, in any of the forms as per clause 16(4) except in cases whereearlier PG has been submitted either in cash or demand draft.

No No Not Allowed

13.3.2Railway shall duly verified and confirm with genuinely of revised PG as perconcurrent guidelines

No No Not Allowed

13.3.3After confirmation regarding genuinely of revised PG of requisite value earlierPG can be released.

No No Not Allowed

13.3.4In cases where current PG either in cash or demand draft, the excess PGavailable with Railways with respect to required PG for decreased contractvalue, shall be released dully considering the request of the contractor.

No No Not Allowed

14

FALSE AND OR INCOMPLETE STATEMENTS: If tenderer gives wronginformation in his tender or creates circumstances for acceptance of histender at any stage of tender or at any stage of contract in the event of histender having been accepted, his tender or contract shall be liable to becancelled/rescinded in addition to the followings

No No Not Allowed

14.1If such issues come to light at tender stage, full amount of his earnest moneyshall be forfeited

No No Not Allowed

14.2In cases where such issues come to light at contract stage, the rightsavailable to the Railway under clause-61 of the GCC-2018 shall be applicable

No No Not Allowed

15 QUOTATIONS OF RATES No No Not Allowed

15.1

Quoting rates for all items: - Tenderer shall quote his rates as %percentage/above/ par/below the rate of USSOR/2012 except where he isrequired to quote rate for an item. Tender shall submit their offer online onIREPS portal as per instruction contained therein.

No No Not Allowed

15.2

Change in quantities and items:- The Railway reserves rights to modify any orall items of the schedules including deletion of any of the item. Therefore,tenderer should quote reasonable and workable rate for each of the item. Thecontractor shall not be entitled for any revision of rates due to suchincrease/decrease in quantities of items and payment shall be made on thebasis of actual quantities executed under various items and at the acceptedrates thereof.

No No Not Allowed

15.3

Fluctuation in market rates:- Rates quoted by tenderer and accepted by theRailway shall hold good till completion of the work and are not subject tofluctuation of any kind, save and except what is admissible under the pricevariation clause, if provided for in the tender document and applicable in thecase.

No No Not Allowed

15.4

Rates to include all taxes: Rates quoted by tenderer shall be inclusive of alltaxes levied by the Central Government' State Government, MunicipalCorporations, Local bodies or any other authorized bodies applicable up tothe closing date of the tender.

No No Not Allowed

15.5 Rates in Indian Rupee: Rates should be quoted in Indian Rupee only. No No Not Allowed

16 REBATE No No Not Allowed

16.1If any tenderer wishes to give any rebate on the rates quoted by him / them,the same can be filled by him/ them in the prescribed Schedule of IREPSportal

No No Not Allowed

16.2It is to be noted that such rebate if offered, shall apply on the rates quoted forall the items in all other Schedules of the Tender documents. Such a rebateshall be totally unconditional.

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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16.3

In case a Tenderer does not wish to give any rebates, he / they should write"Nil" in this Schedule. In case nothing has been filled in by the tenderer in thisSchedule, it will be treated as "Nil" and shall be no recorded in the blanksabove at the time of opening of the tender by the officials opening of thetender.

No No Not Allowed

16.4If any tenderer gives any type of conditional rebate, such rebate shall not beconsidered for evaluation of the tender.

No No Not Allowed

17 SPECIAL CONDITIONS BY TENDERER No No Not Allowed

17.1

Tenderer is normally not expected to quote any special condition or stipulationof his own rather is expected to submit his tender in accordance with theconditions and stipulations contained in this tender document. However, if thetenderer wishes to quote any special condition and or stipulation or wishes tointimate the Railway of any matter of importance, he may do so through thecovering letter of his tender. Such stipulations and conditions shall be part ofthe contract agreement in case of acceptance of his tender only to the extentexplicitly accepted by the Railway. The Railway, however, reserves rights notto accept any such special condition and stipulation made by the tenderer andmay reject such tender as unacceptable without any reference to thetenderer, may ask the tenderer to withdraw any or all such stipulations beforeaccepting his tender and, in the event of his refusal to do so, may not accepthis tender.

No No Not Allowed

17.2

In cases where tenderer makes special conditions and or stipulations, he shallalso indicate, along with such conditions and stipulations, the cost ofwithdrawal of the same. The Railway reserves the rights either to accept suchconditions and stipulations made by such tenderer or to accept the costthereof at its sole discretion. If such cost is not indicated, it will be construedthat the tenderer is not in a position to withdraw these conditions at any costand his tender may be adjudged accordingly without any reference to thetenderer.

No No Not Allowed

18

SPECIAL CONDITION REGARDING DISASTER MANAGEMENT- In case ofany accident or major disruption to the Railway traffic the available machineryand vehicle of the contractor available at the site can be used by theRailways. It will be liability on the contractor available at the site can be usedby the Railways. It will be liability on the contractor to make available thesevehicles/machinery to the Railway administration as early as possible. Therate for utilization of the above vehicles will be negotiated by the contractorwith Railway Administration based on the requirement of site, distance of theaccident from the work site and the duration for which the vehicle is requiredto be used. In no case, contractor will refuse the use of theirvehicle/machinery for the Railway in sue of accident/natural calumniates.

No No Not Allowed

19

MAINTENANCE OF THE WORK- The work shall be maintained for a period ofOne year unless otherwise specified in Additional Special Condition of theContract in accordance with instruction given in Clause 47 of Indian RailwaysStandard General Condition of contract-2018 beyond the date of completionas given in the certificate issued in accordance with Clause-48(1) & (2) ofIndian Railways Standard General Condition of contract-2014

No No Not Allowed

20 SUBMISSION OF TENDER No No Not Allowed

20.1

Tender duly filled in and complete in all respect will be submitted online onIREPS web portal of Indian Railways after the start of the bidding date asadvertised in the tender notice. All supporting credentials & other documentsshould be uploaded on IREPS web portal on and before the date and timespecified for closing the tender after the start of bidding time as specified inTender Notice.

No No Not Allowed

20.2Manual offer are not allowed against this tender, and any such manual offerreceived shall be ignored.

No No Not Allowed

20.3Late tender/delayed tender:- Late/delayed tender shall be dealt with as perextent instructions of the Railway for the time being and tenderer shall haveno right of consideration of such tender.

No No Not Allowed

21OPENING OF TENDER: Tenders shall be opened on IREPS portal at the dateand time mentioned in NIT. However, such date and time of opening may bepostponed at the sole discretion of the Railway, if circumstances so warrant.

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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22

CLARIFICATIONS ON THE TENDER SUBMITTED To assist in examination,evaluation and comparison of tenders, the Railway or its authorized personmay ask the tenderers for clarification, if any, required for such examination,evaluation and/or comparison. However, request for such clarification andresponse, thereof, shall be in writing.

No No Not Allowed

23 NEGOTIATION No No Not Allowed

23.1

The Railway reserves the rights to enter into negotiations with one, more or alltenderers, at its sole discretion, before acceptance of any particular tender inorder to clarify special conditions for reduction of rates and/or for changes inscope of the work etc.

No No Not Allowed

23.2

Should such a negotiations with a tenderer be entered into, the tenderer shallnot be permitted to increase the quoted rates under any circumstances, evenif it includes withdrawal and/or modification of such special conditions as aregiven by the tenderer along with his original tender.

No No Not Allowed

24 ACCEPTANCE OF TENDER No No Not Allowed

24.1

The authority for acceptance of this tender will rest with the Railway. It shallnot be obligatory on the said authority to accept the lowest or any othertender. The Railway reserves the right to cancel the tender, accept a tender inwhole or in part or reject any tender or all tenders. No tenderer shall demandany explanation for such cause of rejection of his tender nor does the Railwayundertake to assign reasons for declining to consider or reject any particulartender

No No Not Allowed

24.2The Railway reserves the rights to split the work without any reference totenderer and may divide this tender to more than one tenderer, if deemednecessary

No No Not Allowed

25 LETTER OF ACCEPTANCE No No Not Allowed

25.1

Acceptance of this tender shall be communicated to the successful tenderer,whose tender would be accepted by the Railway, by Registered Post at theaddress given by him in his tender. The letter of acceptance shall remainoperative till a formal contract agreement is executed and signed between thecontractor and the Railway after which the said letter of acceptance shallmerge into the aforesaid formal agreement.

No No Not Allowed

25.2

The Railway shall not intimate result of this tender to such tenderer whosetender would not be accepted. However, the Railway will refund the earnestmoney to such tenderer as early as possible, where such a refund is requiredto be made as detailed here in above.

No No Not Allowed

26

CONDITIONS REGARDING PLYING VEHICLES: The contractor shall notallow any road vehicle belonging to him or his suppliers etc. to ply in Railwayland next to the running line. If for execution on of certain works viz.Earthwork for parallel Railway line and supply of ballast for new or existing railline gauge conversion etc. road vehicles are necessary to be used in railwayland next to the railway lines, the contractor shall apply to the Engineer-in-charge for permission giving the type and no. of individual vehicles, name andlicense particulars of the drivers, location, duration & timings for suchwork/movement. The Engineer in charge or his authorized representative willpersonally counsel, examine and certify, the road vehicles drivers,contractor's flagmen & supervisor and will give written permission givingnames of road vehicle drivers, contractor's flagman and supervisor to bedeployed on the work, location, period and timing of the work. This permissionwill be subject to the following obligatory conditions-

No No Not Allowed

26.1 The road vehicles will ply only between sunrise & sunset No No Not Allowed

26.2Nominated vehicles and drivers will be utilized for work in the presence of atleast one flagman and one Supervisor certified for such work.

No No Not Allowed

26.3

The vehicles shall ply 6m. Clear of track any movement/work at less than 6mand up to minimum 3.5m. Clear of track centre, shall be done only in thepresence of experienced Trackman who shall be deputed by Railway asFlagman duly authorized by the Engineer in charge at the cost of thecontractor to ensure the safety of track. No part of the road vehicle will beallowed at less than 3.5 m. from track centre. Cost of such railway employeesshall be borne by the Railway and the expenses towards their wages shall berecovered from the dues of the contractor.

No No Not Allowed

26.4The Contractor shall remain fully responsible for ensuring safety and in caseof any accident, shall road cost of all damages to the equipment & man andalso damages to railway and it's passengers.

No No Not Allowed

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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26.5Engineer in charge may impose any other condition necessary for a particularwork or site.

No No Not Allowed

27 PREVENTION OF ACCIDENTS No No Not Allowed

27.1The contractor shall be responsible for the safety his workmen and shallprovide them with necessary standard wear and apparel consistent with thenature of work being executed by his workmen.

No No Not Allowed

27.2

The contractor shall ensure safety of his workmen by posting necessaryflagmen, whose job will be to caution the workmen of approaching trains,when his workmen work on or near running railway line. Similar action wouldbe taken, while working on or near road in use.

No No Not Allowed

27.3The Contractor shall protect the site of the work, excavated areas etc byadequate fencing and or other suitable means to prevent accidents to his ownworkmen, the railway men or any member of the public

No No Not Allowed

27.4

Should any accident take place, total cost of damage including the cost oftreatment, loss and or compensation to all affected person/organization andthe Railway shall be payable by the contractor. In case the Railway, under anycircumstances or law of the country, pays such damage, the same shall befully recovered from the contractor's dues

No No Not Allowed

28

SECURITY DEPOSIT: The Earnest Money deposited by the Contractor withhis tender will be retained by the Railways as part of security for the due andfaithful fulfillment of the contract by the contractor. The mode of deductionand refund of Security deposit will be as prescribed in Clause-16(1), (2) & (3)of Indian Railways Standard General Condition of Contract-2018

No No Not Allowed

29

DEDUCTION OF INCOME TAX AT SOURCE- In pursuance of the Finance Act1972 introducing section 194 C in the Income Tax Act, 1961 providingdeduction of Income Tax at source from income comprised in payment madeto the contractor for carrying out any work or supply of labour for carrying outany work, the E. C. Railway Administration shall be entitled to deduct 2% (twopercent) of gross payment of any sum paid after 31st May, 1972 to thecontractor as Income Tax excluding the surcharge on Income Tax, which shallalso be deducted as applicable as per extent rules and regulations.

No No Not Allowed

30

Deduction of Building and other Construction workers cess- The tenderer forcarrying out any construction work must get registered from the RegisteringOfficer under Section - 7 of the Building and other Construction workers Act,1996 and rules made thereto by the concerned State Govt. and submitcertificate of Registration issued from the Registering Officer of the state, thetenderer shall be required to pay cess as prescribed in Clause-55-C of IndianRailways Standard General Condition of Contract-2018

No No Not Allowed

31VARIATION IN EXTENT OF CONTRACT- Variation in scope of the work willbe governed by Clause-41, 42(1), (2),(3) & (4) of Indian Railways StandardGeneral Condition of Contract-2018.

No No Not Allowed

32 SPECIFICATIONS OF WORK AND MATERIALS No No Not Allowed

32.1Entire work shall be carried out in accordance with the specification containedin Indian Railway's Unified Standard Specifications (Works and Materials)Volume-I & II 2010 of Engineering Departments.

No No Not Allowed

32.2Any specifications, not covered by this tender document, shall be inaccordance with relevant IRS codes, BIS codes and or IRC codes read in theorder as they appear here.

No No Not Allowed

32.3

Materials to be supplied by the contractor for the work shall conform tospecifications contained in this tender document. If called upon, the contractorshall state the actual source of supply of materials to be supplied by him andshall submit samples for prior approval. During execution of the work, allmaterials brought to the site by the contractor must be offered for inspectionand passing by the ADEN concerned of the section before being used in thework and such approval shall be recorded in a register maintained for thepurpose.

No No Not Allowed

33 Guideline for procurement of Steel Items in Railway Project/ Contracts No No Not Allowed

33.1

All reinforcement Steel (TMT Bars) and structural Steel shall be procured asper specifications mentioned in BIS's documents- IS: 1786 and IS: 2062respectively. Independent tests shall be conducted, wherever required, toensure that the materials procured conform to the specifications.

No No Not Allowed

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33.2

These steel shall be procured only from those firm, which are Established,Reliable, indigenous and Primary Producers of Steel, having integrated steelplants (ISP), using iron are as the basic raw material and having in-house ironrolling facilities, followed by production of liquid steel and crude steel, as perMinistry of Steel guidelines.

No No Not Allowed

33.3Samples of materials to be supplied by the contractor may be got tested atthe contractor's cost in any recognized laboratory at the sole discretion of theEngineer. All test result shall be binding to contractor.

No No Not Allowed

34 SUPPLY OF RAILWAY MATERILAS No No Not Allowed

34.1

Unless otherwise stated all the materials required for the execution of thework are supplied by the contractor and all rates are inclusive of cost ofmaterials also except Cement and Re-enforcement Steel which will be paidseparately upon their use in the work shall be paid for at the rates quoted bythe tenderer and accepted by the competent authority.

No No Not Allowed

34.2

Quantity of cement, which shall be paid for shall be calculated in accordancewith the methods outlined in USSOR-2012, relevant BIS codes etc or byactual site measurement, as in case of controlled concrete or pile foundationetc., and in the same order as here.

No No Not Allowed

34.3Quantities of both structural and reinforcement steel, which shall be paid forshall be calculated on the basis of actual consumption in respective items ofthe work and without allowing for any wastage, cut pieces etc

No No Not Allowed

34.4

Materials, supplied by the Railway if any shall be supplied at the storegodowns of the JE/SE under whom the work will be executed and thecontractor shall carry the materials from there to the site of the work by roador by loading into wagons at his own cost as per direction of the Engineer-at-site.

No No Not Allowed

34.5Materials, to be supplied by the contractor, shall be delivered at the site ofconsumption and the Railway shall make no payment towards handling,transport, storage and safe custody of the same.

No No Not Allowed

34.6

While transporting and storing materials supplied by the Railway, theContractor shall guard against any deterioration, damage or loss due to anycause whatsoever (i.e. cement becoming set due to moisture, steel gettingrusted etc.) and the contractor shall make necessary precautionaryarrangement for this at his own risk and cost. Cost of materials damaged bythe contractor shall be recovered as detailed in the Para below.

No No Not Allowed

34.7

In case of supply of cement by the Railway in Jute/Polythene bags, the emptybags, if required by the railway, shall be retained by the contractor fordisposal, preferably to the authorized bag collecting agents, and a sum ofRs.3/- (Rupees three only) per bag shall be recovered from the contractor'sbills towards empty bags.

No No Not Allowed

34.8Quantity of materials, supplied by the Railway to the contractor, shall beregulated by the Railway commensurate with progress of the work and shallbe issued only on written demand from the contractor from time to time.

No No Not Allowed

34.9

All materials issued in excess of requirement by the Railway to the contractorshall be returned by the contractor in good conditions free of cost at the storegodown of the stockholder from where they were issued. In case ofreinforcing and or structural steel, cut pieces to the extent of maximum of 2%(Two percent) of actual consumption shall be returned without attracting anydeduction. For any excess over this quantity, deduction at the rate worked outas per Para 11.10 below would be effected.

No No Not Allowed

34.10

If the contractor fails to return excess materials issued to him, cost of suchexcess materials shall be recovered, for the quantity of each of such materialsnot returned, at the rates 1.5 times the prevailing procurement rates at thetime of last issue of each of such materials plus 5% (five percent) for freightand 2% (two percent) towards incidental charges. The rates thus arrived atshall by increased by 12.5% for supervision charges as per extant rules.

No No Not Allowed

34.11

While transporting materials, whether supplied by the Railway or by thecontractor, the contractor shall be fully responsible and answerable for anydislocation or damage caused by his to rail traffic or to roads and for anyaccidents which may occur en-route and shall make good the same at hisown risk and cost. It is deemed that the contractor has fully indemnified theRailway against any claims made by any party for such dislocation, damageor accident. In the event of the contractor failing to make good such loss, theRailway shall do so, at the contractor's cost, at its sole discretion.

No No Not Allowed

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34.12

Railway may provide water for execution of work, for which water charges willbe deducted from bills as per prevailing rules. If water is not supplied byRailway, the contractor should make own arrangement of supply of waterrequired for execution of work and no extra payment will be made by Railwayon this account. In this regard a certificate for use of water, supplied byrailway or by contractor own sources, may be given by the site Engineer ofthe work.

No No Not Allowed

34.13

Contractor may be permitted to erect temporary store during currency of thecontract free of charge for this, the contractor should apply to the Engineer-in-charge and specific approval of DEN/Sr.DEN should be taken. The Contractormust remove the temporary store after the agreed date of completion of work.

No No Not Allowed

35 HIRE CHARGES No No Not Allowed

35.1

The Railway may give to the contractor any plant and equipment on hire, ifavailable, on a specific request made by the contractor to the Railway.However, the Railway shall not entertain any claim of the contractor forcompensation due to the Railway's failure to do so. The Railway shall also notentertain any excuse of the contractor for slow progress of non-performanceof the work due to the Railway's inability to supply such plants andequipment's.

No No Not Allowed

35.2

Issue of such plants and equipment's shall not be allowed as matter ofroutine, rather shall be permitted only in those cases where need for helpfrom the Railway could be established having regard to the nature andurgency of the situation and without adversely affecting normal requirementsof the Railway. A statement of materials, thus issued, and hire chargesrecovered should invariably by furnished along with the final bill by thecontractor.

No No Not Allowed

35.3Recovery of hire charges:- The hire charges to be recovered from thecontractor are to be calculated as per extent rule of the Railway and decidedby the Engineer In-charge

No No Not Allowed

36 RESPONSIBILITY FOR DAMAGE TO CONTRACTOR'S MATERIALS No No Not Allowed

36.1The Railway administration shall not be responsible for any loss or damage tothe contractor's materials, equipment's, tools and plants due to fire, flood orany other cause whatsoever.

No No Not Allowed

36.2The materials issued by the Railway to the contractor for use in the work shallbe treated as contractor's materials for this purpose and the contractor shallmake good the materials in the event of any loss or damage thereto.

No No Not Allowed

36.3Part of the work finished but not taken over by the Railway shall be treated ascontractors materials for the purpose and the contractor shall be responsiblefor making good any loss or damage thereto.

No No Not Allowed

37 Quality Assurance and Reduced Payment: No No Not Allowed

37.1

The contractor shall supply all materials and execute all works according tothe specifications and drawings pertaining to the work, both in respect ofstructural strength and finish, in addition to complying with provision of GCC-2018.

No No Not Allowed

37.2

Mixing of cement for concrete, mortar etc. shall be done by Mechanical Mixerand concrete should be vibrated by vibrator of appropriate design. All chargesfor working of machine viz. fuels, drivers, repairs, etc. will have to be borne bythe contractor. No extra payment will be made on this account.

No No Not Allowed

37.3In case a contractor executes a work, which is below the specified structuralstrength, the work shall be dismantled and re-executed at contractor's cost atthe sole discretion of the Engineer at site.

No No Not Allowed

37.4

In case a contractor executes a work which is structurally up to specifications,but sub-standard in finish, the same may be approved and accepted by theRailway in cases where finish is not so important, at Railways sole discretion,provided that where such a work is accepted, the payment for such work shallbe made as decided by competent Railway authority

No No Not Allowed

38

TERMINATION OF CONTRACT AFTER EXPIRY OF DATE OFCOMPLETION- Railway reserve the rights to terminate the contract even afterexpiry of date of completion where contractor is not willing to extend validity ofdate of completion as per Railway Boards letter No.99/CE-I/CT/28 (PT) NewDelhi, dated 17-05-2004.

No No Not Allowed

39 PRICE VARIATION No No Not Allowed

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39.1

Price variation clause (PVC) shall be applicable only for contracts of value(Contract Agreement Value) Rs 5 crore and more, irrespective of the Contractcompletion period. Will be dealt as per applicability & method as prescribed inClause-46A of the Indian Railways Standard General Condition of Contract-2018.

No No Not Allowed

39.2

Clause-46A.1 Applicability: Price Variation Clause (PVC) shall be applicableonly for contracts of value as prescribed by the Ministry of Railways throughinstructions/circulars issued from time to time and irrespective of the contractcompletion period. Variation in quantities shall not be taken into account forapplicability of PVC in the contract

No No Not Allowed

39.3

Materials supplied free of cost by Railway to the contractors shall fall outsidethe purview of Price Variation Clause. If, in any case, accepted offer includessome specific payment to be made to consultants or some materials suppliedby Railway free or at fixed rate, such payments shall be excluded from thegross value of the work for the purpose of payment/recovery of price variation

No No Not Allowed

39.4

Applicability of PVC based on original Contract value is illustrated as under:- Ifestimated value of a tender (NIT value) is Rs 5 Crore and above but the valueof the contract as per Contract Agreement is less than Rs.5 Crore , then PVCshall not apply. Even if the actual final value is Rs 5 Crore or more due tovariation in quantities during execution of the contract.Thus,variation inquantities after signing of the contract agreement is not relevant for decidingwhether PVC is applicable to a contract or not.

No No Not Allowed

40

The joint venture firm shall be required to submit Earnest Money Deposit(EMD) along with the tender in terms of the provisions contained in Para5(Earnest Money) of Part01 of GCC-2018 read with Para No. 17 of GCC-2018.

No No Not Allowed

41

Revised Clause 59(9) of GCC-2018 Restrictions on the Employment OfRetired Engineers Of Railway Services Within One Year Of Their Retirement:The Contractor shall not, if he is a retired Government Engineer of Gazettedrank, himself engage in or employ or associate a retired GovernmentEngineer of Gazetted rank, who has not completed one year from the date ofretirement, in connection with this contract in any manner whatsoever withoutobtaining prior permission of the President and if the Contractor is found tohave contravened this provision it will constitute a breach of contract andadministration will be entitled to terminate the contract and forfeit Earnestmoney deposit (EMD), Performance Guarantee (PG) and SecurityDeposit(SD) of that Contract.

No No Not Allowed

42

Revised Clause 62(1) (xiv)(A)& (B) of GCC-2018 At any time after the tenderrelating to the contract, has been signed and submitted by the Contractor,being a partnership firm admit as one of its partners or employee under it orbeing an incorporated company elect or nominate or allow to act as one of itsdirectors or employee under it in any capacity whatsoever any retiredengineer of the gazetted rank or any other retired gazetted officer workingbefore his retirement, whether in the executive or administrative capacity, orwhether holding any pensionable post or not, in the Railways for the timebeing owned and administered by the President of India before the expiry ofone year from the date of retirement from the said service of such Engineer orOfficer unless such Engineer or Officer has obtained permission from thePresident of India or any officer duly authorized by him in this behalf tobecome a partner or a director or to take employment under the contract asthe case may be, or

No No Not Allowed

42.1

64.(3) (a) (i) : In cases where the total value of all claims in question addedtogether does not exceed Rs. 1,00,00,000/- (Rupees One Crore only), theArbitral Tribunal shall consist of a Sole Arbitrator who shall be a GazettedOfficer of Railway not below JA Grade, nominated by the General Manager.The sole arbitrator shall be appointed within 60 days from the day when awritten and valid demand for arbitration is received by GM.

No No Not Allowed

43

Modification to clause 64 of General Conditions of Contract -2014 forImplementation of Arbitration and Conciliation (Amendment) Act 2015 in termsof Railway Board's letter No-2015/CE-I/CT/ARB/18,New Delhi, dated 11thNovember, 2016 Modified Clause 64 of Indian Railways General Condition ofContract (GCC-2018) will be as under:-

No No Not Allowed

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43.1

64. (1) : Demand For Arbitration: 64. (1) (i) In the event of any dispute ordifference between the parties hereto as to the construction or operation ofthis contract, or the respective rights and liabilities of the parties on any matterin question, dispute or difference on ay account or as to the withholding by theRailway of any certificate to which the contractor may claim to be entitled to,or if the Railway fails to make a decision within 120 days then and in any suchcase, but except in ay of the "excepted matters" referred to in Clause 63 ofthese Conditions, the contractor, after 120 days but within 180 days of hispresenting his final claim on disputed matters shall demand in writing that thedispute or difference be referred to arbitration.

No No Not Allowed

43.2

64. (1) (ii) (a) The demand for arbitration shall specify the matters which arein question, or subject of the dispute or difference as also the amount of claimitem-wise. Only such dispute or difference, in respect of which the demandhas been made, together with counter claims or set off, given by the Railway,shall be referred to arbitration and other matters shall not be included in thereference.

No No Not Allowed

43.3

64.(1)(ii)(b) The parties may waive off the applicability of sub-section 12(5) ofarbitration and Conciliation (Amendment) Act 2015 if they agree for suchwaiver in writing after dispute having arisen between them in the format givenunder Annexure XII of these conditions.

No No Not Allowed

43.464.(1)(iii)(a)- The Arbitration proceedings shall be assumed to havecommenced form the day, a written and valid demand for arbitration isreceived by the Railway.

No No Not Allowed

43.5

64. (1) (iii) (b) The claimant shall submit his claim stating the facts supportingthe claims along with all the relevant documents and the relief or remedysought against each claim within a period of 30 days from the date ofappointment of the Arbitral Tribunal.

No No Not Allowed

43.664. (1) (iii) (c) The Railway shall submit its defence statement and counterclaim(s), If any, within a period of 60 days of receipt of copy of claims formTribunal thereafter, unless otherwise extension has been granted by tribunal.

No No Not Allowed

43.7

64. (1) (iii) (d) Place of Arbitration: The place of arbitration would be within thegeographical limits of the Division of the Railway where the cause of actionarose or the Headquarters of the concerned Railway or any other place withthe written consent of both the parties.

No No Not Allowed

43.8

64. (1) (iv) No new claim shall be added during proceedings by either party.However, a party may amend or supplement the original claim or defencethereof during the course of arbitration proceedings subject to acceptance bytribunal having due regard to the delay in making it.

No No Not Allowed

43.9

64. (1) (v) If the contractor(s) does/do not prefer his/their specific and finalclaims in writing, within a period of 90 days of receiving the intimation from theRailways that the final bill is ready for payment, he/they will be deemed tohave waived his/their claim(s) and the Railway shall be discharged andreleased of all liabilities under the contract in respect of these claims.

No No Not Allowed

43.10

64.(2) Obligation During Pendency Of Arbitration : Work under the contractshall, unless otherwise directed by the Engineer, continue during thearbitration proceedings, and no payment due or payable by the Railway shallbe withheld on account of such proceedings, provided, however, it shall beopen for Arbitral Tribunal to consider and decide whether or not such workshould continue during arbitration proceedings.

No No Not Allowed

43.1164. (3) Appointment of Arbitrator: 64.(3) (a) : Appointment of Arbitrator whereapplicability of section 12 (5) of arbitration and Conciliation Act has beenwaved off :

No No Not Allowed

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43.12

64.(3) (a) (ii): In cases not covered by the Clause 64.(3) (a) (i), the ArbitralTribunal shall consist of a Panel of three Gazetted Railway Officers not belowJA Grade or 2 Railway Gazetted Officers not below JA Grade and a retiredRailway officer, retired not below the rank of SAG Officer, as the arbitrators,For this purpose, the Railway will send a panel of at least four (4) names ofGazetted Railway officers of one or more departments of the Railway whichmay also include the name(a) of retired Railway Officer(s) empanelled to workas Railway Arbitrator to the contractor within 00days from the day when awritten and valid demand for arbitration is received by the GM. Contractor willbe asked to suggest to General Manager at least 2 names out of the panel forappointment as contractor's nominee within 30 days from the date of dispatchof the request by Railway. The General Manager shall appoint at least oneout of them as the contractor's nominee and will, also simultaneously appointthe balance number of arbitrators either from the panel or from outside thepanel, duly indicating the 'presiding arbitrator' from amongst the arbitraltribunal within 30 days from the receipt of the names of contractor'snominees. While nominating the arbitrators, it will be necessary to ensure thatone of them is from the Accounts Department. An officer of Selection Grade ofthe Accounts Department shall be considered of equal status to the officers inSA grade of other departments of the Railway for the purpose of appointmentof arbitrator.

No No Not Allowed

43.13

64.(3) (b) Appointment of Arbitrator where applicability of section 12 (5) of A &C Act has not been waived off: The arbitral Tribunal shall consist of a Panel ofthree (3) retired Railway Officer, retired not below therank of SAG Officer, asthe arbitrators, For this purpose, the Railway will send a panel of at least four(4) names of retired Railway Officer(s) empanelled to work as RailwayArbnitrator duly indicating their retirement date to the contractor within 60days from the day when a written and valid demand for arbitration is receivedby the GM. Contractor will be asked to suggest to General Manager at least 2names out of the panel for appointment as contractor's nominee within 30days from the date of dispatch of the request by Railway. The GeneralManager what appoint at least one out of them as the contractor's nomineeand will, also simultaneously appoint the balance number of arbitrators eitherfrom the panel or from out side the panel, duly indicating the presidingarbitrator from amongst the 3 arbitrators so appointed. GM shall complete thisexercise of appointing the Arbitral Tribunal within 30 days from the receipt ofthe names of contractor's nominees While nominating the arbitrators, it will benecessary to ensure that one of them has served in the AccountsDepartment.

No No Not Allowed

43.14

64.(3) (c) (i) : If one or more of the arbitrators appointed as above refuses toact as arbitrator, withdraws from his office as arbitrator, or vacates his/theiroffice/offices or is/are unable or unwilling to perform his functions as arbitratorfor any reason whatsoever or dies or in the opinion of the General Managerfails to act without undue delay, the General Manager shall appoint newarbitrator/arbitrators to act in his/their place in the same manned in which theearlier arbitrator/arbitrators has been appointed. Such re-constituted Tribunalmay, at its discretion, proceed with the reference from the stage at which itwas left by the previous arbitrator(s)

No No Not Allowed

43.15

64.(3) (c) (ii) (a) The Arbitral Tribunal shall have power to cell for suchevidence by way of affidavits or otherwise as the Arbitral Tribunal shall thinproper, and it shall bve the duty of the parties hereto to do or cause to bedone all such things as may be necessary to enable the Arbitral Tribunal tomake the award without any delay. The proceedings shall normally beconducted on the basis of documents and written statements.

No No Not Allowed

43.16

(b) Before proceeding into the merits of any dispute, the Arbitral Tribunal shallfirst decide and pass its orders over any plea submitted/objections raised byany party, If any regarding appointment of Arbitral Tribunal, validity ofarbitration agreement jurisdiction and scope of the Tribunal to deal with thedispute(s) submitted to arbitration, applicability of time 'limitation' to anydispute, any violation of agreed procedure regarding conduct of the arbitralproceedings or plea for interim measures of protection and record its ordersin day to day proceedings. A copy of the proceedings duly signed by al themembers of tribunal should be provided to both the parties.

No No Not Allowed

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43.17

64.(3) (c) (iii) (i) Qualification of Arbitrator(s) (a) Serving Gazetted RailwayOfficers of not below JA Grade level. (b) Retired Railway Officers not belowSA Grade level, three years after his date of retirement. (c) Age of arbitratoratt the time of appointment shall be below 70 years (ii)An arbitrator may beappointed notwithstanding the total number of arbitration cases in which hehas been appointed in the past. (iii)While appointing arbitrator(s) under Sub-Clause 64.(3) (a) (i) 64.(3) (a) (ii) & 64.(3) (b) above, due care shall be takenthat he/they is are not the one/those who had an opportunity to deal with thematters to which the contract re4lates or who in the course of his/their dutiesas Railway servant(s) expressed views on all or any of the matters underdispute or differences. The proceedings of the Arbitral Tribunbal or the awardmade by such Tribunal will, however, not be invalid merely for the reason thatone or more arbitrator had in the course of his service opportunity to deal withthe matters to which the contract relates or who in the course of his/theirduties expressed views on all or any of the matters funder dispute.

No No Not Allowed

43.1864.(3) (d) (i) The arbitral award shall state item wise, the sum and reasonsupon which it is based. The analysis and reasons shall be detailed enough sothat the award could be inferred there from.

No No Not Allowed

43.19

64.(3) (d) (ii) A party may apply for corrections of any computational errors,any typographical or clerical errors or any other error of similar natureoccurring in the award of a Tribunal and interpretation of a specific point ofaward to Tribunal within 60 days of receipt of the award.

No No Not Allowed

43.2064.(3) (d) (iii) A party may apply to Tribunal within 60 days of receipt of awardto make an additional award as to claims presented in the arbitralproceedings but omitted from the arbitral award.

No No Not Allowed

43.2164.(4) In case of the Tribunal , comprising of three Members, any ruling onaward shall be made by a majority of Members of Tribunal. In the absence ofsuch a majority, the views of the Presiding Arbitrator shall prevail.

No No Not Allowed

43.2264.(5) Where the arbitral award is for the payment of money, no interest shallbe payable on whole or any part of the money for any period till the date onwhich the award is made.

No No Not Allowed

43.23

64. (6) (a) The cost of arbitration shall be borne by the respective parties. Thecost shall interalia include fee of the arbitrator(s) as per the rates fixed byRailway Board from time to time and the fee shall be borne equally by boththe parties, provided parties sign an agreement in the format given atAnnexure II to these condition after/while referring these disputes toArbitration. Further, the Fee payable to the arbitrator(s) would be governed bythe instructions issued on the subject by Railway Board from time to timeirrespective of the fact whether the arbitrator(s) is/are appointed by theRailway Administration or by the court of law unless specifically directed byHon'ble court otherwise on the matter. (b) (i) Sole Arbitrator shall be entitledfor 25% extra fee over the fee prescribed by Railway Board from time to time.(ii) Arbitrator tribunal shall be entitled to 50% extra fee if Award is decidedwithin six months.

No No Not Allowed

43.24

64. (7) Subject to the provisions of the aforesaid arbitration and ConciliationAct 1996 and the rules thereunder and relevant Para of General Conditions ofContract (GCC) and any statutory modifications thereof shall apply to theappointment of arbitrators and arbitration proceedings under this Clause.

No No Not Allowed

44

Compliance with the GST Act,2017-Change in Para(a) of Clause 6, Part I ofIndian Railways Standard General Conditions of Contract,July2014.VideRailway Board letter No-2017/CE-I/CT/4/GST Dated 23.06.2017 the revisedpara(a) of Clause 6 shall be read under

No No Not Allowed

44.1 6.Care In submission of Tenders No No Not Allowed

44.1.1

(a)(I)Before submitting a tender, the tenderer will be deemed to have satisfiedhimself by actual inspection of the site and locality of the works, that allconditions liable to be encountered during the execution of the works aretaken into account and that the rates he enters in the tender forms areadequate and all inclusive to accord with the provisions in Clause-37 of theStandard General Conditions of Contract for the completion of works to theentire satisfaction of the Engineer.

No No Not Allowed

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44.1.2

(ii) Tenderers will examine the various provisions of The Central Goods andServices Tax Act.2017(CGST)/Integrated Goods and Service TaxAct,2017(IGST)/Union Territory Goods and Service TaxAct,2017(UTGST)/respective state's State Goods and Service Tax Act(SGST)also, as notified by Central/State Govt & as amended from time to time andapplicable taxes before bidding.Tenderers will ensure that full benefit of InputTax Credit(ITC)likely to be availed by them is duly considered while quotingrates.

No No Not Allowed

44.1.3

(iii) The successful tenderer who is liable to be registered underCGST/IGST/UTGST/SGST Act shall submit GSTIN along with other detailsrequired under CGST/IGST/UTGST/SGST Act to railway immediately after theaward of contract, without which no payment shall be released to thecontractor. The contractor shall be responsible for deposition of applicableGST to the concerned authority.

No No Not Allowed

44.1.4

(iv) In case the successful tenderer is not liable to be registered underCGST/IGST/UTGST/SGST Act, the railway shall deduct the applicable GSTfrom his/their bills under reverse charge mechanism(RCM) and deposit thesame to the concerned authority.

No No Not Allowed

Undertakings

S.No. Description ConfirmationRequired

RemarksAllowed

DocumentsUploading

1I/We have read the various conditions to tender attached hereto and agree bythe said conditions.

No No Not Allowed

2I/We also agree to keep this tender open for acceptance for a period of 45days from the date fixed for opening of the same and in default thereof, I/Wewill be liable for forfeiture of my/our Earnest Money.

No No Not Allowed

3

I /We offer to do offer to do the work for East Central Railway, at the ratesquoted in the attached schedule and hereby bind myself/ourselves to completethe work in all respect within period of completion prescribed in the NIT fromthe date of issue of letter of acceptance of the tender.

No No Not Allowed

4

I/We also hereby agree to abide by the Indian Railways Standard GeneralConditions of Contract-2018, with all correction slips up to date issued upto thedate of start of bidding and to carry out the work according to the SpecialConditions of Contract and Specifications of materials and works as laid downby Railway in the annexed Special Conditions/Specifications, Schedule ofRates with all correction slips up to date for the present contract.

No No Not Allowed

5

A sum as prescribed in the NIT has been deposited by me/us as EarnestMoney And I/We have under stood and accept the stipulation that full value ofthe earnest money shall stand forfeited without prejudice to any other right orremedies in case my/our Tender is accepted and if I/We do not execute thecontract documents, within seven days after receipt of notice issued by theRailway that such documents are ready and I/We do not commence the work,within fifteen days after receipt of orders to that effect

No No Not Allowed

6

Until a formal agreement is prepared and executed, acceptance of this tendershall constitute a binding contract between us subject to modifications, as maybe mutually agreed to between us and indicated in the letter of acceptance ofmy/our offer for this work.

No No Not Allowed

7I/ We have visited the works site and I / We am / are aware of the siteconditions.

No No Not Allowed

6. Documents attached with tender

S.No. Document Name Document Description

1TenderNotice-TC-153-SPJ-2019.pdf

Tender Notice

2 AnnexureforEtenders_1.pdf Annexures

This tender complies with Public Procurement Policy (Make in India) Order 2017, dated 15/06/2017, issued byDepartment of Industrial Promotion and Policy, Ministry of Commerce, circulated vide Railway Board letter no.2015/RS(G)/779/5 dated 03/08/2017 and 27/12/2017.

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00

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Signed By: SUMAN BHARTI

Designation : Sr.DEN1

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SAMASTIPUR DIVISION-ENGINEERING/EAST CENTRAL RLYTENDER DOCUMENT

Tender No: TC-153-SPJ-2019 Closing Date/Time: 31/07/2019 12:00