annexure-i check list of documents to be submitted...

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Page No.1 of 58 Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016 Annexure-I CHECK LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH TENDERS. (Tenders are requested to give certificates and or put () mark where ever applicable) 1 Tenderer details: 1.1 Name of the tenderer 1.2 Identification of tenderer i. In case of Partnership Firm: A copy of partnership deed with latest modifications of the deed, if any, attested by any Gazetted Officer. ii. In case of Consortium, JV or MOU: A copy of either JV agreement attested by any Gazetted Officer or MOU in original. iii. In case of company: A copy of articles of association attested by any Gazetted Officer. iv. In case of Proprietary Firm: A copy of Registration/Income tax/PAN No. for filing returns attested by any Gazetted Officer. 2 Particulars to DD/MR Submitted towards cost of tender form 3 Particulars of DD/MR submitted towards EMD 4 Engineering Organization in Annexure ‘A’ 5 List of plants and machinery in Annexure ‘B’ 6 List of works completed during the last 3 Financial Years Annexure ‘C’ 7 List of works on hand in Annexure ‘D’ 8 Attested copy of Experience Certificate in Annexure ‘E’ 9 Attested copy of certificate showing contractual amount received during the last three financial years and current financial year Annexure ‘F’ 10 NEFT MANDATE FORM 11 Registration number of APGST/APVAT 12 Any other information / Certificates required as per Tender document 13 Total number of annexure submitted (Number of pages) Address: Phone/Cell No. Signature of the Tenderer

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Page No.1 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

Annexure-I

CHECK LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH TENDERS. (Tenders are requested to give certificates and or put () mark where ever applicable)

1 Tenderer details: 1.1 Name of the tenderer 1.2 Identification of tenderer

i. In case of Partnership Firm: A copy of partnership deed with latest modifications of the deed, if any, attested by any Gazetted Officer.

ii. In case of Consortium, JV or MOU: A copy of either JV agreement attested by any Gazetted Officer or MOU in original.

iii. In case of company: A copy of articles of association attested by any Gazetted Officer.

iv. In case of Proprietary Firm: A copy of Registration/Income tax/PAN No. for filing returns attested by any Gazetted Officer.

2 Particulars to DD/MR Submitted towards cost of tender form

3 Particulars of DD/MR submitted towards EMD 4 Engineering Organization in Annexure ‘A’ 5 List of plants and machinery in Annexure ‘B’ 6 List of works completed during the last 3 Financial

Years Annexure ‘C’

7 List of works on hand in Annexure ‘D’ 8 Attested copy of Experience Certificate in

Annexure ‘E’

9 Attested copy of certificate showing contractual amount received during the last three financial years and current financial year Annexure ‘F’

10 NEFT MANDATE FORM 11 Registration number of APGST/APVAT 12 Any other information / Certificates required as

per Tender document

13 Total number of annexure submitted (Number of pages)

Address: Phone/Cell No. Signature of the Tenderer

Page No.2 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

TENDER NO.67/DRM/Works/HYB/OT dt 25.02.2016 Name of the work:

SC-MUE Section: 1) Through Turnout Renewal of 1 in 8 ½ points and crossings in C&W Workshop Lallaguda. 2) Through Turnout Renewal of 1 in 8 ½ points and crossings in Diesel Loco-shed Moula-ali. 3) Through Turnout Renewal of 1 in 8 ½ points and crossings in EMU car shed Moula-ali.4) Through Fitting Renewal (Rubber Pads only) for length of 37.4 Kms between Secunderabad and Medchal stations.

Similar nature of work: NIL

Cost of Tender form: Rs.2,000 /- in person AND Rs.2,500 /- by post

For Attention of Tenderer

S. No Details Reference

1 Form of EMD (Cash or Banker’s cheques/Demand Drafts)

Item No.6 b CONDITIONS OF TENDER Page No.22 - 23

ISSUED TO M.R. / DD No.

Date: M/s. / Shri……………….. …………………………… …………………………… Not Transferable.

DRM/Works/Hyderabad

=========================================================================== SOUTH CENTRAL RAILWAY

WORKS CONTRACT REGULATIONS OF TENDERS AND CONTRACTS

CONDITIONS OF TENDER TENDER AGREEMENT FORM

Open Tender Notice No.67/DRM/Works/HYB/OT dt 25.02.2016

Approximate Tender Value

Rs. 1854716/- Last date for issue of tender forms by post

17.00Hours of 22.03.2016

EMD Rs. 37100/- Last date for issue of tender forms in person

17.00Hours of 29.03.2016

Date and time for submission of tenders

Upto11.00 Hours of 30.03.2016

Date and time for opening of tenders

11.30 Hours of 30.03.2016

Page No.3 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

SOUTH CENTRAL RAILWAY STANDARD REGULATIONS FOR TENDERS AND CONTRACTS

Sl No.

Contents Page No. From To

1 NOTE TO TENDERERS 4 4 2 INSTRUCTIONS FOR SUBMISSION OF TENDER DOCUMENTS BY

DOWNLOADING FROM WEBSITE5 5

3 ELIGIBILITY CRITERIA 6 8 4 ENGINEERING ORGANIZATION(PROFORMA) Annexure-“A” 9 9 5 PLANT AND MACHINERY (PROFORMA) Annexure-“B” 10 10 6 LIST OF COMPLETED WORKS BY THE TENDERER Annexure-“C” 11 11 7 LIST OF WORKS ON HAND WITH THE TENDERER Annexure-“D” 12 12 8 EXPERIENCE CERTIFICATE Annexure-“E” 13 13 9 CERTIFICATE FROM CHARTERED ACCOUNTANT IN THEIR LETTER HEAD

Annexure “F” 14 14

10 TENDER ANNEXURE – I 15 1611 AGREEMENT OF WORKS Annexure II 17 17 12 ITEMS COVERED BY THE STANDARD SCHEDULE OF RATES OF 2010.

ANNXURE – III 18 18

13 1. MEANING OF TERMS. Definitions, 2. Singular and Plural, 3. Interpretations, 4.contractor’s Credentials, 5. Omissions and discrepancies, 6.Earnest Money, 7. Care in submission of Tenders, 8. Right of Railway to deal with Tenders, 9. Execution of Contract documents, 10. Form of Contract documents, 11. Form of quotation, Instructions to tenderers

19 21

14 Conditions of Tender 22 25 15 LIABILITY OF CONTRACTOR(S) 25 25 16 Special conditions of Contract 26 34 17 performance guarantee,

Clause 16(4) Performance Guarantee. 27 28

18 Security Deposit:- 28 28 19 The Building and Other Construction Workers (RECS) Act, 1996 29 29 20 Price Variation clause (PVC) 30 33 21 WORKS CONTRACT CLAUSE-13 ANNEXURE- “B” 34 38 22 Variation of costs, period of completion, special conditions of contract variations in

quantities, Provision of Efficient And Competent Staff at Work sites by the Contractor, railway contractors / extension of provident fund act to the employees working under railway contractors:-

35 37

23 Special conditions for supply of materials Measurement and Payment, Suspension of supply:, Penalty Clause, Permit or Parwana , MINES CLAUSE, DISASTER MANAGEMENT, A.P.VAT Act & Rules 2005

38 39

24 SPECIAL CONDITIONSMODIFICATION TO CLAUSE 63 & 64 OF (GENERAL CONDITIONS OF CONTRACT)

40 40

25 Special conditions: , COMPETENCY CERTIFICATE ANNEXURE – I,CHECK LIST (BEFORE STARTING THE WORK) ANNEXURE – II, CHECK,LIST(WHILE WORK IS IN PROGRESS) ANNEXURE – III, A. Marking of line with lime, B) Provision of Barricading: ANNEXURE IV

41 47

26 PERFORMANCE GUARANTEE Annexure-I 48 49 27 Tender Schedule 47

Page No.4 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

NOTE TO TENDERERS

1) Tender forms in the prescribed form may be obtained from the office of the Divisional Railway Manager, Works, S.C. Railway, HYDERABAD Division, on production of cash receipt for each tender form at the rates mentioned on the cover page and in the Tender Notice. If any plan/drawing is attached with the tender form, Rs.200/- for plan/drawing will be levied extra. The amount towards the cost of tender form may be remitted to the Divisional Cashier (Pay) S.C. Railway, Vijayawada, Guntur, Secunderabad, Hyderabad, Guntakal and Nanded, Chief Cashier (Pay), S.C.Railway, Secunderabad/Hyderabad or any Station Master/Station Superintendent on S.C. Railway and the receipt obtained thereof should be submitted to this office with a requisition for issue of tender form. Money Orders, Postal Orders, etc, will not be considered for issue of tender forms. The tender forms are not transferable and the cost of the tender form is not refundable. This office will not entertain direct payment. Tender Number, Description of the work, etc. should be written on the sealed cover addressed to the Divisional Railway Manager (Works), S.C. Railway, HYDERABAD, Division while submitting the Tender document.

2) The Tender forms are available for sale in the office of Divisional Railway Manager (Works),

S.C.Railway, HYDERABAD Division and also in S.C.Railway Web site scr.indianrailways.gov.in

3) Tender conditions / other particulars are available in the Tender documents on our website at “scr.indianrailways.gov.in” which can be downloaded.

4) The Railway reserves the right to cancel the tender without assigning any reason thereto. 5) Venue: Tender documents, duly completed in all respects shall be dropped in the Tender Box kept for

the purpose at Divisional Railway Manager’s Office (Works), South Central Railway, HYDERABAD Division (or) may be sent by post to Divisional Railway Manager (Works), South Central Railway, HYDERABAD Division (A.P.). Railway is not responsible for any delay in transit (or) loss of Tender form sent/received by Post.

6) If the date of opening happens to be a holiday, the tenders will be received/opened on the next

working day.

7) Opening of Tenders: i) The tenders will be opened on the date and time mentioned in the tender document and in the

presence of tenderers/their representatives. Any tender received after the stipulated time will be summarily rejected.

ii) Tenderers representatives are advised to bring authorization letter from the tenderer/firms for attending tender opening and when witnessing tender opening should write their full name, contact number, agency/contractor they are representing and their full address in the tender opening register.

Visit our site at “scr.indianrailways.gov.in.”

Page No.5 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

Instructions for submission of Tender documents by downloading from Website 1) Tender schedules are also available on web site as an attachment to the Tender Notice and the same

can be down loaded and used as tender document for submitting the offer. However, the cost of tender document as indicated on the cover page and in the Tender Notice has to be deposited by the Tenderer in the form of a bank draft payable in favour of Senior Divisional Finance Manager, S.C. Railway, HYDERABAD, Division or original money receipt obtained from Divisional Cashier (Pay) S.C.Railway, Guntakal, Vijayawada, Guntur, Secunderabad, Hyderabad,, Chief Cashier (Pay), S.C. Railway, Secunderabad HYDERABAD, or any Station Master/Station Superintendent on S.C. Railway along with the Tender document. This should be paid separately and not clubbed with the Earnest Money deposit. If tenderers down load tender documents from Website and do not enclose proper value towards the cost of tender form, their tender shall be considered as invalid.

2) Tenderers are free to down load the tender document from the website at their own risk and cost for the

purpose of perusal and to use the same as tender document, if so desired for submitting their offer. If the offer of any tenderer who has submitted the Tender document down loaded from the website is accepted, the contract agreement will be prepared based on the master copy of the document and will be binding on the contractor. The Railway does not own any responsibility for any alteration/omission in the contents of the Tender form uploaded on the web site. No claim on this account will be entertained.

3) The administration will not own any responsibility, if website is not opened for downloading

/uploading the tender documents due to any technical snag. 4) The prospective tenderers are advised to visit website scr.indianrailways.gov.in. before one week to

the date of tender opening to note any changes/corrigenda for any tender. 5) Warning: It is hereby brought to the notice of all prospective tenderers that if any change /additions/deletions/ alterations are found to be made by them and the same is subsequently detected / noticed at any stage even after award of the contract, all necessary action including banning of business would be taken. In addition, the tenderers are liable to be prosecuted under law.

Page No.6 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

1.0 ELIGIBILITY CRITERIA (For works whose advertised Tender value is costing above Rs 50 Lakhs). For Tenders of value more than Rs. 10 Crore, JV Firm is eligible for the Tender subject to fulfillment of Technical and Financial eligibility as per Clause 65 of GCC.  

1.1 Similar nature of work physically completed during the last three Financial Years* and in the current Financial Year**

Eligibility in terms of Experience: The Tenderer(s) should have physically completed at least one similar nature of single work for a minimum value of 35% of advertised Tender value within the qualifying period i.e., last three Financial Years* and in the current Financial Year ** upto the date of Tender opening (even though the work might have commenced before the qualifying period).

1.2 Total contract amount received during the last three Financial Years* and in the current Financial Year**

Eligibility in terms of Turnover: The total contract amount received during the last three Financial Years and in the current Financial Year up to the date of Tender opening should be a minimum of 150% of Advertised Tender value. a) Tenderer(s) should submit to this effect certificate in original or

an attested certificate from the Govt./Semi Govt./Public sector undertakings for the work done for them or

b) Audited balance sheet along with P&L A/C duly certified by

the Chartered Accountant as detailed in Tender document. NOTE:

*Financial Year shall normally, be reckoned as 1st April to 31 st March of the Next Year. However, for Turnover Criteria, the Financial Year as applicable to the Company /Tenderer is to be considered, if it defers from the above. **Current Financial year is reckoned as the incomplete Financial year in which the date of tender submission falls.

2.0 Clarification on “Similar nature of work” and details to be furnished along with the

Tender Documents:

Similar nature of work:- NIL. 2.1 Similar Nature of works physically completed within the qualifying period i.e. the last 3

Financial years and the current financial year should only be considered in evaluating the Minimum Eligibility criteria (even though the work might have commenced before the qualifying period).

2.1.1 The works executed by them for any Govt. / Govt. bodies / PSUs shall only be considered for

eligibility for credential verification of similar nature of work. As such works executed for any Private Company/Individual shall not be treated as eligible works executed and certificates issued on behalf of Private Company/Individual will not be considered.

2.1.2 Tenderer should submit attested copy of work experience certificate in Annexure-‘E’ to

establish the eligibility criteria. All details as required in the Annexure-'E’, shall be made available otherwise the information is treated as incomplete.

2.1.3 The work experience certificate shall be in the name and style of the tenderer participating or

as per provisions under Clause 65.16 of GCC for JV Firm, if eligible to participate. However, in case the tenderer is submitting the certificate issued to a JV firm of which the tenderer is a member, the credentials proportionate to his share in the JV will be considered.

Page No.7 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

The tenderer shall submit a copy of relevant JV Agreement attested by any Gazetted Officer along with the Tender.

2.1.4 The work experience certificate shall be issued by an officer not below the rank of JA Grade

or Bill passing Officer in Railways and Bill passing Officer/Executive In-charge of work in other Govt. / Govt. bodies / PSUs. The certificate should bear the signature and seal of the issuing officer, name of the department etc.

2.1.5 In case the Certificates/Documents produced are proved to be false and/or fabricated, the entire Earnest Money (EMD) will be forfeited.

2.1.6 Work experience certificate (Annexure E) shall be attested by any Gazetted officer, in

case photo copies are submitted.

2.2 Value of similar work to be considered :-

2.2.1 The total value of similar nature of works completed during the qualifying period, and not the payments received within qualifying period alone, shall be considered.

2.2.2 In case, the final bill of similar nature of work has not been passed and final

measurements have not been recorded, the paid amount including Statutory Deduction will be considered.

2.2.3 If final measurements have been recorded and work has been completed with negative

variation, then also the paid amount including Statutory Deduction will be considered. 2.2.4 However, if final measurements have been recorded and work has been completed with

positive variation but variation has not been sanctioned, original agreement value or last sanctioned agreement value whichever is lower shall be considered for judging eligibility.

2.2.5 In case of composite works involving combination of different works, even separately

completed works of required value should be considered while evaluating the eligibility criteria.

2.2.6 The value of work completed will not include the cost of any materials issued free of cost

by the Railway/ Department concerned. Only cash value of the Agreement and executed cash value will reckon for eligibility.

3.0 Clarification on “Eligibility on Annual Contractual Turnover and Details to be

furnished along with the Tender Documents’’

3.1 The total contract amount received in the last three financial years and the current financial year up to the date of tender submission shall be at least 150% of the Tender value.

3.2 For the completed Financial years, the Tenderer can submit either Audited Balance Sheets

showing clearly the contractual/ work receipts in the Profit & Loss account of the Balance Sheet, duly supported by a Turnover Certificate from the Chartered Accountant as per Annexure–F’ Or Certificate(s) in original issued by Executive or Nominated Authority of the Department certifying the bill amounts paid Agreement-wise and Date-wise or photo copy of such certificate attested by a Gazetted Officer. Such certificates will be accepted only from Govt. / Govt. bodies / PSUs by authorities mentioned at Para 2 above.

Page No.8 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

3.3 For the incomplete Financial Year i.e. the Current year and for any Un-Audited Completed

Financial Year, only certificate on contractual/ work receipts in original issued by Executives of the Govt./ Govt. bodies / PSUs from whom the payments were received or photo copy of such certificate attested by a Gazetted Officer, giving details of receipts Agreement-wise and Date-wise will be accepted as proof of contractual Turnover for the current year and that completed but un-audited Financial Year. Certificates issued by Private Companies /Individuals will not be entertained.

4.0 Additional Documents to be submitted along with the tender:-

4.1 List of personnel organization available on hand and proposed to be engaged for the subject work. These two lists should be given separately and signed by Tenderer and are to be submitted in the Proforma given in the Annexure-‘A’

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

hired to be given separately) for the subject work and this list shall be signed by the Tenderer and is to be submitted in the Proforma given in the Annexure ‘B’

4.3 List of completed works in the last three Financial Years giving description of work,

organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work, date of actual start, actual completion and final value of contract should also be given in the Annexure ‘C’

4.4 List of Works on Hand indicating name of work, contract value, bill amount paid so far; due

date of completion etc. to be furnished by Contractor in Annexure –‘D’ and this Certificate is to be signed by Contractor.

5.0 A checklist of documents to be submitted at the time of tender submission is given as top

sheet in Annexure-I for easy guidance and compliance from prospective Tenderers. 6.0 Delayed/ Post Tender Submission of Documents/ information of Mandatory Nature

linked to Eligibility Criteria called for at Tender stage :- 6.1 The offer of Tenderer(s) who do not enclose Experience Certificate and Turnover Certificate

with requisite details and supporting documents as detailed under Para 2 & 3 above along with their Tender to establish their credentials shall be summarily rejected, even though they are working contractors or contractors on approved list.

6.2 (i) The offer shall be evaluated only from the certificates/documents (as referred above) submitted along with the tender offer.

ii) Any Certificate/Documents offered after the tender opening shall not be given any credit and shall not be considered.

iii) Tenderer(s) shall note that conditional/alternate offer will not be considered and will summarily be rejected, even though such condition makes them as the lowest tenderer.

iv) Railway reserves the right to verify the authenticity of the documents/information furnished.

SIGNATURE OF THE TENDERER(S)

Page No.9 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE-A” PROFORMA

ENGINEERING ORGANISATION AVAILABLE ON HAND.

Sl. No.

Name & Designation of Employee

Qualification Previous Experience

Working From To

01 02 03 04 05 A B C Z

ENGINEERING ORGANISATION PROPOSED TO BE ENGAGED FOR THIS WORK

FROM ABOVE.

Sl. No.

Name & Designation of Employee

Qualification Previous Experience

Remarks

01 02 03 04 05 A B C Z

ENGINEERING ORGANISATION PROPOSED TO BE ENGAGED FOR THIS WORK FROM OUTSIDE.

(A SUITABLY WORDED CONSENT LETTER FROM SUCH A PERSON SHOULD BE OBTAINED AND ENCLOSED).

Sl. No.

Name & Designation of Employee

Qualification Previous Experience

Remarks

01 02 03 04 05 A B C Z

SIGNATURE OF THE TENDERER (S): NAME OF THE TENDERER:

Page No.10 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE-“B” 1. PLANT & MACHINERYAVAILABLE ON HAND.

Sl. No.

Particulars of machinery, Plant & equipment

No. of Units

Kind and make

Capacity Age and Condition

Approx. cost in Rs. in lakhs

Purchase Bill No. & Date and Registration particulars

01 02 03 04 05 06 07 08 A B C Z

2. PLANT & MACHINERY PROPOSED TO BE INDUCTED FROM ABOVE.

Sl. No.

Particulars of machinery, Plant & equipment

No. of Units

Kind and make

Capacity Age and Condition

Approx. cost in Rs. in lakhs

Purchase Bill No. & Date and Registration particulars

01 02 03 04 05 06 07 08 A B C Z

3. PLANT & MACHINERY PROPOSED TO BE INDUCTED FROM OUTSIDE.

Sl. No.

Particulars of machinery, Plant & equipment

No. of Units

Kind and make

Capacity Age and Condition

Approx. cost in Rs. in lakhs

If to be purchased give likely date of receipt and supplier’s Name.

01 02 03 04 05 06 07 08 A B C Z

SIGNATURE OF THE TENDERER (S):

NAME OF THE TENDERER:

Page No.11 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE-“C” LIST OF COMPLETED WORKS BY THE TENDERER

Sl. No.

Name of work

Agreement No. and date

Designation and address of agreement signing authority

Agreement value in lakhs

Completed value of work (in lakhs)

Date of completion

Remarks

Railway works A B C D E Z State Govt. Works

A B C D E Z Public Sector Undertaking Works

A B C D E Z

SIGNATURE OF THE TENDERER (S): NAME OF THE TENDERER

Page No.12 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE-“D” LIST OF WORKS ON HAND WITH THE TENDERER

Sl. Name of

work Agreement No. and date

Designation and address of agreement signing authority

Agreement value in lakhs

Bill amount paid so far in lakhs

Due date of completion

Number of extensions taken

Railway works A B C D E Z State Govt. Works

A B C D E Z Public Sector Undertaking Works

A B C D E Z

SIGNATURE OF THE TENDERER (S): NAME OF THE TENDERER

Page No.13 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE-“E”

EXPERIENCE CERTIFICATE

Sl. No.

Work Details Details

1 Name of Work

2 Agreement Number, date and Name of the Agency.

3 Agreement Value in Rupees ( in words and figures)

4 Due date of completion

5 Number of Extensions granted

6 Actual date of completion of work

7 Value of Final Bill if passed (in words)

8 Work completed but Final measurements not recorded a) Amount paid so far as in CC Bill No.

9 Work completed, Final measurements recorded with negative variation. a) Amount so far paid as in CC Bill No.

10 Work completed, if Final measurements recorded with positive variation which is not sanctioned yet a) Original agreement value or last sanctioned agreement value whichever is lower

Note: 1) This certificate in this proforma is to be issued only for physically Completed

work. 2) This certificate to be issued by an officer not below the rank of JA Grade or

bill passing officer in Railways and Bill passing Officer/Executive In-charge of work in other government department/Govt. bodies /Public sector under taking. The certificate should bear the signature and seal of the issuing officer, name of the department etc.

Signature : Name of Officer : Designation : Address : Office Seal : Phone/Fax No. :

Date :

Page No.14 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE –‘F’

CERTIFICATE FROM CHARTERED ACCOUNTANT IN THEIR LETTER HEAD

TO WHOM SO EVER CONCERNED We____________, are the Auditors for the Firm __________________________, since last _______ (many) years. On the strength of the above association, we are issuing this Certificate to the Firm on the Annual Contractual Turnover during the last three Audited Financial Years as per Audited Balance Sheets.

It is further certified that advances or loans taken by the firm in connection with execution of works is not reflected in the contractual receipts from Works Contracts indicated below.

Sl Financial year

Receipts reflected in Audited Balance Sheets in P&L

account (Rs.)

Contractual Receipts from Works Contracts (Rs.)

Remarks (if any)

(1) (2) (3) (4) (5)

Signature : Name of CA : Address : Office Seal : Phone No. : e-mail :

Date :

Page No.15 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE - I TENDER

To The President of India Acting through the Principal Chief Engineer, Divisional Railway Manager, Senior Divisional Engineer/Executive Engineer South Central Railway I/We-------------------------------------------------------------------- have read the various conditions to tender attached hereto and agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my / our Earnest Money”. I/ We offer to do the work for South Central Railway, at the rates quoted in the attached schedule and hereby bind myself /ourselves to complete the work in all respects within months from the date of issue of letter of acceptance of the tender. 2. I / We also hereby agree to abide by the General Conditions of Contract corrected with the latest printed/advance correction slip and to carry out the work according to the special conditions of contract and specifications of materials and works as laid down by Railway in the annexed Special Conditions / Specifications and the South Central Railway Works Hand Book Part III corrected up to printed / advance correction slip sanitary works Hand Book corrected with the latest printed/advance correction slip schedule of Rates Part II corrected up to Printed/advance correction slip for the present contract. 3. A sum of Rs. as is herewith forwarded as earnest money deposit. The full value of

earnest money shall stand forfeited without prejudice to any other rights or remedies in case my/our Tender is accepted and if :-

a) I/ we do not execute the contract documents within 7(Seven) days after receipt of notice

issued by the Railway that such documents are ready and b) I /We do not commence the work within fifteen days after receipt of orders to that effect.

4 Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

SIGNATURE OF TENDERER

SIGNATURE OF WITNESSES 1. 2. Date: Address of the Tenderer (s)

Page No.16 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ACCEPTANCE OF TENDER

I accept the tender and agree to pay the rates as per Standard Schedule of Rates_____ as corrected by and up to correction slip No_______ of _ enhanced / diminished by ________ percent / at par in respect of schedules and at the rates as entered in the schedule__________.

DIVISIONAL RAILWAY MANAGER

DIVISIONAL ENGINEER / SENIOR DIVISIONAL ENGINEER

SOUTH CENTRAL RAILWAY

For and on behalf of the President of India.

Witness: 1.

Division_________________

Date:____________________ 2.

Page No.17 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

SOUTH CENTRAL RAILWAY Annexure II

AGREEMENT OF WORKS

1. Contract agreement No_____ dt._______ articles of agreement made this ________day of _______ between The President of India acting through the ____________ South Central Railway Administration [herein after called the Railway which expression shall unless the context does not so admit include his successors and assignees in office of the one part and ________ [herein after called the contractor which expression shall unless excluded by the context includes his heirs, executors, administrators, successors and assignees] of the other part.

2. Where as the contractor has agreed with the Railways for the work ______________ set forth

in the schedule hereto annexed up on the General Conditions of contract and the specifications of the South Central Railway and the Special Conditions and Special Specifications, if any, and in conformity with the drawings here to annexed, if any, and whereas the performance of the said work is an act in which the public are interested.

3. Whereas the balance in the security deposit after adjustment of earnest money of Rs._______

originally paid by the contractor is at the instance of the contractor recovered at 10 percent of the value of the running bills till the amount of security deposit of Rs.________ is fully recovered.

4. Whereas contractor has furnished as irrevocable Bank Guarantee for Rs.________ (5% of contract Value) issued by ________________ to wards Performance Guarantee valid upto expire of the maintenance period

5. Now this indenture witness that in consideration of the payments to be made by the Railway the contractor will duly perform the said works in the said schedules set forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same in accordance with the said specifications and said drawings and said conditions of contract on or before the _____________ date of ________ year and will be maintain the said works for a period of _________calendar months from the certified date of the completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same has been fully set forth herein), and the Railway both hereby agree that if the contractor shall duly perform the said work in the manner aforesaid and observe and keep said terms and conditions. The Railway will pay or cause to be paid to the contractor for the said works on the final completion thereof, the amount due in respect thereof, at the rates setforth in the standard schedule of rates, 2010 as corrected by and up to correction slip No ___ for Hyderabad division, enhanced/diminished / “At par” ________ percent of Schedules ( items covered by SSR) and the rates shown in the schedule _______ for items not covered by SSR.2010

6. It is hereby agreed and declared that all the provisions of the said specifications, conditions of

contract which have been carefully read and understood by the contractor and schedule of rates, including the general instructions contained in page _______ thereof shall be as binding up on the contractor and up on the Railway Administration as if the same has been repeated herein and shall be read as part of these presents.

Signature of the contractor Name of the Contractor Address Signature of witness with address to Date:

Signature Designation For and on behalf of the President of India.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

South Central Railway. ANNEXURE – III

SCHEUDULE – A

SCHEDULE OF ITEMS

ITEMS COVERED BY THE STANDARD SCHEDULE OF RATES OF 2010.

Name and place of works _________________________________________________________ Approximate value of contract Rs_________ Schedule of drawings_______________________ Name of tenderer/Contractor_____________

Sl No

Reference to items no in the SSR Approximate quantities

Remarks

WORKS

No of items

1. The quantities shown above are approximate. 2. The tenderer should quote his percentage either at par, above or below the rate quoted in the

Standard Schedule of Rates, 2010. 3. If any other items of works included in the Standard Schedule of Rates as corrected by and the

correction slip No________ are required to be carried out in connection with this, they shall also be carried out as the case may be by the same percentage as tendered for this work.

Signature of Tenderer/Contractor

Page No.19 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

REGULATIONS FOR TENDERS AND CONTRACTS FOR GUIDANCE OF CONTRACTORS FOR CIVIL ENGINEERING WORKS)

MEANING OF TERMS.

Definitions: 1. In these regulations for tenders and contracts the following terms shall have the meaning

assigned hereunder except where the context otherwise requires.

(a) Railway shall mean the President of the Republic of India or the Administrative officer of South Central Railway or the successor Railway authorized to invite tenders and enter into contracts for works on his behalf.

(b) General Manger shall mean the officer in Administrative charge of the whole of South Central Railway and shall mean and include the General Manger of the successor Railway.

(c) “Principal Chief Engineer” shall mean the officer in charge of the Engineering department, South Central Railway.

(d) “Divisional Railway Manager” shall mean the administrative officer in charge of the division of South Central Railway for the time being.

(e) “Divisional/Sr. Divisional Engineer” shall mean the officer in charge of the division or district of South Central Railway.

(f) Tenderer shall mean the person/ the firm or the company who tenders for the works with a view to secure the work on contract with the Railway and shall include their personal representatives, successors and permitted assignees.

(g) Limited tenders shall mean tender invited from all or some contractors from the approved list of contractors with the Railway.

(h) Open tenders shall mean tenders invited in open and public manner and with adequate notice.

(i) The work shall mean the works contemplated in the drawings and schedules set forth

in the tender forms and description of contract and required to be executed according to specifications.

(j) Specification shall mean the specifications, materials and works, South Central Railway issued under the authority of the Principal Chief Engineer or as amplified, added to or superceded by special specifications, if any, appended to the tender forms.

(k) Schedule of rates, South Central Railway shall mean the schedule of rates issued under the authority of the Principal Chief Engineer from time to time.

(l) Drawings shall mean the drawings, plans and tracing or prints thereof annexed to the tender forms.

Singular and plural:

2. Words imparting the singular number shall also include the plural and vice versa where the context requires.

Interpretations: 3. These regulations for tenders and contracts shall be read in conjunction with the General Conditions of the Contract which are referred to herein and shall be subject to modifications, additions, super cessions by special conditions of contract and/ or special specifications, if any, annexed to the tender forms.

Contractors 4. A contractor who has not carried out any work so far on this Railway may furnish credentials particulars regarding.

a. His position as an independent contractor b. His capacity to undertake and carry out works satisfactorily, as vouched for by a

responsible official or firm. c. His previous experience on works similar to that to be contracted for, in proof of

which original certificates or testimonials may be called for and their genuineness

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

verified, if need be, by reference to the signatories thereof. d. His knowledge, from, actual personal investigation, of the resources of the zone or

zones in which he offers to work e. His ability to supervise the work personally or by competent and duly authorized

agents f. His financial position

Omissions Discrepancies:

5. Should a tenderer find discrepancies in, or omissions from the drawing or any of the Discrepancies tender forms or should he be in doubt to their meanings he should at once notify the authority inviting who may send a written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

Earnest Money

6(a) All the tenderer shall be required to deposit a sum as advertised with the tender as a Earnest money deposit for the due performance of the stipulation to keep the offer open till such date as might be specified in the tender. It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of the stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Principal Chief Engineer, Divisional Railway Manager, Divisional Engineer, Sr. Divisional Engineer of South Central Railway. Should a tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

(b) The tenderer shall also be required to deposit a sum specified towards earnest

money with tender. The sum mentioned in (a) above constitutes the earnest money. If his tender is accepted this earnest money will be retained as part of security for due and faithful fulfillment of the contract in terms of clause 16 of the General Conditions of the Contract. The earnest money deposit of the other tenderers shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession nor be liable to pay interest thereon.

( c

) The tender shall hold the offer open till such date as may be specified in the Tender. It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation of his part that after submitting his tender, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Principal Chief Engineer, Divisional Railway Manager, Divl. Engineer/Sr.Divisional Engineer of the South Central Railway Should the tenderer fail to observe or comply with the foregoing stipulation the entire EMD shall be forfeited to the Railway.

Care in sub- mission of

7(a)

Before submitting a tender, the tender will be deemed to have satisfied himself by actual inspection of the site and locality of the works, Tender that all conditions liable to be encountered during the execution of the works, are taken into account and that the percentage/rates he enters in the tender forms is/are adequate and all inclusive to accord with the provisions in Clause 37 of the General conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

(b) When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

The Railways will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

Right of Railway deal with Tenders

8 The Railway reserves the right of not to invite tenders for any work or works to invite open or limited tenders, and when tenders are called, to accept a tender in whole or in part or reject any tenders or all tenders without assigning reasons for any such action.

Execution of Contract

Documents

9 The tenderer whose tender is accepted shall be required to appear at this office of the General Manager, Principal Chief Engineer, Regional Engineer or Divisional Engineer or Division District Engineer, as the case may be in person, or if a firm or corporation a duly authorize ed representative shall so appear and to execute the contract documents within seven days after notice issued by Railway that such documents are ready. Failure to do so shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full value of earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies

In the event of any tenderer whose tender is accepted shall refuse to execute the contract documents as herein-before provided the Railway may determine that such tenderer has abandoned the contract and there upon his tender and the acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the earnest money and to recover the performance guarantee as per clause No.9 of special condition of contract.

Form of Contract

Document

10 Every contract shall be completed in respect of the documents it shall so constitute. Not less than 5 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor.

(a) For contracts for special works (valued at more than Rs.10,000/-) the contract documents required to be executed by the tenderer whose tender is accepted shall be agreement at Annexure II.

Form of Quotation

11(a)

The Tender shall be submitted in the prescribed form annexed hereto quoting a percentage above or below or at par the rates shown in printed schedule of Rates, South Central Railway / HYB as corrected with the latest printed/advance correction slip. The Quotations will be subject to the general instructions contained in the Unified Standard Schedule of Rates, 2010 to which the tenderer’s special attention is drawn. The percentage quoted must be clearly written in figures and in words.

(b) Tenderers are not permitted to quote different percentages for different chapters or different items, and in the percentage quoted fraction is permitted. The percentage quoted MUST BE FIRM PRECISE AND UNCONDITIONAL.

Instructions to Tenderers

© The Tenderers should quote rates in figures and in words, on the total value of the schedules. Whenever there is a difference between the rates quoted in figures and in words, the rates quoted in words will be taken as correct.

(d) If any item is excluded by the Tenderer in submitting his tender the Principal Chief Engineer/Divisional Railway Manager/Divisional Engineer/Senior Divisional Engineer may reject the tender.

Place: _____________________________ Date : Signature of Tenderer/Tenderers

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

CONDITIONS OF TENDER 1. The drawings for the Works can be seen in the office of the Divisional Railway Manager

(Works), Hyderabad Division, South Central Railway, Secunderabad at any time during office Hours.

2. General Conditions of Contract and Specifications for Materials and works of South Central Railway can be seen at the Office of Divisional Railway Manager (works), Hyderabad Division South Central Railway, Secunderabad or had on payment at the rates fixed for each book from time to time.

3. The Tenderer/Tenderers shall quote a percentage rate for items covered by Schedule A (items covered by S.S.R) and rate for each item given in Schedules (items not covered by S.S.R). The quantities shown in the attached Schedules are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway accepts no responsibility for their accuracy, the Railway does not guarantee work under each item of the Schedule.

4. i. The tenderer shall quote rates as percentage “Above/Below/At Par” for each schedule in respective tender schedule(s) only. Tenderer should sign below the rate quoted by him for each schedule of tender document.

ii. The rate quoted anywhere, other than the respective tender schedule shall not be considered. Any corrections to the rate once quoted by tenderer should be in INK and must be attested by tenderer. However, if any tenderer wants to give discount offer prior to closing of tender box and after submission of his tender offer, then the same is to be given in a separate sealed cover duly signed and stamped on letter head, prior to closing of tender i.e sealing of tender box. Tender number, description of work etc. should be written on the sealed cover.

iii. Where there is a discrepancy between the rate quoted in figures and words, the rate quoted in words will be considered for evaluation of the tenderer offer.

iv. Rates quoted without signature of tenderer will be considered as “Not Quoted” and/or if no rate is quoted for any schedule, then the offer will be treated as incomplete offer and will not be considered for award of work.

v. Rates quoted without prefix “Above/At par/Below” will be considered to be quoted as “Above” the tender schedule rates.

vi. No correspondence/representation from tenderer will be considered for their failure to quote the rates as above.

vii. Tenderers shall note that conditional/alternate offer will not be considered and will summarily be rejected, even though such condition makes them as the lowest tenderer.

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

6. The tender must be accompanied by a sum of Rs.37,100/- as earnest Money (as mentioned in page No.2) deposited in cash or in any of the forms mentioned below failing which the tender will not be considered and will be summarily rejected.

6 a The earnest money shall be as below on the estimated tender value as indicated in the Tender Notice. The Earnest money shall be rounded to the nearest Rs.10 (Rupees Ten only). This earnest money shall be applicable for all modes of tendering.

Sl. No. Value of work

EMD

a For works with Estimated Tender Value costing upto Rs.1 Crore

2 % of the Estimated Tender Value

b For works with estimated Tender Value to cost more than Rs.1 Crore

Rs.2 lakhs plus ½ % (half percent)of the excess of estimated cost of work beyond Rs.1 Crore subject to a maximum of Rs.1 Crore.

The Earnest Money should be in any of the following forms:- “The Earnest Money should be in Cash or Banker’s cheques/Demand Drafts executed

by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank”.

Page No.23 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

i)

ii)

Earnest Money Deposit in the form of cash paid to Divisional Cashier (Pay) S.C.Railway, HYDERABAD Division and the cash receipt in original should be submitted along with

the offer. Demand Draft drawn in favour of Senior Divisional Finance Manager, S.C. Railway, HYDERABAD Division. Any other form of EMD including Deposit Receipts, Guarantee Bonds etc., other than Cash/DD/Banker’s cheque is not acceptable.

Note: In case the tenderer withdraws his offer within the validity date of his offer or fails to

undertake the contract after acceptance of his tender, the full earnest money should be forfeited. Earnest Money in the form of Guarantee Bonds should not be accepted.

(1)Cash will not be accepted by the Chief cashier or Divisional Cashier (Pay)Secunderabad later 11.00 hours on the date of opening.

(2)Cheques, War Bonds and Government promissory note will not be accepted towards the Earnest Money.

The tenderer shall hold the offer open till such date that may be specified in the tender. It is understood that the tender documents have been sold/issued to the tenderer and the tenderer is being permitted to tender in consideration of the stipulation on his part that after submitting his tender, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to Divisional Railway Manager Hyderabad Division South Central Railway, Secunderabad Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as security for the due performance of the above stipulation shall be forfeited to the Railway. If the tender is accepted, the amount of earnest deposit will be held as security deposit for the due and faithful fulfillment of the contract. The earnest money of the unsuccessful tenderer will save as herein before provided, be returned to the unsuccessful tenderers but the Railway shall not be responsible for any loss or depreciation that may happen to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the earnest money while in their possession nor be liable to pay interest thereon.

7. It shall not be obligatory on the said authority to accept the lowest tender and no tenderer/tenderers shall demand any explanation for the cause of rejection of his / their tender

8. If the tenderer deliberately gives/tenderers deliberately give wrong information in his/their tender or creates/ create circumstances for the acceptance of his/their tender, the railway reserves the right to reject such tender at any stage.

9. If a tenderer expires after the submission or his tender of after the acceptance of his tender, the railway shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the railway shall deem such tender as cancelled, unless the firm retains its character.

10. The earnest money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender will be refunded to the unsuccessful tenderer/ tenderers within a reasonable time. The earnest money deposited by the successful tenderer/tenderers will be retained towards the security deposit for the due and faithful fulfillment of the contract but shall be forfeited if the contractor fails/contractors fail to execute the Agreement Bond or start the work within a reasonable time (to be determined by the Engineer-in-charge) after notification of the acceptance of his/their tender.

11. a) The tenderer is / tenderers are required to produce along with his/their tender an attested certificate from the Employer/Client, audited balance Sheet, duly certified by the Chartered Accountant etc. should be submitted. b) Documents testifying to the Tenderers/Tenderers previous experience and financial status should be produced when desired by the railway.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

12. Tenders must be enclosed in sealed covers, super scribed “The Tender for

___________________ and must be sent by Registered Post to the address of Divisional Railway Manager(Works), Hyderabad Division South Central Railway, Secunderabad so as to reach his office not later than 11.00 hours on the prescribed date of opening or deposited in the Special Box allotted for the purpose in the TENDER HALL (Old DSC/RPF Office) in the premises of DRM's Offices Compound Secunderabad This will be sealed at 11.00 hours on the prescribed date of opening.

13. Non-compliance with any of the conditions set forth herein above is liable to result in the tender being rejected.

14. The authority for acceptance of the tender will rest with the Divisional Railway Manager, Hyderabad Division South Central Railway, Secunderabad who does not bind himself to accept the lowest or any other tender nor does he undertake to assign reasons for declining to consider any particular tenderer / tenderers

15. The Successful Tenderer/Tenderers shall be required to execute an agreement with the President of India acting through the Principal Chief Engineer/Chief Engineer/Engineer-in-chief/Deputy Chief Engineer (Constructions), Divisional Railway Manager/ Divisional Engineer/ Senior Divisional Engineer (Construction) of the Railway for carrying out the work according to the General Conditions of the Contract and specifications for works and material of South Central Railway including correction slips issued from time to time.

16. The Tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of tender, within which period the tenderer cannot withdraw his offer subject to the period being extended further if required by mutual agreement from time to time. Any contravention of the above condition will make the tenderer liable for forfeiture of Security Deposit for due performance of the foregoing stipulations.

17. The Administration does not agree to pay Sales Tax in addition to the price quoted: 18. Should the Railway decide to negotiate with a view to bring down the rates, the tenderer

called for negotiations should furnish the following form of declaration before commencement of negotiations.(Authority Rly.Board letter No. 2008/CE-1/CT/1 dated 1209.2008 under PCE/SC letter No.W196/Policy dated 24.09.2008)

I /We ------------------------- do declare that in the event of failure of the contemplated negotiations relating to the tender No.---------------/DRM/W/HYB/OT issued under Tender Notice --------------- -----/DRM/Works/HYB/OT dated --------------- opened on ---------------- our original tender shall remain open for acceptance on its original terms and conditions. We also declare that I/we are aware that during this negotiation, I/we cannot increase the originally quoted rates against any of the individual items and that in the event of I/we doing so, the same would not be considered at all i.e. reduction in rates during negotiation alone would be considered and for some items if I/we increase the rates, the same would not be considered and in lieu my originally quoted rates alone would be considered and my offer would be evaluated accordingly.

19. Should a tenderer be a retired engineer of the gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering Department of any of the Railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or a retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such engineer or gazetted officer from the said service and in cases where such engineer or officer has not retired from Government Service at least one year prior to the date of the submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership Firm or an incorporated company, to become a partner or director as the case may be or to make employment under the contractor has been obtained by the tenderer or the engineer or the officer as the case may be from the President of India or any Officer duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender/s without information above referred to or a statement to the effect that no such retired engineer or retired Gazetted officer is so associated with the tenderer, as the case may be, shall be rejected.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

20. Should a tenderer of contractor being an individual on the list of approved contractors, have a relative employed in Gazetted capacity in the Engineering department of the South Central Railway or in the case of a partnership firm or company incorporated under the Indian company law, should a partner or a relative of the partner or a SHARE HOLDER or a relative of a SHARE HOLDER be employed in Gazetted capacity in the Engineering Department of the South Central Railway, the authority inviting tenders shall be informed of th e fact at the time of submission of tenders failing which the tender may be rejected or if such fact subsequently comes to light the contract my be rescinded in accordance with the provisions in Clause 62 of the General conditions of the contract.

21 21. CONSORTIUM AGREEMENTS, JOINT VENTURE AND MOUs SHALL BE CONSIDEREDONLY FOR WORKS COSTING MORE THAN 10.O CRORES

22 Partnership Firm i. Partnership deed is eligible if entered into and registered prior to Tender Notice. Tenderer should

enclose/submit experience certificate in the same name and style as the tenderer and their credentials shall be considered fully to the extent of work executed by the partnership firm in the same name and style i.e. (EXPERIENCE OFINDIVIDUAL PARTNERS WILL NOT BE CONSIDERED).

ii. Any change or modification in the constitution of tendering firms for whatever purpose or intimation of any disputes by any of the partners in the firm making tendering firm ineligible, during consideration of Tender after opening of the Tender, shall be deemed to be backing out of the offer by the Tenderer.

CONTROCTOR

LIABILITY OF CONTRACTOR(S) - ANY DAMAGE SUSTAINED BY RAILWAYS DURING ACCIDENTS ETC., CAUSED DUE TO

CONTRACTOR(S) FAILURES, FAULT OR NEGLIGENCE. Railway will post an Engineer-in-charge who may be PWI of any grade at site for

Technical Supervision of the work. This Engineer-in-charge will be responsible for safety of the traffic. The work shall be executed by the contractor in a workman like manner to the satisfaction of the Engineer-in-charge. The Contractor and his labour shall be guided by the instructions of the Engineer-in-Charge. In the event of any accident occurring at the workshop and it is established during the departmental enquiry by the Railway or by Statutory enquiry of CRS, that the accident occurred wholly or partly due to any act tantamounting to negligence on the part of the contractor or his labour in not adhering to the instructions of the engineer-in-charge, the contractor shall render himself liable for damages and also legal prosecution if loss of life is involved.

Place: ____________________________

Date: Signature of Tenderer /Tenderers

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

SPECIAL CONDITIONS OF CONTRACT 1 The rates include all lead and if the materials obtained by rail all freight charges including

loading charges. 2 Sales tax, Royalties and Octroi duties, if any, that may be payable under Provincial

Government Sales Tax Act or Local Bodies Act or rules on any of the material that may be used or supplied by the contractor will be payable by the contractor. The Railway will neither pay the taxes or duties nor be bound to compensate the contractor for any amounts paid by him by way of these taxes or duties. Seigniorage charges recoverable from bills:- “The Seigniorage charges for supply of earth, mooram, sand and other minerals as fixed by State Government and payable to them as revised from time to time during the currency of contract will be recovered by Railway from the contractors on account and final bills and remitted to the state government. The rates quoted by the tenderer shall be inclusive of these charges. Claims regarding revision of seigniorage charges and consequent enhancement of the accepted rate will not be entertained.”However, no Seigniorage charges recoverable from bills:-However, no seigniorage charges/ fee shall be recovered from the bills of the contractor, if the contractor produces documentary evidence e.g, “Transit Passes” issued by state Govt. Officials in token of having paid seigniorage fee. In such cases, the genuineness of such documentary evidence produced along with proof of payment of seigniorage charges, shall be got verified by the Railway from the concerned Mining and Geology Dept.” (Authority: PCE/SC letter No.W.44/B/Vol.VI dt.03.11.2008).

3 WATER:- A charge of One percent will be made by the Railway for the supply by the Railway of piped water from existing pipe lines and calculated on the amount of all items of work SSR/NS appearing in the bills payable to the contractor in respect of which work such water has been issued to the Contractor and such charges should be deducted from sums due or payable by the Railway to the Contractor from time to time. In the event of water having to be brought by the Railway to the site of the work in traveling tanks, the actual freight at Public Tariff rate and all other charges incurred therein including any demurrage that may be levied shall be payable by the Contractor and deducted from sums due or payable by the Railways to the Contractor from time to time. (Authority: CGE/SC letter No.W.496/C/2/Vol.IV dt.28-2/1-3-2002).

In addition to the charges of one percent referred to above, if additional pipe lines to those already existing are called for by the contractor, the cost of the same and all charges incurred by the Railway in their laying including supervision charges will be paid by the contractor or the contractor provides and lay his own piping at the discretion of Divisional Engineer.

4 The Railway does not guarantee work under each items of the Master Schedule. For example if a gate-lodge or gang huts are to be built between stations and the work order issued to the sectional contractors additional payment on account of lead or freight charges for the materials that may have to be brought by rail or by road, will not be admissible.

5 If there arises any discrepancy between the printed standard schedule of Rates 2010 as amended by addendum and corrigendum slips issued from time to time upto date and the schedule attached to the Tender pertaining to this work, the former shall be treated as authenticate and binding in all purposes.

6 Rubble masonry shall be first sum of Railways Specification No 503 according to South Central Railway Specification for materials and works. Contractors’ attention is particularly invited to dressing of stone as laid down in the Railway’s specification.

7 The Special conditions supplemented to the conditions of Tender and contracts the General conditions of contract and the notes appearing under the relevant chapter and sub chapters of the Standard Schedule of Rates 2010 should be considered as part of the contract papers where the provisions of these conditions are at variance with General Conditions of Contract these special conditions.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

08 PERFORMANCE GURANTEE: Revised Clause 16(4) to Indian Railways General Conditions of Contract Ref:- Item-1 to Railway Board’s vide letter No. 2007/CE-I/CT/18 Pt. XII dated 31.12.2010) and Dy.CE/Works letter No.W.496/Policy/Vol.VII dated 06.01.2011 addressed to all SR.DEN’s.

Clause 16(4) Performance Guarantee.

The procedure for obtaining Performance Guarantee is outlined below: (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty)

days from the date of issue of Letter Of Acceptance (LOA) Extension of time for submission of PG beyond 30(thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days. i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shell be debarred from participating in re-tender for that work.

(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms, amounting to 5% of the contract value: (i) A deposit of Cash: (ii) Irrevocable Bank Guarantee: (iii) Government Securities including State Loan Bonds at 15% below the market value: (iv) Deposit Receipt, Pay Order, Demand Drafts and Guarantee Bounds. These forms of

Performance Guarantee could be either of the State Bank of India or any of the Nationalized Bank:

(v) Guarantee Bound executed or Deposits receipt tendered by all Scheduled Banks: (vi) A Deposit in the Post Office savings bank: (vii) A deposit in the National savings Certificates: (viii) Twelve years National Defence Certificates: (ix) Ten years Defence Deposits: (x) National Defence Bonds and (xi) Unit Trust Certificate at 5% below market value or at the face value whichever is less. Also FDR in favour of FA&CAO (free from any encumbrance) may be accepted.

NOTE: - The instruments as listed above will also be acceptable for Guarantees in case

of Mobilization Advance. (c) The Performance Guarantee shall be submitted by the successful bidder after the Letter Of

acceptance (LOA) has been issued, but before signing of the contract agreement. This PG shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of P.G. extended to cover such extended time for completion of work plus 60 days.

(d) The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess over the original contract value shall be deposit by the contractor.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on Completion Certificate issued by the competent authority stating that the contractor has completed the work in all respects satisfactory. The Security Deposit shall however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate from the contractor.

(f) Whenever the contract is rescinded the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & cost of the failed contractor. The failed contractor shall be debarred from participating in the

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tender for executing the balance work. If the failed contractor is a JV or a Partnership firm then every member/partner of such firm shall be debarred form participating in the tender for the balance work in his/her individual capacity or as a partner of any other JV/partnership firm.

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and /or without prejudice to any other provisions in the contract agreement) in the event of: (i) Failure by the contractor to extend the validity of the Performance Guarantee as

described herein above. In which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service of notice to this effect by Engineer.

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

9 Security Deposit:- The scale of Security Deposit that is to be recovered from the contractor shall be as follows asper the extent instructions of the Railway Board vide lr.No.2003/CE-I/CT/4/PT-1,dt.12.05.2006 and Rly. Bd. Lr.No.2007/CE-I/CT/18 dt.07-03-2008. & Correction slip. No.129to SOP-03 GM/SC/O lr.no.G.203/Policy/Vol.XIII dt.15.01.09. The Security Deposit that is to be recovered from the tenderer shall be 5% of the contract value and shall be recovered from the progressive bills of the contractors @10% of each bill till it reaches 5% of the contract value. Security deposit will be recovered only from the running bills of the contract and no other mode of collecting SD such as SD in the form of instruments like Bank Guarantee, FD etc., will be accepted towards Security Deposit. Security Deposit shall be returned to the contractor: a) After the work is physically completed, security deposit recovered from the running bills of a contractor can be returned to him if he so desired, in lieu of FDR/irrevocable Bank Guarantee for equivalent amount to be submitted by him. b) Finally, SD shall be returned to the contractor after being duly certified by the competent authority, as per item( c) below. c) The competent authority shall normally be the authority who is competent to sign the contract. If the competent authority is of the rank lower than JA Grade, then a JA Grade Officer, concerned with the work, should issue the certificate. d) The certificate to be issued after expiry of the maintenance period, should inter-alia mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. e) Before releasing the SD, an unconditional and unequivocal `No Claim` Certificate from the contractor concerned should be obtained. f) In case of contracts of value Rs.50 crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining Security deposit. 10 STANDING EARNESTMONEY: The standing Earnest Money will not be considered and

the tenderers have to remit full EMD. 11 DEDUCTION OF INCOME TAX AT SOURCE

In terms of new Section 194-C inserted by the Finance Act 1972 , in the income tax Act 1961 the Railway shall at the time of arranging payments to the contractor and/or sub contractor(in the case of sub contractor only when the Railway is responsible for payment of consideration to him under the contract) for carrying out any work (including supply of labour for carrying out any work) under the contract be entitled to deduct income tax at source on Income comprised in the sum of such payments.

The deduction towards income tax to be made at source from the payments due to non-residents shall continue to be governed by Section 195 of the Income Tax Act 1961.

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No Income Tax will be deducted by the Railway on payments made for supply of materials where such value of supply portion is distinct and ascertainable such as supply of Timber, tiles, bricks, ballast including track/ballast etc. The deductions towards Income Tax to be made at source from the payment due to non/residents shall continue to be governed by Section 195 of the Income Tax Act 1961.

12. The Building and Other Construction Workers (RECS) Act, 1996 Authority: Railway Board lr. No. 2008/CE-I/CT/6 dt. 09.07.08 circulated under CE/Works/SC letter. No. W.148/I/9 dt.23.07.08.

“The tenderer for carrying out any construction work in………………..(name of the State) must get themselves registered from the Registering Officer under Section – 7 of the Building and Other Construction Workers Act, 1996 and rules made thereto by the …………….(name of the State) Govt. and submit certificate of Registration issued from the Registering Officer of the ……………………. (name of the State) Govt. (Labour Deptt.). For enactment of the act, the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of cess, when supplied under a separate schedule item.”

13. Conservancy Charges: As applicable from time to time to be levied (Cl.6 of GCC & C.S.NO.5 to GCC)

CONTRACTOR DRM/WORKS/HYB

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

Clause No.46A – Price Variation Clause: 46A.1 Price Variation Clause shall be applicable only for tenders of value as prescribed by

the Ministry of Railways through instructions/circulars issued from time to time and irrespective of the contract completion period. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If in any case, accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment /recovery of price variation.

46A.2 The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of

tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration.

46A.3 Rates accepted by Railway Administration shall hold good till completion of work

and no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be made as per Price Variation Clause given hereunder.

46A.4 Adjustment for variation in prices of material, labour, fuel , explosives, detonators,

steel, concreting, ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed.

46A.5 Components of various items in a contract on which variation in prices be admissible,

shall be Material, Labour, Fuel, Explosives, Detonators, Steel Cement, Concreting, Ferrous, Non- Ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be admissible.

46A.6 The percentages of labour component, material component, fuel component etc. in

various types of Engineering Works shall be as under.

Component Percentage Component Percentage(A) Earthwork Contracts: Labour Component 50% Other Material Components 15% Fuel Component 20% Fixed Component* 15% (B) Ballast and Quarry products Contracts: Labour Component 55% Other Material Components 15% Fuel Component 15% Fixed Component* 15% (C) Tunneling Contracts: Labour Component 45% Detonators Component 5% Fuel Component 15% Other Material Components 5% Explosive Component 15% Fixed Component* 15% (D) Other Works Contracts: Labour Component 30% Other Material Components 15% Fuel Component 40% Fixed Component* 15%

* It shall not be considered for any price variation.

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46A.7 The Amount of variation in prices in several components (labour material etc.) shall be worked out by the following formulae: (i) L = W x (LQ-LB) x LC

LB 100 (ii) M = W x (MQ-MB) x MC

W0 100

(iii) F = W x (FQ-FB) x FC FB 100

(iv) E = W x (EQ-EB) x EC EB 100

(v) D = W x (DQ-DB) x DC DB 100

(vi) S = SW x (SQ-SB) (vii) C = CV x (CQ-CB)/ CB

Where L Amount of price variation in Labour M Amount of price variation in Materials F Amount of price variation in Fuel E Amount of price variation in Explosives D Amount of price variation in Detonators S Amount of price variation in Steel C Amount of price variation in Cement W Gross value of work done by contractor as per on-account bill(s) excluding

cost of materials supplied by Railway at fixed price minus the price values of cement & steel. This will also exclude specific payment if any to be made to the consultants engaged by contractors (such payment will be indicated in the contractor’s offer)

LB Consumer Price Index Number for Industrial Workers – All India – Published in RBI Bulletin for the base period

LQ Consumer Price Index Number for Industrial Workers – All India – Published in RBI Bulletin for the average price index of the three months of the quarter under consideration

MB Index Number of Wholesale Prices – By Groups and Sub-Groups – All Commodities – as published in the R.B.I Bulletin for the base period

MQ Index Number of Wholesale Prices – By Groups and Sub-Groups – All Commodities – as published in the R.B.I Bulletin for the average price index of the three months of the quarter under consideration

FB Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel and Power as published in the R.B.I Bulletin for the base period

FQ Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, and Power as published in the R.B.I Bulletin for the average price index of the three months of the quarter under consideration

EB Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the base period

EQ Cost of explosives as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of explosives are made by the contractor for the average price index of the three months of the quarter under consideration

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

DB Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the base period

DQ Cost of detonators as fixed by DGS&D in the relevant rate contract of the firm from whom purchases of detonators are made by the contractor for the average price index of the three months of the quarter under consideration

SQ SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in rupees per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor (or) as prevailing on the first day of the month in which steel was brought to the site by the contractor whichever is lower.

SB SAIL’s ex-works price plus Excise Duty thereof (in Rs. per tonne) for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the tender was opened

CV Value of cement supplied by the contractor as per the ‘on account’ bill in the quarter under consideration

CB Index Number of Wholesale Price of Sub-Group (of cement & Lime) as published in R.B.I Bulletin for the base period

CQ Index Number of Wholesale Price of Sub-Group (of cement & Lime) as published in R.B.I Bulletin for the average price index of the 3 months of the quarter under consideration

46A.8 The demands for escalation of cost shall be allowed on the basis of provisional indices

made available by Reserve Bank of India. Any adjustment needed to be done based on the finally published indices shall be made as and when they become available.

46A.9 Relevant categories of steel for the purpose of operating Price Variation formula, as

mentioned in this clause, based on SAIL’s ex-works price plus Excise Duty there of shall be as under:

S.No Category of Steel Supplied in

Railway work Category of Steel Produced by SAIL Whose Ex-Works Price Plus Excise Duty Would Be Adopted To Determine Price Variation

1 Reinforcement bars and other rounds

TMT 8mm IS 1786 Fe 415/Fe500

2 All types and sizes of angles Angle 65 x 65 x 6 mm IS 2062 E250A SK 3 All types and sizes of plates PM Plates above 10-20 mm IS 2062 E250A

SK 4 All types and sizes of channels

and joists Channels 200 x 75 mm IS 2062 E250A SK

5 Any other section of steel not covered in the above categories and excluding HTS

Average of price for the 3 categories covered under SL 1, 2 & 3 above

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

46A.10 Price Variation During Extended Period of Contract The price adjustment as worked out above i.e either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under clause 17-A of the General Conditions of Contract. However, where extension of time has been granted due to contractor’s failure under clause 17-B of the General Conditions of Contract, price adjustment shall be done as follows: (a) In case the indices increase above the indices applicable to the last month of original

completion period or the extended period under clause 17-A, the price adjustment for the period of extension granted under clause 17-B shall be limited to the amount payable as per the Indices applicable to the last month of the original completion period or the extended period under clause 17-A of the General Conditions of Contract; as the case may be.

(b) In case the indices fall below the indices applicable to the last month of original/extended period of completion under clause 17-A, as the case may be; then the lower indices shall be adopted for the price adjustment for the period of extension under Clause 17-B of the General Conditions of Contract.

CONTRACTOR DRM/WORKS/HYB

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE- “B” WORKS CONTRACT CLAUSE-13

1. In case cement, Steel, AC sheet with or without accessories, GI sheets with or without

accessories, glasses or any other materials/items are issued to the contractor(s) either free of cost or on cost to be recovered for use on the work as stipulated in the agreement the supply thereof shall be made in stages depending on the progress of the work, limited to the quantity /quantities computed by the Railway, according to the prescribed specification and approved drawings as per agreement.

The materials supplied should conform to Railway’s Specification in all respects should be in accordance with approved sample.

All such materials supplied to the contractor(s) for the work either free of charge or on payment as the case may be will be issued to contractor(s) at the Railway depot/godown/goods shed at_________and will have to be transported by the contractor to the site of work at his cost. All such materials shall be used by the Contractor for the work in such quantities as are indicated in the schedule or in the relevant specifications or drawings or as approved by the Engineer, whose decision thereon shall be final. Wastage or damages of such materials in any manner shall be totally avoided. The contractor(s) shall be liable to the accountal for all such materials issued by Railway either free of cost or on payment excluding the permissible wastage which incase of steel materials should not in any case exceed 1% of the total quantity required for the work as per the approved drawings. No wastage under other items is permissible. Short lengths of rods should also be utilized to the extent possible by overlapping joints. The Cement, Steel, A.C. Sheets with or without accessories, G.I sheets with or without accessories glasses or any other materials issued in excess of the requirement(s) as above, shall be returned in perfectly good condition by the contractor(s) to the Railway at the Railway depot/Godown/Goods shed at________immediately after completion or termination of the contract. If the contractor fails to return the said materials then the cost of such materials issued in excess of the requirement as computed by Railway according to the specification and approved drawings will be recovered from the contractor(s) at twice the prevailing procurement cost at the time of last issue viz., 2 x (purchases price +5% freight only). This will be without prejudice to the right of Railway to take action against the contractors under the condition of the contract for not doing/completing the work according to the prescribed specification and approved drawings.

If it is discovered that the quantity of cement, steel or any other material used is less than the quantity computed by the Railway, according to specifications and approved drawings the cost of materials not returned will be recovered at the same rates as applicable to excess issue of materials, indicated in the preceding para.

2. It shall be the responsibility of the contractor to keep in safe custody any Railway material

plant or equipment issued for the work. The contractor shall at his own expense provide suitable temporary shed/sheds for this purpose on the Railway land made available by the Railway free of rent and shall remove the shed/sheds when no longer required in terms of clause 30 of General conditions of contract.

If due to any reason the Railway is not in a position to make available the Railway land the Railway Engineer incharge of the work may permit the contractor to erect at his own cost shed/sheds or secure private accommodation outside the Railway premises. In such a case the contractor may be permitted to take the Railway material required for the works outside the railway premises and to store in the Shed so erected or private accommodation so secured. It shall be the responsibility of the contractor to keep the railway material in safe custody and

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the same should be kept entire separate from the contractor’s material and the Railway shall have liberty to inspect the same from time to time

3. The code Nos. description and rates given in the schedule are based on the printed standard

schedule of rates 2010. Any discrepancy noticed during the execution of the work, in the working rates quantity of cement etc. should be rectified by reference to the printed schedule, which shall be treated as authoritative and binding on the contract. The relevant notes applicable to the respective sub chapters will apply to the items of the Tender schedule and should be considered as having been incorporated in the contract agreement and binding on the Contractor.

4. For any other items not specially shown in the schedule of rates appended to the tender

document, the Divisional/Executive Engineer will offer rates as shown for the ____HYB_____ zone in the South central railway printed standard schedule of rates 2010 subject to the same percentage adjustment accepted in the contract being applicable to the additional items.

5 Railway shall not supply from its own quota to the contractors controlled or imported commodities. Assistance will, however given by recommending appropriating authorities. Contractor applications for issue of import licenses and release of controlled commodities if the Engineer is satisfied that this material is actually required by contractor for carrying out the work and is not available in the country.

6 VARIATION OF COSTS: Labour and material (Escalation clause): Clause 60 General

conditions of contract viz. Variation of costs Labour and material shall not be applicable to the contracts (contract agreement value) of value less than Rs.50Lakhs.

Time is the essence of contract

7 PERIOD OF COMPLETION: The Railway expects that a resourceful and experienced contractor should be able to complete the work in all respects within 08 (Eight) months from the date of letter of acceptance of the Tender. Each contractor must, however, fill in the appropriate place on page 13 (Annexure I) the Tender Document, the period within which he undertakes to complete the work.

7 a Extension of time of completion will be governed by clause 17 of General Conditions of

Contract. However, while granting the extension of time under clause 17(B) of GCC, a token penalty as deemed fit based on the circumstances of the case can be imposed on the contractor without prejudice to other rights of Railway Administration as provided under GCC.

8 MAINTENANCE PERIOD: The work shall be maintained after completion for a period of NIL Months by the contractor and he shall make good any defects, imperfections, shrinkages or faults which may appear at his own cost.

9 It is HEREBY AGREED that it shall be the duty of the contractor to keep himself informed of all corrections, and amendments of the said General conditions of contract made up to the date of the execution of these presents and no objection shall be taken by the contractor on the ground that he was not aware of such amendments and corrections of the said General Conditions of Contract or to any of them.

10.1 SPECIAL CONDITIONS OF CONTRACT VARIATIONS IN QUANTITIES: The Railway reserves the right to alter the designs and drawings. If due to change of drawing or design or any other reasons, there be variations, either increase or decrease in quantities, payment will be made only for the actual quantities executed at the accepted rates. If there be sufficient cause the Railway may grant extension of the date of completion suitably. Such circumstances shall in no way affect or vitiate the contract or alter the character thereof, or entitle the contractor to damages or compensation thereof except as provided for in this contract.

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10.2. The quantities of each item of work furnished in the Schedule are approximate and are intended for the guidance of Tenderer/Contractor. In actual execution of work there may be some increase in the quantities specified. Such variation up to 25% shall in no degree affect the validity of the contract and it shall be performed by the contractor as provided therein and be subjected to the same conditions, stipulations and obligations originally and expressly included and provided for in specifications and drawings and the amount to be paid there for shall be calculated in accordance with accepted rates.

1. Prior Finance concurrence is necessary for varying the individual quantities beyond 25% or where the

gross agreement value exceeds 25% of the agreement value. 2. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment

would made as per the agreement rate. For this no finance concurrence would be required. 3. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is

considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity (100% i.e. the original quantity +25% i.e. quantity over and above the original quantity) subject to the following conditions:-

a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than SA Grade. i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the

concerned item, shall be paid at 98% of the rate awarded for the item in that particular tender. ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item

shall be paid at 96% of the rate awarded for that item in that particular tender. iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only

in exceptional unavoidable circumstances with the concurrence of Associated Finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

b) The variation in quantities as per the formula will apply only to the individual items of the contract and not on the overall contract value.

c) Execution of quantities beyond 150% of the overall agreement value should not be permitted and, if found necessary, should be only through fresh tender or by negotiating with the existing contractor, with prior personal concurrence of FA&CAO/FA&CAO/C and approval of General Manager. In cases where decrease is involved during execution of contract:

(a) The contract signing authority can decrease the items upto 25% of individual items without finance concurrence. (b) For decrease beyond 25% for individual items of 25% of contract agreement value, the approval of an officer not less than rank of SA Grade may be taken, after obtaining ‘No Claim Certificate’ from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

(c) It should be certified that the quantities proposed to be reduced will not be required in the same work at a later stage.

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for

other items). A minor value item for this purpose is defined as an item whose original agreement values is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items. 6. As far as SSR/SOR items are concerned, the limit of 25% would apply to the value of SSR/SOR

schedule as a whole and not on individual SSR/SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

7. For the tender accepted at zonal Railway level, the variation in quantities will be approved by the authority in whose power the revised value of the agreement lies.

8. For tender accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager.

9. For tender accepted by Board Member and Railway Ministers, variation up to 110% of the original agreement value may be accepted by General Manager.

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10. The aspect of vitiation of tender with respect of variation in quantities should be checked and avoided. In case of vitiation of tender (both for increase as well as decrease of value of contract agreement) sanction of competent authority as per single tender should be obtained.

11. Provision of Efficient And Competent Staff at Work sites by the Contractor: In terms of provisions of new clause 26 A.1 to the General Conditions of Contract (GCC), contractor shall also employ following Qualified Engineers during execution of the allotted work.

a) One Qualified Graduate Engineer when cost of work to be executed is Rs.200 lakh and above

and b) One Qualified Diploma Holder Engineer when cost of work to be executed is more than Rs.25

lakh but less than Rs.200 lakh. 1. Further, in case, the contractor fails to employ the Qualified Engineer, as aforesaid in para 1

above, he in terms of provisions of Clause 26A.2 to the General Conditions of Contract, shall be liable to pay an amount of Rs.40000/- and Rs.25000/- for each month or part thereof for the default period for the provisions, as contained in para 11(a) and 1(b) above respectively

The above clause is not applicable for contracts exclusively for Welding of Rail Joints in terms of CTE/SC letter No. W/509/P/Vol.X/dated 06.04.2006.

12. Clause 55 – B to GCC Railway Contractors / Extension of Provident Fund Act to the Employees working under Railway Contractors:-

The Contractor shall comply with the provisions of para 30 and 36-B of the Employees Provident Fund Scheme, 1952; Para 3 and 4 of Employees Pension Scheme, 1955; and para 7 and 8 Employees Deposit Linked Insurance Scheme,1976; as modified time to time, wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. (Authority Rly. Board’ letter No.2012/CE-I/CT/O22 dated 14.12.2012 & PCE/SC’ s letter No.W.148/P.GCC dated 21.01.2013)

CONTRACTOR DRM/WORKS/HYB

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

SPECIAL CONDITIONS FOR SUPPLY OF MATERIAL (ONLY CLAUSES 10 TO 20 EXCLUSIVE) 1 Measurement and Payment:

Materials supplied by the Contractor under the terms of the contract (not being materials used in connection with any work done under terms of this contract)) shall be of good quality and in all respects comply with specifications of the same as mentioned in said Schedule. Such materials shall (if deemed to be measured and subject to Clause 42 here of payment made on account there for as far as possible once a month after deduction of any previous payment made in respect of materials included in the materials so measured and on the completion of the work or the termination of this contract, final measurements will be made and account/adjusted accordingly.

2 Suspension of supply: All works of supplying ballast, moorum sand or stone ballast at quarry or depot to cease while the running out of the materials from the quarry or Depot is in progress by ballast train.

3 Site of Stacking; Measurements in respect of materials supplied as aforesaid and stacked for measurement will be taken only for these stacks that are not leveled ground and on sites that have been previously selected by the Engineer. Completed stacks only will be measured and under no circumstances will measurements be made for uncompleted Stacks.

4 Height: Stacks less than 1 meter in height will not be accepted unless specially sanctioned in writing by the engineer.

5 Penalty Clause: i) The quarterly (3 months) supply schedule of ballast shall be drawn and specified in the tender

schedule by the Divisional Engineer considering the periods of monsoon that may interfere. ii) When the supply of ballast for any quarterly period is less than the quantity that should have been

supplied at the stipulated quarterly rate as mentioned in the tender schedule a penalty of Rs.60/-(Rupees sixty only) per each quarter per 10 Cum. (Ten Cubic metres) for the quantities supplied short shall be levied unless the shortfall is on railway’s account.

iii) The levy of penalty otherwise shall be decided on each occasion when an ’On account’ or ‘Final Bill’ is prepared taking into account the factors leading to the short supply such as short supply of ballast by the contractor interruption due to ballast train not working or limited stacking space offered by the Railways, etc. The levy or waival of penalty by the Divisional Engineer shall be final and binding. In case the penalty is waived, the Contractor shall arrange to make good the short supply in the subsequent quarterly periods as per the quarterly supply schedule redrawn by the Divisional Engineer, and the Contractor shall be liable to supply ballast according to the revised schedules.

iv) The penalty shall take into account the shortage of the actual quantity supplied from the date of the last measurement as compared to the quantity that should have been supplied during the intervening period at the stipulated quarterly rate. In case the penalty is levied and the Contractor does not make up the short supply during subsequent quarter, the penalty shall be continued to be levied till such time the total short supply is made good.

v) Notwithstanding the above, the Railway at its option shall be entitled to purchase elsewhere at the risk of the Contractor the quantity of ballast which the Contractor failed to supply within the period or periods mentioned in the contract.

vi) Levy of penalty as aforesaid does not amount to waiver of the right of Administration to take action under different clauses of GCC.

6. Permit or Parwana : The Contractor will at his own expense obtained such permit or parwana for quarrying or for any other purpose as may be necessary to enable him to perform his part of the contract. The President will not under any circumstances be liable to contain any permit or parwana whatsoever.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

MINES CLAUSE: Note: The Tenderer must carefully study the Provisions of the Mines Act. On such of the quarries declared as “Mines under the Mines Act, the Contractor will be responsible for implementing the provision. Under the Act at his own cost and the Railway will not be held responsible for infringement of any of the Clauses provided in this Mines Act. In the case of quarries owned by the Railway, the Railway may arrange to provide amenities required under the Act, the Contractor, will, however, to pay a rent as fixed by the Railway to the Railway for making use of these facilities. The contractor will also have to vacate and peacefully give possession of these facilities to the Railway Representative within seven days of conclusion of this Contract”

7 . DISASTER MANAGEMENT In case of accidents / natural calamities involving human lives, the Railway administration can draft vehicles and equipments of the contractor however, for payment purpose, the item will be operated as additional NS item duly negotiating the rates 8 . A.P.VAT Act & Rules 2005 The contractors should quote Taxpayer’s Identification Number (TIN) while submitting the offer.

CONTRACTOR SENIOR DIVISIONAL ENGINEER SOUTH CENTRAL RAILWAY For & on behalf of the President of India.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

SPECIAL CONDITIONS

MODIFICATION TO CLAUSE 63 & 64 OF

GENERAL CONDITIONS OF CONTRACT

1 The Provision of Clause 63 and 64 of the General Conditions of Contract will be applicable only for settlement of claims /disputes, for values less than or equal to 20% of the original value (excluding the cost of materials supplied free by Railway) of the contract or 20% of the actual value of the work done (excluding the value of the work rejected) under the contract whichever is less. When claims/disputes are of value more than 20% of the value of the original contract or 20% of the value of the actual work done under the contract, whichever is less, the contractor will not be entitled to seek such disputes/claims for reference to arbitration and the provisions of Clause No; 63 &64 of the General Conditions of Contract will not be applicable for referring the disputes to be settled through arbitration.

2 The Contractor shall furnish his monthly statement of claims as per Clause 43(1) of

General Conditions of Contract. But the Contractor should seek reference to arbitration to settle the disputes only once, subject to the conditions as per Para 1.

3 The Special conditions shall prevail over the existing Clause 63 & 64 of General

Conditions of contract.

CONTRACTOR DRM (WORKS) HYB

Page No.41 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

1. Special conditions: 1.1 The contractor shall not allow any road vehicle belonging to him or his suppliers etc. to ply in Railway land next to running line. If for execution of certain works viz. earth work for parallel railway line, supply of ballast for new or existing railway line etc. road vehicles are necessarily to be used in railway land next to the railway line, the contractor shall apply to the Engineer-in-charge for granting permission giving the type and No.of individual vehicle, names and license particulars and permanent addresses of drivers, location, duration and timings for such work/movement, The Engineer-in-charge or his authorized representative will personally counsel, examine and certify the road vehicle drivers, contractor’s flagman and his supervisors to be deployed on the work, location, period and timing of the work.

This permission will be subjected to the following obligatory conditions:- i) The road vehicle will ply only between sun rise and sun set. ii) Nominated vehicles and drivers will be utilized for work in the presence of at least

one flagman from department and one supervisor or his representative certified for such works.

iii) The vehicle shall ply 6 meters (from center of track) away from track. Any movement work at less than 6 meters and upto minimum 3.5 meters clear of track center shall only be done in presence of Railway employee authorized by Engineer-in-charge. No part of road vehicle will be allowed at less than 3.5 meters from track center.

iv) The contractor shall remain fully responsible for ensuring safety and in case of accident, shall bear the cost of all damages to the equipments and men and also damages to Railway and its passengers.

v) Engineer in-charge may impose any other condition necessary for a particular work at site.

vi) If contractor damages any of Signaling & Telecom cables, a flat penalty of Rs 1.00 Lakh will be recovered from his bill.

1.2.1.. The contractor at all times shall adopt safe working methods to ensure safety of structures, equipments and labour at site of works.

1.2.3. The contractor shall not start any work without the presence of Railway supervisor or his representative authorized by AEN in-charge and contractors supervisor at site.

1.2.4. The methodology proposed to be adopted by the contractor is to be approved by Engineer-in-charge with a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and arrangements are actually available at site before start of the work and the contractor’s supervisors and the workers have clearly understood the safety aspects and requirements to be adopted/followed while executing the work.

1.2.5. There shall be an assurance register kept at each site, which will have to be signed by both, i.e. Railway Supervisor or his representatives as well as the contractor’s supervisor as a token of their having understood the safety precautions to be observed at site.

1.2.6. Survey of site by supervisor of contractor & Railways supervisor is to be done to assess precautions to be taken at site for working of trains and materials required for protection.

1.2.7. The list of permissible/sanctioned infringements to moving dimensions for the section shall be made available where work is to be done to execute the works without infringing the moving dimensions.

1.2.8. Competency certificate issued by AEN-in-charge with the contractor’s supervisors at site should be available in the format given in Annexure-I

1.2.9. The detailed plans for safe execution of works, duly approved by the division, should be available for undertaking execution of such works which have bearing on moving dimensions, especially those works close to the running lines and fixed structures on bridges, inside tunnels etc.

1.2.10. Look out caution, speed restrictions as well as traffic block shall be ensured where necessary for execution of works affecting running lines.

1.2.11. Mobile phones or walkie-talkie sets where necessary should be provided work sites.

Page No.42 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

1.3 Precautionary measures to be taken at work sites away from the track: 1.3.1: Trenches and foundation pits should be adequately and securely fenced, provided with proper

caution signs and marked with red lights at suitable intervals during night to avoid accidents. Adequate protective measures should be taken to see that the excavation operations do not affect or damage adjoining existing buildings.

1.3.2. Proper precautions should be taken for safety of persons and adjoining property before undertaking any blasting operation. Red flags should be prominently displayed around the area to be blasted. All the people on the work except those, who actually light the fuses, should be withdrawn to a safe distance of not less than 300 meters from the blasting site. Recommendations given in IS-4081:1986 should be followed for safety during various operations involved in the process of blasting.

1.3.3. Suitable scaffold should be provided for workman for all works that can not be safely done

from the ground or from solid construction except such works which can be done safely from ladders for a short period. When a ladder is used, extra labourers should be engaged for holding the ladder and if the ladder is used for carrying material as well, suitable foot holds and handholds should be provided on the ladder and ladder should be given an inclination not steeper than 4 to 1(Four vertical to one Horizontal).

1.3.4. Workers employed on mixing asphalt materials, cement and lime mortars should be provided

with protective hand & foot wear and protective goggles. 1.3.5. Workers employed in white washing and stacking of cement bags or any materials which are

injurious to the eyes should be provided with protective goggles. 1.3.6. Workers engaged in welding works should be provided with welders protective eye shields,

single piece cotton cloths & shoes. 1.3.7. Stone breakers should be provided with protective goggles, leg guards and protective clothing

and they should be seated at sufficiently safe distance from each other. 1.3.8. A fully equipped first aid box should be maintained at site by the agency with at least one

person fully trained to give first aid. 1.3.9. Inflammable articles such as petrol, oil etc. should be stored separately from other materials

and all prescribed precautions as per the Indian Explosive Act should be taken. 1.3.10. In the bridge work, track works, repairs to tunnel and demolition of structures through

contractual agency, the safe working and ensuring safety of workman employed should be specifically laid down in the contract itself.

CONTRACTOR DRM/WORKS/HYB

Page No.43 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

1.4. Precautionary measures to be taken at work sites in vicinity of track: 1.4.1: Drivers of train must be served with caution order to look out for any obstruction at the place

of work. 1.4.2. Arrangements should be made to protect the track in case of emergency at work sites. 1.4.3. Before the start of the work, the land strip adjacent to the running track where road

vehicle/machinery is to ply for the work shall be demarcated by lime in advance at the appropriate distance from the center of existing track in consultation with the railway supervisor (Annexure-IV) (A). Sketch showing the location of marking and barricading along the full length of the work area should be done as per the sketch given in (Annexure-IV (B). This will enable the workmen posted at the site and also the lorry drivers to have clear guidelines on the movement of vehicles.

1.4.4. Movement of Lorries near the track should be prohibited during night. In case it is

unavoidable, adequate protective measures including lighting must be ensured in the complete work area for the safety of the public and passengers. Also additional staff shall be posted as necessary for night working.

1.4.5. Work should not be allowed to progress without the prior approval of the Engineer in-charge

in case movement of vehicles close to the track is involved. 1.4.6. Machines and vehicles should ply 6 meters (From Track Center) In case movement at less

than 6 meters away from track is inescapable, it should be permitted in the presence of Railway employee authorized by the Engineer-in-charge.

1.4.7. Contractor’s representative should be issued a certificate by ADEN to the effect that they

have acquired sufficient knowledge about the safety precautions that are needed to be followed while working near the track.

1.4.8. The work site shall be suitably demarcated to keep public and passengers away from work

area. Necessary sign boards such as Work in progress etc., shall be provided at appropriate locations to warn the public/passengers.

1.4.9. Check lists given in Annexure-II & III shall be used to ensure that all the requisite measures

have been taken before start of work and work in progress. 1.4.10. All temporary arrangements required to be made during execution of work shall be made in

such a manner that moving dimensions do not infringe. Necessary checks shall be exercised by site in-charge from time to time. CONTRACTOR

Page No.44 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE - I

COMPETENCY CERTIFICATE

Certified that Shri --------------------------------------------------- P.Way Supervisor

of M/s -------------------------------------------------------has been examined regarding

P.way working on ----------------------------- work. His knowledge has been found

satisfactory and he is capable of supervising the work safely.

Assistant Divisional Engineer

Page No.45 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE – II CHECK LIST

(BEFORE STARTING THE WORK) Name of the work: Location: Duration of the work: From

S No

Details Yes No

1 Contractor’s supervisor identified/ selected. Who is going to be site in charge?

2 Training imparted to contractors supervisor & Certified issued?

3 Work site inspected by construction supervisor / other department’s supervisors along with contractor’s supervisor?

4 Precautions to be taken identified and listed?

5 Plan of the work drawn out by contractor’s supervisor in consultation with Railway’s supervisor?

6 Plan of work brought to the knowledge of open line AEN/IOW & PWI?

7 Before start of the work proper lime marking / Barricading had done at site of work ?

8 Men deputed for protection of track along with safety equipments?

9 Caution order issued for the train drivers in case work is being done within 6mts of center of running track?

10 Drivers of vehicles/ machinery being used have been identified?

11 Drivers of vehicles/ machinery briefed about the safe working?

12 Sufficient lighting provided at site of work for night working

13 Infringements checked?

14 Sectional (open line) AEN/PWI/IOW have satisfied themselves regarding safety arrangements?

15 Availability of Walkie- Talkie sets for communication?

Signature of construction/ Other departments supervisor Date:

Page No.46 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE – III CHECK LIST

(WHILE WORK IS IN PROGRESS) Name of the work: Location: Duration of the work: From Date of inspection:

S No

Details Yes No

1 Does the contractor’s supervisor have the certificate?

2 Does the knowledge of contractors supervisor on safety of track & work site is up to mark?

3 Is the Railway’s supervisor of Constr. Organization / Other department available at site?

4 Is the knowledge of Railway’s supervisor O.K.?

5 Is lime marking Barricading done?

6 Are adequate safety precaution taken?

7 Are communication facility ( Walkie- talkie sets) available at site?

8 Are only identified drivers driving the vehicles / machinery?

9 Is whole work site safe for working of men/ vehicles & trains?

10 Are adequate lighting arrangements done at site?

11 Are adequate protection equipment available at site?

12 Is caution order to trains being issued?

13 Are train drivers following the enforced temporary speed restriction?

14 Has work permit been taken for working in Electrified territory / Station Yards? (P&C areas?)

Designation

Page No.47 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE IV A) Marking of line with lime:

3500mm

============================================================ Vehicle / trucks can ply in this area

ANNEXURE IV

B) Provision of Barricading:

3500mm

Barricading - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - -

Annexure-I

Page No.48 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

PERFORMANCE GUARANTEE

1. In consideration of the President of India acting through

________________________________________________________________ hereinafter called ‘ the Government’ ) having awarded to ____________________ ( hereinafter called ‘the contractor (s)’), the contract number _________ dated ____ valued at Rs. ________ for the work of ________________________________________________________________ ( hereinafter called as the ‘ Agreement’ ) and the contractor having agreed to provide a performance guarantee for the faithful performance of the contract equivalent to 5% of the value of the contract i.e., for Rs. _____ [Rupees _____________only] to the Government.

2. We ______________ (indicate the name of the Bank: hereinafter referred to as ‘the Bank’)

at the request of ____________ [contractor (s)] do hereby undertake to pay to the Government an amount not exceeding Rs. ________ [in words Rupees_____________] against any loss or damage caused to or suffered or would be caused or suffered by the government by reason of any breach by the said contractor of any of the terms or conditions contained in the said agreement.

3. We undertake to keep this Performance Guarantee in force till satisfactory completion of the work and maintenance period is over. i.e., [Mention date _____ adding contract period + maintenance period]

We __________ (name of the Bank) do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of any breach by the said contractor (s) of any of the terms or conditions contained in the said agreement or by reason of the contractor(s) failure to perform the said contract. Any such demand made on the bank under this guarantee shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee is restricted to an amount not exceeding Rs. ______.

4. We undertake to pay to the Government any money so demanded notwithstanding any dispute

or disputes raised by the contractor(s)/ supplier(s) in any suit or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor (s) / supplier (s) shall have no claim against us for making such payment.

5. We __________ ( name of the Bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the contract and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till _________ ( Officer/Department) Ministry of ________ certified that the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the______ (date), we shall be discharged from our liability under this guarantee thereafter.

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Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

6. We _____________ ( Name of the Bank) further agree with the Government that the

Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the said contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance act or omission on the part of the Government or any indulgence by the Government to the said contractor(s) or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/ supplier(s). 7. We, _____ (name of the bank), lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing. Dated: The ____ day of _________ 09 For ________ (Bank) Witnesses: 1. 2.

1 2 3 4 Total

NS-1

0 0 0 57600 57600 7.00 1 Each Sleeper

403200.00

NS-2

30 30 30 0 90 100.00 1 Joint 9000.00

NS-3

3 3 3 0 9 6716.00 1 Each Set

60444.00

SOUTH CENTRAL RAILWAY

TENDER SCHEDULE

Name of work : SC-MUE Section : (1) Through Turnout Renewal of 1 in 8 1/2 points and crossings in C&W Work shop Lallaguda (2) Through Turnout Renewal of1 in 8 1/2 points and crossings in Diesel Loco Shed Moula-ali (3) Through Turnout Renewal of 1 in 8 1/2 points and crossings in EMU car shed Moula-ali.(4)Through Fitting Renewal (Rubber Pads only) for length of 37.4Kms between Secunderabad and Medchal stations

Schedule B1 (NS Items)

S No

Description of WorkQUANTITY

RATE UNIT AMOUNT

Through renewal of GR Pads on PSC Sleeper duly removing the ERCs withoutdamaging the pandrol clips removing the existing liners and cleaning the pandrolclip and eye of the inserts fully without any rust and dust and grease etc., andreplacing existing grooved rubber pads with new grooved rubber pads suppliedby railways, duly lifting the rail, re-driving either the same / new existing linersand pandrol clips after applying with railway grease to the inserts and pandrolclips to the standard duly applying railway paint on rail liner contact area aftercleaning with wire brush to an extent and as directed by the engineer in chargewith all contractor’s labour tools, plants, etc., complete with all lead and lifts.Note: 1 All Class-I material for replacement shall be arranged by railways. 2. Incase the condition of the liner/ ERC is found to be good, same releasedERC/Liner can be redriven other wise replaced with new ones.

Laying of the 52kg glued joints on PSC sleepers to correct gauge includingremoval of existing 52Kg rails after cutting the rail required length for insertingGlued joints, carting and stacking the released rail materials at nominatedlocations with an average lead of 50m as indicated by the engineer in chargewith out obstructions to running traffic and staff movement and fastening tosleepers with standard fastenings, linking the rail lengths with fish plates, boltsand nuts including cutting of rails for handling of glued joints from unloaded sitewith an average lead of 200m including crossing of track wherever necessarywith all contractor's labour, tools, machinery complete and as directed by theengineer in charge at site. Note: One set of glued joint means one number of 6.5m length.

Dismantling and removing of 1 in 8 1/2 Points and crossings (BG) sleepers andrails under line block in stipulated time (from stock rail joint to hell of crossing)laid on steel/ wooden/CST9/PSC sleepers and fastenings, carting and stackingthe released materials classification wise at nominated locations (with in yard)with average lead of 700m as indicated by engineer incharge and levelling /loering the disturbed tark as required after removal of points and crossings withcontractor's labour, tools, etc., including crossing of tracks wherever necessarywith all lead and lift and as directed by engineer in charge

NS-4

3 3 3 0 9 21525 1 Each Set

193725.00

NS 5

3 3 3 0 9 3553.00 1 Each Set

31977.00

NS 6

140 140 140 0 420 72.00 1 MT 30240.00

NS 7

200 200 200 400 1000 49.00 1 Each Cut

49000.00

Assembling of 52 kg/60 kg 1 in 8.5 fanshaped layout duly keepeing the sleepersat a nominated location duly levelling the ground, spreading the sleepers to therequired spacing, fixing switches, lead rails, Glued rial joints, CMS crossing onPSC sleepers with all fittings, hand operate the point after setting well in advanceas per the directions, and then laying the BG pre-assembled 1 in 8.5 points andcrossing assembly by manually or with railway machine under the line block within the stipulated max 3 hours time, complete set with all P.Way fittings to BGstandard by way of methods as elucidated in para 317(b) (i) and (ii) of IRPWM1986 and including providing one kutcha packing, levelling, gauging, aligningand jointing the ends as per P.way code of practice, profiling and boxing ofballast etc., complete so as to allow the trains at the restricted speed of 20 Kmphwith all contractors labour, tools, tackles, consumables etc., complete andincluding cutting of rails drilling of rails and chamfering of holes of rails forshorter lengths wherever necessary and rectification of defects, after rolling andmaintaining the track for 45 days after opening for traffic and including crossingof track wherever necessary with all lead and lift etc., complete and as perspecifications and as directed by the Engineer in charge at site and includinglevelling the ground to required extent for assembling of points and crossings.

Extra providing additional through packing for 1 in 8.5 Points & crossings (SRJ toheel of crossing) and consolidation by the way of picking up slacks, aligning,gauging, levelling, squaring of sleepers, surfacing, profilling and boxing of ballastto the standard section and maintaining the track as per the through packingschedule with contractor's labour, tools, tackles etc; with all lead and lift and asdirected by the Engineer-in- charge (Four packings).

Loading and leading of P.way materials such as rails, sleepers, fittings, switches,Xings etc. by means of dip lorry or rail dolley or by any other means which will besupplied free of cost by Railways, under traffic conditions including carrying ofmaterials from stacks with an average lead of 700m, loading on to dip lorry,leading to required site of work, unloading, placing at nominated locations withall contractor's labour, tools, plants etc., with all lead of approximately 1000mand with all lead and lifts including crossing of track wherever necessarycomplete and as directed by the engineer in charge.

Cutting of 90R/52/60KG rails with hacksaw blade true to square under trafficcondition/lying along side the track/at depot as directed by the Enginer-in-charge with all contractor's labour, tools consumables with all lead and lifthandling etc.,complete. NOTE:-1. Cutting of rails with blade and forcing to part by using other means to breakthe rails is prohibvited. Rails should be cut right through hacksaw blade.2. The rails should cut so as to obtain a minimum length of 12m. No rail shall becut for less than 12M length without the written permission of the concernedADEN.

NS 8

400 400 400 800 2000 25.00 1 Each Hole

50000.00

NS-9

0 0 0 37400 37400 9.20 1 TRM 344080.00

Drilling of fish bolt holes of 32mm dia in any section of rail as per therailways specifications at required centres to suit fish plates includingchamfering of holes as directed by the Engineer-in-charge with all lead andlift handling etc, complete with all contractor's labour, tools, tackles,

Destressing of LWR panel with/without use of rail tensor under traffic as per thedetailed procedure elucidated in LWR manual including loosening/ removingERCs (excluding seized ERCs) and MS liners on alternate sleepers before trafficblock cleaning MCI inserts, eye hole and central leg of ERCs and apply one coatof grease graphite, cleaning the MS liner and liner contact area with applyingone coat of Railways anti-corrosive paint removing the rail closures from track,adjusting the SEJs to its mean position and fastening down to PSC sleeperremoving all the balance sleepers to rail fastenings on both the rails lifting therails and placing on rollers striking the rails with contractors wooden mallets,removing the rollers and refixing the rails with sleepers within the specifiedtemperature and inserting closure rails within the specified range of temperatureso as to allow traffic at normal speed with all contractor's labour ,tools,consumables all lead and lift etc., complete and as directed by the Engineer incharge at site

SPECIAL CONDITIONS:-a) Contractor shall adhere to the provisions of Para 5.7 and Annexure-VII ofManual of instructions on LWR.b) Contractor should engage sufficient labour to execute all the preliminaryworks well in advance before taking up the traffic block and to execute the workwithin traffic block.c) Safety of track should be ensured and for any unusual occurrence contractoris responsible.d) Distressing operation should be done at distressing temperature range only.e) Track gauge shall be ensured by the Contractor / representative of thecontractor before passing the train.

NS 10

0 0 0 37400 37400 3.00 1 TRM 112200.00

NS 11

0 0 0 11000 11000 5.53 1 Per Clip

60830.00

1344696.00

1

CONTRACTOR Sr.DEN / Lines / HYB

Clearing of rail head ballast and exposing the ERC and sleeper top surfaceincluding profiling the removed ballast to the LWR profile at various stretcheswith all contractors labour, tools, plant et., complete and directed by engineer incharge at site.

f) The Contractor should ensure safety of the labour / representative at the workspot particularly on double line track and sufficient look out men should beengaged.g) Whenever distressing is planned with rail tensor, tensors along with operatorwill be supplied by the railway free of cost but necessary unskilled labour shouldbe supplied by the contractor. h) Wherever weld collars are obstructing the movement of rails at the time ofdistressing, necessary respacing of adjacent sleepers should be done by thecontractor.i) Wherever LC gates exists, check rails should be removed and proper cleaenceof ballast is to be done by the contractor for free movement of rails duringdistressing and refix the check rails and close the LC after distressing.

Removing the heavily rusted and seized ERC from MCI inserts of existing PSCsleepers (inside gauge face) without damaging the MCI inserts, pandrol clips,PSC sleepers by applying contractor’s rust removing solution in running trackunder the traffic and removing the pandrol clips after 3 to 4 hours of applicationof rust removing solution and cleaning the pandrol clip and eye of the insertsfully without any rust and dust and than greasing, resetting the slipped off rubberpads to its correct position on the PSC sleepers duly lifting the rails, re-drivingthe pandrol clips which are in good condition or new pandrol clip after applyingwith railway grease to the inserts and pandrol clips to the standard extent and asdirected by the Engineer-in-charge with all contractor’s labour, tools, plants,consumable etc., complete with all lead and lift.

Total

The tenderer should quote his percentage on total value of Schedule 'B1' as Plus(+) / At par / Minus(-) both in figures and words. If any discrepancy found in percentage quoted in figures and words, the rate quoted in words will only be considered for valuation

Rate has to be quoted by the Contractor in percentage in figures AT PAR / ABOVE / BELOW

Rate has to be quoted by the Contractor in percentage in words AT PAR / ABOVE / BELOW

1 2 3 4 Total

NS 1

20 20 20 0 60 219.00 1 MT 13140.00

NS 2

900 900 900 0 2700 13.00 1 MTKM 35100.00

NS 3

2250 2250 2250 0 6750 8.75 1 MTKM 59062.50

NS 4

4500 4500 4500 0 13500 5.60 1 MTKM 75600.00

AMOUNT

Schedule B2 (NS Items)

S No

Description of WorkQUANTITY

RATE UNIT

Transportation of released/new PWay materials like Points and crossing curvedswitches, rails, Sleeper sets, fittings, GRJs and crossings with fittings, etc fromstacks at site of work to MLY /Pway depot/ any station or any station to Workspot any other location including loading into contractor's vehicle leading,unloading, stacking neatly classification wise at nominated locations of stationand as directed by the engineer in charge with all contractor's labour, tools,vehicle consumables with all lead ands lift etc., complete and as directed byengineer in charge in cluding of crossing of track if necessary for a lead up to10Km

Transportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 11 Km to 50 Km

Transportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 51 Km to 100 KmTransportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 101 Km to 200 Km

NS 5

6250 6250 6250 0 18750 4.43 1 MTKM 83062.50

NS 6

7000 7000 7000 0 21000 3.69 1 MTKM 77490.00

NS 7

9000 9000 9000 0 27000 3.00 1 MTKM 81000.00

424455.00

1

CONTRACTOR Sr.DEN / Lines / HYB

Transportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 201 Km to 300 Km

Transportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 301 Km to 400 Km

Transportation of ClassI/II PWay materials like curved switch rails, PSCSleepers, fittings, GRJs and crossings with fittings, etc from stacks at MLY/Pway depot or any other available station to site of work including loading intocontractor's vehicle leading, unloading, stacking neatly classification wise atnominated locations of station and as directed by the engineer in charge with allcontractor's labour, tools, vehicle consumables with all lead ands lift etc.,complete and as directed by engineer in charge in cluding of crossing of track ifnecessary lead from 401 Km to 500 Km

Total

The tenderer should quote his percentage on total value of Schedule 'B2' as Plus(+) / At par / Minus(-) both in figures and words. If any discrepancy found in percentage quoted in figures and words, the rate quoted in words will only be considered for valuation

Rate has to be quoted by the Contractor in percentage in figures AT PAR / ABOVE / BELOW

Rate has to be quoted by the Contractor in percentage in words AT PAR / ABOVE / BELOW

1 2 3 4 Total

NS 1

0 0 0 4500 4500 5.17 1 MTKM 23265.00

0 0 0 7500 7500 3.88 1 MTKM 29100.00

0 0 0 10000 10000 3.32 1 MTKM 33200.00

85565.00

1

CONTRACTOR Sr.DEN / Lines / HYB

Schedule B3 (NS Items)

S No

Description of WorkQUANTITY

RATE UNIT AMOUNT

Transportation of class- I Pway Fititngs/ SEJs' and any other Pway material fromp.way depot MLY/ other depot / any other available location to the nomitedlocation of work spot including loading into contractor's vehicles, leading,unloading and stacking neatly classification wise at nominated locations asindicated by the Engineer-in -charge at site of work/ yard with all contractor'slabour, tools, vehicles, consumables with all lead and lift etc. complete asdirected by the Engineer-in- charge including crossing of track whervernecessary .

a) lead of 10 to 100 TKM

b) lead of 101 to 350 TKM

c) lead above 350 TKM

Total

The tenderer should quote his percentage on total value of Schedule 'B3' as Plus(+) / At par / Minus(-) both in figures and words. If any discrepancy found in percentage quoted in figures and words, the rate quoted in words will only be considered for valuation

Rate has to be quoted by the Contractor in percentage in figures AT PAR / ABOVE / BELOW

Rate has to be quoted by the Contractor in percentage in words AT PAR / ABOVE / BELOW

1

2

3

4

5

6

7

8

9

10

12

13

14

15

16

17

18

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General Conditions

In case Pway materials are to be picked up from the other side of the track, the SE/Pway representative should persist and safe guard to movement of trains. There should be no obstruction to the movement of trains while trucking of materilas.

The contractor shall not start any work without the presence of railway supervisor at site

Work should be done under traffic condition. Contractor should take care of his labour and material and any incedence occurred due to his negligence, he will be held responsible for the same, and The contractor should carry out the entire work within the allotted time block peroid.

The contractor is responsible for the safe passage of the trains. The contractor will allow all trains with the specific approval of supervisor at site in charge in the portion of track under repair. Any violation in this regard the contractor will be held responsible for all damages occurred out of negligence, manipulation by his staff.

Contractor should engage sufficient labour to execute all the preliminary works well in advance before taking up the traffic block.

Track gauge shall be ensured by the contractor/representative of the contractor before passing the train

Wherever the road vehicles and / or machinery are required to work in the close vicinity of railway line, the work shall be so carried out that there is no infringement to the railway's schedule of dimensions. For this purpose the area where road vehicles and / or machinery are required to ply, shall be demarcated and acknowledged by the contractor. Special care shall be taken for turning / reversal of road vehicles / machinery without infringing the running track. Barricading shall be provided wherever justified and feasible as site condition

If contractor damages any of Signaling & Telecom cables, a flat penalty of Rs 1.00 Lakh will be recovered from his bill

The quantities shown in the schedule is approximate and will be operated in full or part at the discretion of Engineer in charge.

The contractor shall have to account for all new materials issued to him and also released materilas and fittings and shall be responsible for the correct account of new materials issued to him and also released materials brought to the depot.

Cost will be recovered from the contractor bills towards loss/ damage/ shortage to the new or released materials

All released permanent way materials should be in class wise and neatly stacked within railway boundary at Pway stock yard as directed by the engineer in charge at contractor's own cost.

The inventory of the existing track components to be jointly recorded before taking up the work and released materials/left over materials to be stacked/handed over item wise/class wise at the nominated location

Post inventory of the laid track components to be jointly recorded and if any deficiency is noticed it should be made good at contractors cost an completion of the entire work

The excavated soil, demolished materials, etc., should be disposed far away as directed by Engineer-in-charge at contractor's own arrangements.

No claim will be admissible towards loss of time, wastage of labour employed, etc., that may be incurred by the contractor due to movement of trains. The rate quoted should cover all such contingencies

Vehicles and equipment of contractors can be drafted by railway administration in case of accidents/ natural calamities involving human lives

Wherever weld collars are obstructing the movement of rails at the time of distressing, necessary respacing of adjacent sleepers and packing of such sleepers should be done by the contractor. Wherever LC gates exists, check rails should be removed and proper clearance of ballast is to be done by the contractor for free movement of rails during distressing and re-fix the check rails and close the LC after distressing

The weight of pway material will be arrived at by making sample weighment and for calculation at MTKM the actual weight or standard weight whichever is less will be considered.

The length of lead for arriving MTKM shall be reckoned along with the existing main line track, average kms of the stretch where materials exists to the centre line of the destination station/ place in shortest possible route irrespective actual paths adopted by the contractor.

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CONTRACTOR Sr.DEN / Lines / HYB

The contractor has to bring all materials required for track work such as hammers, crow bars, beater rail tounges, shovels, pick axes as well as old tools, required to the standard of what is used in railway quality and quantity for the work at his own cost.

Contractor should supply standard Pway inspection kit manufactured by reputed firm consisting of various items as prescribed by site engineer and this will be used for checking of parameters and quality during execution of work and finally this is to be handed over to the railways on completion of work.

Page No.50 of 58

Signature of the tenderer Tender No.67/DRM/Works/HYB /OT dated 25.02.2016

ANNEXURE - II

TENDER HALL ENTRY PASS

1. Pass No. ________________________ 2. Tender Notice No and Date: ________________________

3 Name of work

4. Due date and Time of Opening:

5. Name of Authorized Representative: 6. Signature : _______________

Attested: __________________

7. Name of Tenderer 8. Signature:_________________

9. Pass Issuing Authority: Signature:_______________ Name

Designation:

Office of DRM/

INSTRUCTIONS TO TENDERER(S)

2. On producing this pass at the entrance of the Tender Hall premises, the tenderer or his Authorised Representative will be permitted to enter the premises.

3. In case the tenderer himself is not attending for submitting the tender schedule, he shall fill in the name of the Representative authorized by him at Sl.No.5. The Representative will sign against sl.No.6

4. At the entrance this pass shall be surrendered and in lieu a green entry permit will be issued by RPF duly taking signatures of the Tenderer or his authorized Representative with this authorization, the tenderer or his Representative will be permitted to remain within the premises of the Tender Hall till the tenders are opened and read out.

This tender document is down loaded from web site and hence does not bear the signature of tender issuing official.

at 11.30hrs