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Tendering Authority

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Issued to M/s.________________________________________________________, of _________________________________________ _____________________________________on deposit of cost etc. of Rs.________ Vide C.R. No.______________ dt. / / 20 .

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INDIAN RAILWAYS(STORES DEPARTMENT) CHITTARANJAN LOCOMOTIVE WORKS

CHITTARANJAN, DIST: BURDWAN---------------------

INSTRUCTION TO THE TENDERERTender No. RB/Transport/20 Tendering Authority

SMM/RB/CLW/CRJTender Opening: 17.02.2014

Approx. Value: 89,25,000/- Earnest Money: Rs.1,78,500/- Tender form cost: Rs.5,000/-Quantity : As mentioned in the Special condition of the tender

Duration of Contract: : 18 months Tender Document available upto: 17.02.2014 (12.00 hrs.)

1. Name of work : Transportation of Loco Shell for 15(Fifteen) Nos. of 3 Phase Loco to Dahod Western Rly. 2. The tender document consists of the following pages, every page of which shall be signed & dated by the tenderer and all of which

shall be submitted together to form one tender, duly supported by any other documents as may be specified herein.a) Instructions to Tenderer.b) Tender Form (TENDER)c) Conditions of Tenderd) Arbitration.e) Special conditions of Contract

3. The tender documents are not transferable.4. The rates shall be quoted both in figures and words, which shall form the basis of payment for the Work and, in case of any

discrepancy, the decision of the accepting authority shall be final.5. The tender documents shall be placed in a sealed cover and superscribed before submission the (i) Tender No. (ii) Name of work

(iii) Name of Officer in whose favour the tender is submitted.6. The tender shall be dropped in Office of Tendering Authority i.e. Sr. Materials Manager (RB), Stores Department/ Chittaranjan

Locomotive Works, Chittaranjan, Dist: Burdwan (WB), PIN – 713331”.7. The tender duly sealed and superscribed shall be dropped in tender box upto 14:30 hrs. on Tender opening date only in the office

of Tendering Authority. The Tenderer may also send their tenders by Registered Post to the address as mentioned in Para-6 so as to reach the concerned office not later then 14.30 Hrs on Tender opening date in office of Tendering Authority. The tender box shall be closed at 14:30 hrs. on Tender opening date. The same shall be opened 15-00hrs. on the same day. In case of closure on the date of opening due to unforeseen reason, the same shall be opened on the next working day at 15-00 hrs. Tender received after closing of the Tender Box shall not be considered.

8. Earnest Money shall be deposited along with the Tender for an amount as specified hereinabove; otherwise the tender is liable to be rejected summarily.

Signature of the tenderer/contractor (s)

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SMM/RB/CLW/CRJ

http://www.clw.indian/

9. The subject work is to be completed in all respects within the stipulated time shall a tenderer find any discrepancy or omission in the relevant documents, or shall be in doubt as to their meaning, he shall, at once notify the same to the authority inviting tender, who may send written instruction to all the tenderers. It shall be understood that every endeavour has been made to avoid any error, which may materially affect the basis of tender. The successful tenderer shall take upon him and provide for the risk or any error, which may subsequently be discovered and shall make “NO CLAIM” on account thereof.

10. The rate quoted for the job shall be strictly as per the provision made in the schedule. Splitting up of the job and quoting of rates therefore may result the Tender being cancelled.

11. Tender documents can be purchased from office of Tendering Authority on any working day from 11.00 hrs. to 16.00 hrs. (Saturday : 10-00 hrs. to 11.00 hrs.) upto one working day before Tender opening date.

Details of Earnest Money Deposited

D.D No……………………………. Date …………………………………………….. for Rs. ………………………………………

Name of Bank………………………………………………………………………………………………………………………..............

In favour of FA&CAO/CLW/Chittaranjan.


TENDER FORMTENDER

ToThe President of India

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Acting through SMM/RBStores Department. /Chittaranjan Locomotive Works,Chittaranjan, Dist : Burdwan,PIN : 713331.

1. I/We_________________________________________________________________have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this offer open for acceptance for a period of 120(one hundred twenty) days from the date fixed for opening of the tender and in default thereof I/We will be liable for forfeiture of my/our “Earnest Money/Security Deposit'. I/We offer to do the works of “ Transportation of Loco Shell for 15 (fifteen) Nos of 3phase Loco to Dahod / W. Rly. ” , at the rate quoted in the attached schedule/offer and hereby bind myself/ourselves to complete the works within a period of ______________ days/months /year, from the date of issue of the letter communicating the acceptance of our tender. I/We also hereby agree to abide by the General Condition of Contract/Special Condition of Contract /Additional conditions of contract if any and to carry out the works according to the provision of the work as laid down by the Railways for the present contract.

2. I/We (in case of tender being accepted) shall be required to appear at the office of the Sr. Materials Manager (RB), Stores Department, CLW/Chittaranjan, in person or, if a firm or corporation, a duly authorized representative shall appear and execute the Contract Agreement within seven or after notice that the contract has been awarded to him or as may called for, by the Railway. Failure to do so shall constitute a breach of agreement effected by the acceptance of the tender in which case the full amount of Earnest money accompanying the tender shall stand forfeited without prejudice to any rights or remedies.

3. *I/We attached herewith Cash Receipt /Demand Draft/Banker’s Cheque/Deposit Receipt No._______________, Dated for Rs._____________/- as the deposit of earnest money.

Dated : __/__/__To be filled by tenderer :

Name of the contractor : ___________________________________

Address : _____________________________________________________________________________

_____________________________________________________________Pin : _____________

Banker’s Name & Branch ___________________________________

Bank Account No.__________________________________________Signature of the tenderer/contractor(s)

Signatures of the witnesses to the signature of tenderer (s):

1. _____________________________ Name: ____________________________________

Address: ___________________________________

___________________________________________

2. _____________________________ Name: ________________________________________

Address : ______________________________________

___________________________________________


INDIAN RAILWAYSCHITTARANJAN LOCOMOTIVE WORKS

CHITTARANJAN, DISTT. BURDWANCONDITIONS OF TENDER

1. Composition of Tender Documents : The Tender is composed of the documents as mentioned in the “INSTRUCTION TO TENDERERS”.

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2. Manner of submission of the Tender : a) The full set of Tender documents, duly filled in, signed and dated by the Tenderer, must be submitted together in a sealed

cover with superscription clearly on the cover ( i ) name of the work / supply, ( ii ) Tender no., and ( iii ) address of the official in whose name the Tender is submitted.

b) The Tender may either be submitted in the sealed “ Tender Box “ specially allotted for the purpose and placed in the office as stated earlier or be sent by registered post so as to reach this office not later than the date and time fixed for receiving the same. Tender submitted in a manner other than that specified above shall be at the sole risk of the Tenderer.

2. Tender Form : Instructions for filling up :a) The Tenderer must carefully and completely fill up the Tender documents and shall not leave any blank space.b) The Tenderer shall sign on every page of the Tender documents and submit the documents complete in all respects.c) Tenders containing over-writing, erased rate and rate not shown in words are liable to rejection. In case of discrepancies, in rates

shown in figures and in words in the Tender submitted the decision of the accepting authority to consider the Tender or otherwise shall be final and binding on the Tenderer.

d) No scribbling is permissible in the Tender documents and no special conditions are to be stipulated by the Tenderer. If the Tenderer wants to stipulate anything of importance, he may do so in a separate covering letter with the Tender. Such stipulations and conditions shall be deemed to be a part of the Tender and communicated to the successful Tenderer. The Railway reserves the right not to accept any such special stipulations and conditions made by the Tenderers and may ask the Tenderers to withdraw any or all such stipulations and conditions before awarding the contract. In the event of refusal by the Tenderer to do so, the Tender is liable to be cancelled.

e) The Tenderer must satisfy himself thoroughly about the site and nature of the work and the local conditions before submitting his Tender.

3. Earnest Money :a) Deposit of Earnest Money may be made either in cash or in any of the form of Demand Draft / STDR / Bankers Cheque

drawn in favour of “FA & CAO, CLW, CHITTARANJAN” payable at SBI/Chittaranjan. Earnest Money in the form of Guarantee Bonds shall not be accepted. In case the tenderer withdraws his offer within the date of his offer or fails to undertake the contract after acceptance of his Tender, the full earnest money shall be forfeited. Tender submitted without the deposit of Earnest Money or with less deposit of Earnest Money than specified shall be summarily rejected.

Value of the work (Tender Value) EMDFor works estimated to cost up to Rs.1 crore 2 % of the estimated cost of the workFor works estimated to cost more than Rs.1Crore.

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.

b) Deposit of Earnest Money in cash shall be made to the Assistant Chief Cashier, CLW at Chittaranjan, but before making the deposit, an authority slip shall be obtained from the office of SMM (RB)/ Stores Department/CLW Chittaranjan. It shall be clearly noted that without the authority slips, the deposit of Earnest Money in cash shall not be accepted by the Assistant Chief Cashier.

c) Full amount of Earnest Money as notified in the Tender shall constitute the initial security deposit to keep the offer valid for the period specified in the Tender. It shall be understood that the Tender documents have been issued to the Tenderer and the Tenderer has been permitted to Tender for the supply / works in consideration of the stipulations, on his part that after submitting his Tender, he shall not rescind from his offer or modify the Tenders and conditions thereof in the Tender and not acceptable to the Railway. If the Tenderer fails to observe or comply with the foregoing stipulations, the amount of Security Deposit including Earnest Money shall be forfeited.


4. Adjustment of Earnest Money and Security Deposit against the present Tender : No reference to the previous deposit of the Earnest money and Security Deposit for adjustment against the present Tender shall be accepted. No request for recovery of the Earnest Money for the present Tender from any outstanding bill shall be entertained

5. Security Deposit & Retention of Earnest Money as part of the Security Deposit : Total Security Deposit of each works shall be 5% of the contract value. The Earnest Money of the successful Tenderer shall be retained by the Railway as a part of the Security Deposit against the contract. Unless otherwise specified in the ‘Special conditions of contract’, a deduction at the rate of 10 percent shall be recovered only from the running bills of the contractor till it constitutes total Security Deposit.

3. The following documents shall be specified for submission along with Tender.

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a) List of Personnel, Organisation available on hand and proposed to be engaged for the subject work.b) List of Vehicles available on hand (own) and proposed to be inducted (own and hired to be given

separately) for the subject work.c) List of Works completed in the last three financial years giving description of work, organization for

whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date of actual start, actual completion and final value of contract shall also be given.

d) List of works on hand indicating description of work, contract value, approximate value of balance work yet to be done and date of award.

Note: In case of items (c) and (d) above, supportive documents/certificates from the Organizations with whom they worked/are working shall be enclosed. Certificates from private individuals for whom such works are executed/being executed shall not be accepted.

4. Rejection of Tender in case of furnishing wrong information : If the Tenderer deliberately gives wrong information in his Tender or creates circumstances for acceptance of his Tender, the Railway reserves the right to reject such Tender at any stage

9. Cancellation of Tender in case of death of the Tenderer : If a Tenderer expires after submission of his Tender or after acceptance of his Tender, the Railway shall deem such Tender cancelled. If a partner of the firm expires after submission of their Tender or after acceptance of basic Tender, the Railway shall deem such Tender as cancelled unless the firm retains its character

10. Rates : The rates quoted by the tenderer and accepted by the Railway shall hold till the completion of work / supply and shall not be subject to fluctuations. No claim on this account shall be entertained afterwards.

11. Transfer of Tender documents, sold / issued: Tender documents, sold / issued are not transferable12. Attestation of the corrections made in the Tender documents: : Any correction made by Tenderer in his entries must be

attested by him failing which the Tender shall be liable to rejection.13. Quantities of work: The quantities of work / supplies given in the special conditions of contract are approximate and have been

given as guidance. The quantities are subject to variations as per the need of the Railways. The Railways accept no responsibility or guarantee for their accuracy. No claim on his part for variation of quantity shall be entertained by the Railways.

14. Authority of the person signing the Tender documents:The Tenderer shall produce following documents showing the authority of the person who has signed the Tender documents.

i) In the case of Proprietary firm

Either the original or an authority copy of the duly sworn affidavit declaring that he is the sole proprietor of the firm.

ii) In the case of Partnership firm

Either the original or an authorised copy of the partnership deed together with power of attorney, if any. The partnership deed must be registered with the Registrar of the Firms.

iii) In the case of private Company limited by shares

Copy of the memorandum and articles of association showing names of directors of the company who are authorised to sign on behalf of company together with power of attorney, further, if any.


15. Employment of the Railway Gazetted Officer by the Tenderer, notification thereof: Shall a Tenderer be a retired engineer of the Gazetted rank or any other officer working before his retirement, whether in executive or administrative capacity or whether holding a pensionable post or not, in any of the Railways, owned and administered by the President of India for the time being, or shall a tenderer being a partnership firm have one of his partners a retired engineer or a retired Gazetted officer as aforesaid, or shall the Tenderer being an incorporated company have any such retired engineer or retired gazetted officer as one of its directors, or shall a Tenderer have in his employment any 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 prior to the date of 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 contractor, has been obtained by the Tenderer or the engineer or the officer as the case may be from the President of India or from any officer duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting of tenders. Tenders without the 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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16. Tenderer’s relative, declaration thereof: Shall a Tenderer or a contractor on the list of the approved contractors have a relative or relatives or in the case of a firm or company of contractors, one or more of its share-holders or a relative or relatives of the share-holders employed in gazetted capacity of the Chittaranjan Locomotive Works, the authority inviting the Tenders shall be informed of the fact at the time of submission of the tender, failing which the tender may be disqualified or if such fact subsequently comes to the light, the contract may be rescinded in accordance with the provisions of the General conditions of Contract.

17. The contractor shall comply with the provision of the “ Contract Labour (Regulation & Abolition) Act.,1970 & Contract Labour (Regulation & Abolition) General Rules, 1971” as modified time to time, wherever applicable and shall also indemnify the Railway for & against any claims under the aforesaid Acts. and Rules. The contractor shall obtain necessary license under the above Act. and Rules, where necessary.

18. Meaning & intent of terms used : The terms “Railway(s) or Administration” wherever appearing in this document is deemed to mean and include “Chittaranjan Locomotive Works”. The terms “Tenderer” or “Contractor or firm” wherever used in this documents is deemed to mean “the person or the firm or the company” who has participated in the tender or whom the order has been placed. The term “CLW” stands for Chittaranjan Locomotive Works. The term ‘Engineer’ wherever appeared in this document is deemed to mean the Officers of CLW. Further, EMD stands for Earnest Money Deposit, SD stands for Security Deposit, and PG stands for Performance Guarantee.

19. Performance Guarantee :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 up to 60 (sixty) days from the date of issue (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 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 (sixty) days from the date of issue (LOA) the contract shall be terminated duly forfeiting EMD and other dues if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.

b) The successful bidder shall submit a ‘Performance Guarantee’ (PG) in any of the following forms, amounting 5% of the contract value.

(i) A deposit of cash, (ii) Irrevocable Bank Guarantee, (iii) Government Securities including State Loan Bonds at 5% below the market value, (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance guarantee could be either of the State Bank of India or of any of the Nationalized Banks, (v) Guarantee Bonds executed or Deposit Receipts tendered by all Scheduled Bank; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National Savings Certificates; (viii) 12 years National Defence Certificate; (ix) Ten years Defence Deposit (x) National Defence Bonds; (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also FDR in favour of FA&CAO/CLW (free from any encumbrance) may be accepted.

Note: The instruments as listed above will also be acceptable for guarantee 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 to the contract agreement. This (P.G.) shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

d) The value P.G. to be submitted by the contractor will not change for variation up to 25% (either increase or decrease ).In case during the course of execution value of contract increase by more than 25 % of the original contract value , and additional Performance Guarantee amounting to 5% (five per cent) for the excess value over the original contract value shall be deposited by the contractor.

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

f) Wherever the contract is rescinded, the security deposited shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender of executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work in his/her individual capacity or as a partner or any other JV/partnership firm.

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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 (notwithstanding 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.

20. Indemnity : The Contractor shall indemnify and save harmless the Railway from & against all actions, suits, proceedings, losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the Railway by reason of any act or omission of the contractor, his agents or employees in the execution of works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of Railway without reference to the actual loss or damage sustained, and whether or not any damage shall have been sustained.

21. Insurance against Railway property: Transport should get the material insured which has been offered by Railway for transportation by nationalised Insurance Company before lifting the material and cost of insurance shall have to be done by the transporters.

22. The Railways shall be entitled to appropriate towards the payment due to him by the contractor in respect of any unfulfilled contract whatsoever from any payment due to the contractor or from security deposit or both lying with the Railway or any other Indian Railway or other Central Government or State Government.

23. Time to be of the essence of the Contract – Liquidated Damage(LD) – The time i.e. 15 days for completing the works by the date or extended date fixed for completion shall be deemed to be of the essence of the contract and if the contractor shall fail to complete the works within the time prescribed, the Railway shall, if satisfied that the works can be completed by the Contractor within a reasonably short time thereafter be entitled, without prejudice to any other right or remedy available on that behalf, to recover by way of ascertained and liquidated damages a sum equivalent to one half of one percent of the contract value of the supply / works for each week or part of week, the Contractor is in default and allow the Contractor such further extension of time as the Railway may decide. However, total LD shall be subject to maximum 10% of the contract value. If the Railway is not satisfied that the works can be completed by the Contractor and in the event of failure on the part of the Contractor to complete the works within the further extension of time allowed as aforesaid the Railway shall be entitled, without prejudice to any other right or remedy available in that behalf, to appropriate the Contractor’s security deposit and rescind the contract under the provision of ‘General Condition of Contract’, whether or not actual damage is caused by such default.


Provided, however, that if the delay shall have arisen from any cause which the competent authority of the Railways may admit as reasonable ground for further time, the competent authority of the Railways may in this discretion allow such additional time as he may consider to have been required by the circumstances of the case.

24. Force Majeure: Force majeure clauses as laid down in the GCC of the Railways as amended up-to-date shall be applicable.25. Power of modifications to contract : The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or

extend, diminish or reduce the works or make any alterations in their design, character, position, site, quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution thereof and to order any additional works to be done or not be done and save as provided in relevant sub-clause of this clause under G.C.C., the Contractor shall not be entitled to any compensation for any reductions but shall be paid only for the actual amount of work done and for approved materials furnished against an specific order.

26. Acceptance of Tender : The authority for acceptance of the Tender rests with the General Manager / Controller of Stores / CMM/CRJ / CMM / M / Dy. CMM/ D as the case may be, of the Chittaranjan Locomotive Works, Chittaranjan, who reserves the right to divide the Tender amongst more than one Tenderer, if necessary and does not bind himself to accept the lowest or any Tender, or to assign any reason for non-acceptance or rejection of any tender. The Railways reserve the right to cancel or to accept any tender in respect of the whole or any portion of supply/works specified in the Tender document or to subdivide the quantum of supply/works among different tenderers or to reduce the quantum of supply/works or to accept less quantity of supply/works than that has been specified in the tender without assigning any reason whatsoever. The Railways reserve the right to reduce the time of completion of the work suitably in the event of the same being divided amongst more than one tenderer depending upon the extent of work involved.

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27. Negotiation of Rates and Conditions with Tenderers: The Railways reserve its right to enter into negotiations of rates, conditions, etc., with the Tenderer or Tenderers if considered necessary by the Railways for greater interest of the work and such actions of Railways cannot be challenged by the Tenderer or Tenderers.

28. Issue of letters by Railways communicating acceptance to Tender : The acceptance of the Tender shall generally be communicated by a Registered Post if delivery of the same through the Railway Peon-book locally, for any reason, may not be possible. The communication of the acceptance of the Tender shall remain operative till the formal agreement is executed and signed by the Contractor and the authority of the Railways empowered to do so. On execution of the formal agreement, the letter issued communicating acceptance of the Tender shall get merged into the agreement

29. Execution of Contract Agreement : The successful Tenderer shall have to execute an agreement for the work / supply with the President of India acting through the General Manager / Controller of Stores / CMM/CRJ / CMM / M / Dy. CMM/ D/ SMM/ RB or any other Officer of CLW, as the case may be, of the Chittaranjan Locomotive Works, Chittaranjan, for carrying out the work / supply according to the terms, conditions and specifications, provided and / or agreed to for the present contract

30. Rescinding of contract- Risk & Cost Clause30.1 Determination of contract owing to default of contractor – 30.1.1 If the Contractor should ………

(i) Becomes bankrupt or insolvent, or(ii) Make an arrangement with of assignment in favour of his creditors, or agree to carry out the contract under a Committee of

Inspection of his creditors, or (iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or

reconstruction), or(iv) Have an execution levied on his goods or property on the works, or(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these conditions or(vi) Abandon the contract, or(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or(ix) Fail to remove materials from the site or to pull down and replace work after receiving from the Engineer notice to the effect that

the said materials or works have been condemned or rejected under Clause 25 and 27 of these conditions.


(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the conditions, or(xi) Fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or any part thereof as required

under Clause (28) of the conditions, or(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any

officer or employee of the Railway or to any person on his or on their behalf in relation to the execution of this or any other contract with this Railway,

(xiii) (A) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired engineer of the gazatted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Engineering Department of the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or

(B) Fail to give at the time of submitting the said tender:-(a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service, or as to

whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the said tender, or

(b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or(c) Being a partnership firm, the correct information as to, whether any of its partners was such a retired engineer or a retired

officer, or

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(d) Being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired officer, or

(e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor, and after expiry of 48 hours notice, a final termination notice (Performa as Annexure v) should be issued. Then and in any of the said clause, the Engineer on behalf of the Railway may serve the Contractor with a notice (Performa at Annexure III) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice (Proforma at Annexure IV) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice).

30.1.2 Right of Railway after rescission of contract owing to default of Contractor – In the event of any or several of the courses, referred to in sub-clause (30.1.1) of this clause, being adopted :-(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or

procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified,

(b) The Engineer or the Engineer’s Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or out to have been executed, and to retain and employ the same in the further execution of the works of any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof,

(c) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determined ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount(if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused, or partially used materials, any


constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously.

31. The whole Tender/Contract shall be governed under General Conditions of Contract (G.C.C.) of the Railways.

DeclarationI / we have gone through all the stipulations of all above mentioned Paras of the conditions of Tender and I/we understand that the same are fully binding on me / us for the purpose of the present Tender / contract.

1.0 ARBITRATION1.1 Arbitration matter finally determined by the Railways. All disputes or differences of any kind whatsoever arising out of or in

connection with contract, whether during the progress of work or after their completion and whether before or after the determination of the contract, shall be referred by the contractor to the Railway and Railway shall within a reasonable time after their presentation can notify decisions therein in writing what such matters which are contained in G.C.C.8A, 18,22(5), 39,43(2), 45(A),55, 55(A)(5), 57, 57A, 61(1), 61(2) and 62(1) or any matters decision of which is specially provided for by these conditions will be treated as exceptional matters and the decision made by the Railway authorities shall be final and binding upon the contractors.

1.2 Demand for Arbitration. If any or any matter in question, dispute or differences on any account or as to the withholding by the Railway for his entitlement, if the Railway fails to make a decision within 120 days, then in any such case but except in any of the exceptional cases referred to in clause 63, the contractor may after 120 days of submission of his disputed claim can ask in writing within 180 days to the effect that this dispute may be referred to arbitration.

1.3 Subjects in Arbitration demand will contain matter in question, dispute of difference and also the Amount claimed. Only specified matter may be referred to Arbitration not the others.

1.4 Arbitration proceeding will be effected from such date by which written and legal demand has been received by the Railways.1.5 The claimant will submit his claim with supporting documents and also state the remedy for each claim within 30 days from the

date of appointment of Arbitrator.

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1.6 Until the Tribunal permit the extension of the time the Railway will submit its defence statement and counter claims within 60 days from the date of receipt of the copy from Tribunal.

1.7 During proceeding no new claims will be added from either of the parties. However, with the permission of Tribunal modification or supplement can be added.

1.8 If contractors fails to respond in writing after receiving the information with effect that final bill is ready for payment within 90 days then it will be presumed that he/they have waived their claim and under this contract the Railway will be free from all liabilities with regard to these claims.

1.9 Obligation during pendency of Arbitration: During proceeding of Arbitration the work under contract will continue until the order is given from Engineer and no payment will be withheld by Railway for any dues payable but

Arbitration Tribunal will be right to consider and give decision whether to continue the work during Arbitration proceeding or not.

1.10 In such case full amount of claim in question does not exceed 10, 00000 (Ten lakhs) only one Arbitrator will be appointed who will be either General Manager or Gazetted officer nominated by General Manager, but not less than the rank of Junior Administrative Grade will be appointed within 60 days from the date of receipt of written valid demand for arbitration by the Railways.

1.11 The cases which are not covered under clause 64(3) A for Arbitration there will be a panel of 3 Gazetted officer and will be not below the rank of Junior Administrative grade. For this purpose Railway will send name of three Gazetted officers from one or more department to the contractor to suggest any two name from the panel to be appointed. The General Manager will appoint at least one as contractor’s nominee. Thus appointed out of three Arbitrators with consent of presiding Arbitrator and rest Arbitrators will be appointed from the above panel or out of the panel. At the time of indicating the names of Arbitrators it is essential to ensure that at least one Arbitrator should be from Accounts Department. For the purpose of appointing Arbitrators, officers from Accounts Department selection grade will be treated as equivalent to Senior Administrative grade of other department.


1.12 As per above, if one or more Arbitrator appointed refuses to act as arbitrator or withdraws his office as arbitrator or vacates the posts or for any other reasons unable to perform his duty or dies or does not work within stipulated time or delays then General Manager can appoint new arbitrators in place of him/them with same procedure as followed earlier. Thus newly reconstituted tribunal can work with its own conscious in the same manner as earlier tribunal worked and begin the work from the stage from where it was left by the earlier tribunal.

1.13 The Arbitration Tribunal will have the power to ask for any affidavit or other evidence of as deemed necessary by the Tribunal from the parties and it will the duty of the party to discuss or to make discussions, which will enable arbitrators to take decision for award.

1.14 Under above sub-clause (i), (ii) and (iii) at the time of appointing arbitrator, it will be kept in mind that appointee will be not from them who has an opportunity to dispose the case concerned to the questioned contract are who as a Railway employee in course of discharging his duties have expressed his views on any disputes, proceeding taken by Arbitration Tribunal or award made by such Tribunal will not be invalid on the ground that one or more Arbitrator have express his/their views for disposal of any dispute in course of discharging his/their duties.

1.15 The Arbitration award will consist of Item, Amount and reasons on which it is based.1.16 To rectify the errors in the parties award, any error calculation, typing, clerical mistakes or errors of similar nature and to clarify

any point of the award, it is to be applied within 30 days from the receipt of the award.1.17 Any party with regards to claim presented in Arbitration proceedings but omitted in Arbitration award can apply to the tribunal for

additional award.1.18 In case of such tribunal, which is constituted by three members, any roles or award will be given on the basis of majorities of the

tribunal members. In case of lack of such majority opinion of presiding arbitrator will be effective.1.19 Where the arbitration awards for payment of any amount the interest on full or partly amount will not be payable for any amount

award in arbitration.1.20 The cost of arbitrator will be borne by the concerned parties. The cost includes inter alia fee to the arbitrators in prescribed rates

as decided by Railway Administration time to time.1.21 The above terms and conditions are made under the arbitration and conciliation ordinance 1996 and will be effective to all

arbitration proceedings.

Declaration of the tenderer/contractor:

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I/We have gone through all the stipulations/conditions of tender/contract and I/we hereby declare that the same are wholly binding on me/us for the purpose of present tender/contract.


SPECIAL CONDITIONS OF CONTRACTA. Name of Work: “Transportation of Loco Shell to Dahod / Western Rly. from CLW /Chittaranjan”.B. Important features of the tender

1. Scope of Work Transportation of Loco Shell for 15 (fifteen) Nos. of 3Phase Loco to Dahod/ W. Rly. From CLW/Chittaranjan.

2.Transport required for the contract for Road transport

Trailer Place Material to be transported

1. 66 Feet long low bed (3 feet height from ground Level) Trailer for transportation of loco Shell.

Dahod Loco Shell(approx. weight = 48 MT )

3.

Distance range wise maximum time allowed for making the deliveries to the consignees

Distance Time allowed (days)

Dahod 15 days

4. Period of contract Eighteen(18) Months

5. Rates To be quoted by the transporter at the space provided in the tender document.

6. No. of trips 15 (fifteen) trips of 66 Feet long low bed (3 feet height from ground Level) trailer.

7. Approx Value of work Rs. 89, 25,000/- (Rupees eighty nine lakh twenty five thousand) only.

8. Earnest money Rupees One lakh seventy eight thousand five hundred (Rs.1,78,500/-) only.

9. Security Deposit Total Security Deposit of each works shall be 5% of the contract value. The Earnest Money of the successful Tenderer shall be retained by the Railway as a part of the Security

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Deposit against the contract. Unless otherwise specified in the ‘Special conditions of contract’, a deduction at the rate of 10 percent shall be recovered from the running bills of the contractor till it constitutes total Security Deposit. Security deposit will be released after successful physical completion of work.

10. Performance Guarantee

5% of the contract value in the form of any of the following forms to be submitted within 30 days from the date of issue of letter of acceptance (LOA), (i) A deposit of Cash, (ii) Irrevocable Bank Guarantee, (iii) Government Securities including State Loan Bonds at 5% below the market value, (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds in the forms of Performance guarantee could be either of the State Bank of India or of any of the Nationalized Banks, (v) Guarantee Bonds executed or Deposit Receipts tendered by all Scheduled Bank; (vi) A Deposit in the Post Office Saving Bank; (vii) A Deposit in the National Savings Certificates; (viii) 12 years National Defence Certificate; (ix) Ten years Defence Deposit (x) National Defence Bonds and (xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also FDR in favour of FA&CAO/CLW (free from any encumbrance) may be accepted. Please refer P.G. clause in sl. No. 19 of condition of tender.

11. Validity of Offer 120 days from the date of opening.

12. Allocation Allocation No. 02/129/72


C. Other terms & conditions:1. All the conditions laid down below shall be applicable in the contract and these conditions shall be in addition to the

Railways General Conditions of Contract corrected up to date. 2. Any specification or condition stated by the tenderer in the offer shall be deemed to be part of contract only to such extent

as has been accepted explicitly by the Railways.3. The Railway reserves the right to cancel or to accept any tender in respect of the whole or any portion of supply/ works

specified in the Tender document or to subdivide the quantum of supply/ works among different tenders or to reduce the quantum of supply/works or to accept less quantity of supply/ works than that has been specified in the tender without assigning any reason whatsoever. The Railway reserves the right to reduce the time of completion of the work suitability in the event of the same being divided amongst more than one tenderer depending upon the extent of work involved.

4. The tender is for transportation of Loco shell / Railway materials from DY.C.M.E/ELF/CLW/Chittaranjan or from any other places at CLW/Chittaranjan, as advised at the time of placing the demand for the transport, to different zonal Railways and production Units.

5. The contractor shall submit distance chart as per Road Atlas or any authentic standard distance charts available in the market.

6. Ordering for placement of vehicle(s) shall be done at least 24 hrs in advance of requirements by the competent authority of Stores Department./CLW/ Chittaranjan. The ordering shall be in form of letter, fax or e-mail, however, in emergent & odd hours ordering through SMS may also be done and the contractor shall be responsible to provide transport at the specified place & time as ordered. Contractor will provide Name & Address of its authorised representative(s), its Fax No., E-mail address & Mobile Nos. exclusively to whom ordering will be communicated.

7. Normally the transport shall not be required on the Sundays and Holidays. However if the need arises the Railway Administration shall be at liberty to order transport on Sundays and Holidays at the same terms conditions and charges. Holidays for the purpose of the contract shall mean the Days on which the Stores Dept./CLW/Chittaranjan or the office of the consignee is closed.

8. The contractor shall be required to make the vehicle(s) along with driver/attendant / labour available on or before 09:00 hrs. on the date and place(s) as advised by the Railway authority while ordering for placement of the vehicle. Normally when the vehicle(s) is placed within specified time, the loading or unloading will be completed on the same day, otherwise within 24 hours of the reporting time. One day shall mean one working day from 09-00 hrs to 18-00 hrs.

9. In case of contractor not being present at the time of collection of materials, an authority letter in favour of the driver or his representative attesting the signature of the representative thereof and clearly mentioning the transport Registration number provided for the consignment should be issued each time without which the Railway materials will not be allowed to be loaded for transportation and which will be regarded as non-reporting of transport and penalty will be imposed as per penalty clause. The

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driver provided with the transport must possess the requisite valid driving license and should have not been legally barred from driving. He shall be in possession of all documents of truck required en route.

10. The transports should have valid roadworthiness certificate and shall be duly registered with transport authorities with permit for all the states covered for reaching the destination and shall have necessary documents such as pollution under control and insurance and should also comply with any other legal compliance required in all the above stated locations and/or transit and destination city/states.

11. The vehicle and the driver shall be free from any legal encumbrances. Any violation of any traffic rules and consequence thereof shall be responsibility of the contractor alone. The contractor shall be fully responsible for all acts of driver or any other staff (that of contractor) with the truck/trailer. The contractor shall ensure that the driver and assistant (optional if provided) are not in intoxicated state at any time while performing duties related to this contract. In such cases the Railways shall be at liberty to consider the truck as non-supplied and levy penalties for non-supply.


12. The transport shall be duly equipped with all necessary arrangements for safe transportation of Railway material of whatsoever kind and description. The contractor shall ensure that the railway materials are properly loaded in vehicle(s), lashed and secured for safe transportation to the consignees as advised by Dy.C.M.E/ ELF/CLW/CRJ/any other representative of CLW/Chittaranjan. The contractor shall arrange for adequate protection of railway materials and all fitted components with suitable packing/supports and keep them in safe custody till such time materials are not delivered to the consignees. Unloading: Unloading and receipt of shell/Railways materials will be arranged by the consignee.

13. Reporting & Release of Transport : A register shall be maintained in the office of SMM/RB recording all the events of each consignment viz.- Transport Registration No., Type of transport & capacity, Reporting time & date, Date & time of release after loading, description, quantity & weight of the consignment, and consignee. Chalan reference should also be recorded in that register. Entries against each consignment shall be signed by the contractor or their authorised representative and SMM/RB or his authorised representative.

14. Standard weight of Loco Shell is available in the office of Dy.C.M.E/ Loco; however, it can also be ascertained by actual weighment wherever necessary in Stores Dept.

15. The transports shall be loaded the same day or detention charges as specified in the tender shall be payable. The loading, if so desired by the contractor, shall be allowed to be witnessed/verified by the transporter/his representative.

16. The contractor shall be bound to transport all Railway materials of whatsoever kind and description and shall deliver them safely and in sound condition at the destination.. The responsibility of safe and sound transportation of material shall be entirely that of contractor. The Railways shall be entitled for recovering the entire loss due to whatsoever reason during transit. The contractor for his own benefit shall make all arrangement necessary for protecting the consignment from theft or rains. They shall arrange at their own cost, packing and lashing as necessary.

17. From the time the transport reports for duty at required location and till the time the truck is released after completing the duty, the men (driver and other staff if any) of contractor shall behave in courteous and disciplined manner and shall not do anything, which may cause loss of material property/reputation of Railways. Further during the time of reporting till release the driver or any other staff of contractor shall not do any work other than the work assigned by the Railways. In case of breach of this condition the trip charges shall not be paid. The staff of the contractor including the driver shall fully co-operate with the Railway staff during the loading and unloading and transit. Any delay in release of truck due to non-cooperation of the staff of the contractor shall be on the contractors account.

18. The material is to be transported at the Transporters risk only. After loading is completed a list of items loaded and their quantity in triplicate along with gate pass shall be handed over to the contractor/his representative/driver under clear acknowledgement which shall be the proof the transporter having taken the delivery of the material fully and clearly. This list and the quantities shown shall form the only basis of calculating the value of material whenever required.

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19. After completion of unloading the contractor shall obtain clear acknowledgment under signature and seal from the consignee of having received the material in full and in safe and sound condition on one copy of the chalan /transportation receipt/list while another copy shall be handed over to the consignee for his record. Within 10 days of the delivery of the consignment, the contractor shall submit such receipt, as the proof of assignment accomplished, to the consignor. Failure to produce such acknowledgement shall be treated as if the materials have not been delivered and necessary penalties/recoveries shall be imposed.

20. The contractor shall be solely responsible for any discrepancy found at the destination in respect of the consignments. The contractors shall also be responsible for checking the packing condition of the materials being transported before taking the deliveries. The contractors alone shall be responsible for any and all shortage, damages from the time the loading of the material is started till the time the material is handed over to the consignee in safe and sound condition in full quantity. The shortage/damages of the quantity in numbers or weight or in any other unit shall be the basis for assessing the loss in transit.

21. In case where the part consignment is damaged, the Railways shall have the right to reject the entire consignment and recover the entire cost of consignment from the contractor by any means as may be decided by the Railways.

22. The contactor alone shall be responsible for any or all the losses of material or property of Railways or any third party resulting from/during transportation or any other activity undertaken by the contractor in execution of the contract for whatsoever reason. The above clause includes loss due to theft/accidents or any other reasons whatsoever during transit. The transit for the purpose of the above shall mean the time from the start of loading to completion of unloading at final destination.


23. The valuation of the material or property at the custody of the contractor (towards recovery of loss/damage sustained by the Railways due to contractor’s default) shall be based on the book rates or the transfer price whichever is higher and the records of railways shall be treated as conclusive for the matter. The loss calculated by the Railways based on the above rates shall be binding on the contractor and Railways shall have every right to recover the same from the contractor.

24. The Railways administration shall be at liberty to recover the loss/damage sustained by it due to failure on the part of contractor and also to recover the penalty amount by any or all the means given below in addition to other legal remedies--

(i) En-cashing Bank Guarantee; (ii) Holding the bills for payment received from contractor against this or any other contract; (iii) To recover from any outstanding payables to contractor from the Government of India. The authority for recovery shall be without prejudice to all other legal remedies available to the Railways; (iv) Forfeiture of Earnest Money, Security deposit.

25. The materials shall be delivered to where it has been ordered. The railways may require the transport to be accompanied by railway staff, which shall be accommodated in the vehicle free of cost.

26. The responsibility for safety of contractor’s men, machine and transport provided by the contractor shall entirely lie with the contractor alone.

27. The safe methods for transportation shall alone be used so as to ensure safety of men, materials, property and structures.28. The contractors shall comply with the provisions of the Contract Labour (Regulation and Abolition) Act 1970 and the

Contract Labour (Regulation and Abolition) Central Rules 1971 as modified from time to time and shall also indemnify the Railways from and against any claim under the aforesaid act and the rules.

29. In the event of non-completion of loading or unloading the contractor shall be bound to keep the transport available for extra hours as may be required by Railway Administration till loading and unloading is completed. In case of detention of the transport due to non-completion of loading/unloading on the day of reporting detention charges shall be paid at the flat rate of Rs.500/- per day only.

30. Contractor shall pay to the Municipality, Police and other authorities’ charges as may be required by law and shall obtain all necessary licenses permissions required by law for the activity or related to the activity. The contractor shall pay all fees taxes, charges, toll tax etc. as may be required on account of his own operation in executing the contract.

31. Any notice to be served on the tenderer shall be deemed to be sufficiently served if delivered at or sent by registered post addressed to the tenderer at his registered office or last known place of business.

32. These conditions are without prejudice to the rules and regulations prevalent and issued on the subject by Railways from time to time.

33. The contractor shall be fully responsible for observance of Motor Vehicle Act. Any penalty paid on account of violation of the same shall be borne by the contractor alone.

34. This contract shall in no way nullify, reduce, mitigate or absolve the contractor of any responsibility, obligation or liability that may devolve upon them under the Carriers Act 1865 (as amended up to date).

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35. The contractor shall maintain close liaison with the officials of Stores Dept./CLW/CRJ to take instructions, guidance and orders.

36. The transport contractor shall not be allowed to pass the responsibilities connected with the transportation to another agency or transporters. However the hiring of vehicles and services from another agency shall be permitted in exigencies only but the onus of the safe and timely transportation shall rest with the contractor only.

37. The contract shall be valid for 18 months. Any extension required shall be as per extant rules of the Railway. 38. The Railway administration shall be at liberty at any time without assigning any reason to suspend temporarily or will not

be entitled for any compensation for such suspension or termination of contract.39. The Tenderers are required to quote their rates on per trip basis on door to door delivery basis including taxes & duties,

transit insurance etc. and no separate charges on any account shall be payable. These rates shall be firm for the entire period of this contract and no change due to any reason what so ever shall be permitted. The rates are for one way (outwards) journey. The transport shall be free for use to the contractor after unloading is completed at destination.


40. The respective rates shall be firm & applicable for items of whatsoever type and whatsoever nature for the locations as may be ordered under the contract.

41. Payment Terms :41.1 100% payment shall be made on trip basis for the deliveries of material. The firm should submit bill to FA&CAO(X)/CLW through

Dy.CM.M/D alongwith receipted delivery challan. The bill shall contain all details of the consignment which shall be certified by Gazetted officer at consignee end, countersigned by Depot Officer at CLW and accepted by Dy.CMM/Depot. Payment will be made through RTGS mode. Name of the Bank……………………………A/C No………………….IFS Code of the Bank…………….PAN…………………………………….

41.2 Trailer = 66 feet long low bed (3 feet height from ground level) trailer. Transportation Charge = per trip basis.

42. Detention Charges : In case of the transport could not be released by the Railways after loading or unloading on the same day of reporting (except in the case of late provision of transport by the contractor i.e. reporting after 09-00 hrs.), detention charges @ Rs.500/- per extra day shall be payable to the contractor on production of Detention memo with bill while claiming payment for the same. However, in case the day on which the transport reaches the destination happens to be holiday the next working day alone shall be treated as day of reporting. For this purpose the contractor shall obtain detention memo from the nominated supervisor/officer of the consignor or the consignee, as the case may, if transport is detained for loading or unloading for more than a day even after reporting within 09:00 hrs. of the day of reporting.

43. Penalty :

44. Trailer/Truck shall report for loading on the day as per instruction issued from the office of Dy.CME/ELF. If the contractor fails to place the vehicle at the specified place within 24 hours of the specified time, a penalty @ Rs.500/- for each day delay beyond 24 hours of the specified time shall be imposed.

45. In case of transport reports late i.e. after 09-00 Hrs. for loading, the administration shall be at liberty to accept or reject the same. In case of rejection due to such late provision, the same shall be termed as non-delivery and penalty shall be imposed as per penalty clause. If loading could not be completed on the same day due to such late provision of transport, the transport shall be detained for the next day for loading and no detention charges in such case shall be payable.

46. The trailer shall report to the consignee for unloading on working days by 09:00 Hrs. of the working day. In case the transport is provided after 09.00 Hrs. the consignee shall be at liberty to accept the transport on date for unloading or reject it treating as non-delivery on that day. Penalty @ Rs. 500 per day shall be applicable for the delay beyond the time limit allowed for delivery of the consignment to the consignee vide item B(3) above.

47. The Penalty clauses do not in any way fix or set the limit for the recovery for loss and damages of Railway material under custody of the contractor, which shall be recovered in full in addition to any other penalty.

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48. The decision of the Railway Administration in this matter regarding imposition of penalty shall be final and binding.49. If the contractor fails or neglects or refuses to observe/perform any of the term and conditions obligations of or/under the

contract, railway may without prejudice to any other rights may terminate the contract by giving one month notice in writing and recover from the contractor damages suffered on account of such failure or refusal or neglect.

50. The whole contract will be governed under General Conditions of Contract of the Railways.

Declaration of the tenderer: I/We agree to supply the articles specified above in accordance with the General Conditions of Contract of the Railways as amended up-to-date, instruction to tenders, general conditions and special conditions of tender.


51. Offered Rate to be filled in by the tenderer : Name of Work: Transportation of Loco Shell to Dahod / W. Rly. From CLW/Chittaranjan.

Rate in:

All inclusive rate for Trailer per trip basis (in Fig. & in Words) Distance66 feet long low bed (3 feet height from ground level) trailer for transportation of loco Shell (approx. weight 48 M.T.)

Bhusawal

Break-up of all inclusive Rate

Bhusawal

Basic price :

Insurance % :

Other charges if any :

Service Tax % :

NB: 1. Document in support of Distance in KM for the Transportation points: The contractor has to produce the distance chart as per Road Atlas or any other valid standard document for the distance between two points.

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2. Rate to be quoted inclusive of all including transit insurance, service tax etc.However the amount of insurance, tax & levies included in the rate should be indicated explicitly in the offer.

3. Drawing/Sketch of the trailer quoted must be submitted indicating dimension.

Signature of Tenderer

-------x-------End of Document


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