1Tender No: NKJ/TRS/T/4/09

FORREQUIREMENT OF DATA ENTRY OPERATOR FROM TRADE AT ELS/NKJ.

Estimated cost :- Rs. 7,23,463/-, Earnest Money ;- Rs. 14470/- ( EMD Rs. Seventy Two Thousand And Eight Hundred Ten only)Cost of tender book - Rs.2000-(In Person) & Rs.2500/-(By Post)( Note:- If tender book down loaded from web site i.e www.tenders.gov.in pleaseenclosed, DD of Rs.2000 of any nationalized bank of India in favour of Sr.DFM/WCR,Jabalpur with tender book.

TENDER DUE DATE 10.09.2009 . CLOSING TIME- 15.00 HRS.TENDER OPENING DATE 10.09.2009 AT 15.30 HRS.Completion Period : 14 MonthsQuantity- 3650 Mendays.

(This tender Booklet Containing 26 pages including this page)

Tender issued by:Sr.DEE/TRS/NKJ

Tender issued to:-Book No.

M/s. ______________________________________ ______________________________________ MR. No. Dt.

2WEST CENTRAL RAILWAY LECTRIC LOCO SHEDDate : 30.07.2009 NEW KATNI Jn.

TENDER NOTICESr.Divisional Electrical Engineer, Traction Rolling stock, West Central Railway, New Katni Jn.for and on behalf of President of India invites sealed tender from reputed and experiencedsources for following open tender1. Tender Notice No.:- NKJ/TRS/T/4/09 Date: - 30.07.2009.2. Name of work its Location : - Requirement/Provision of Data Entry Operator at ElectricLoco Shed New Katni Jn. Quantity- 3650 men days.3. Estimated cost of work: - Rs. 7,23,463/-.However contractor/firm are requested to quotetheir rate on the basis of current and applicable rates of minimum wages & statutory provisionon 06.02.2009 ie date of tender opening . Earnest money : Rs..14,470/- ( Rs,. FourteenThousands Four Hundred Seventy only) Note - The Earnest Money should be in cash or in theform of deposit receipts, pay orders or demand drafts executed by State bank of India or any ofthe Nationalized Banks or by a scheduled Bank in favour of Sr. Divisional Finance Manager,W.C.Rly., Jabalpur or cash paid in any Divisional Cash office of West Central Railway andmoney receipt attached with the offer.4. Cost of tender booklet: - Rs.2000 (Rs. Two Thousand only) & Rs.2500/- by Post.5. Date ,Time & Place of issue of Tender Booklet:- Tender booklet can be purchased from theoffice on any working day during office working hours & up to 12 Hrs. of 09.09.2009 by payingcash. By post tender paper cost will be Rs.3500/-. However Railways will not be responsible forany loss/damage/late receipt of tender paper if called by post by tenderer or send his offerthrough post/courier duly filled to this office.6.Date ,Time & Place of Submission of Tender Booklet :- The sealed tender booklet shouldbe deposited in the tender box up to 15.00 Hrs. of 10.09.2009 at the office of theSr.D.E.E.(TRS), New Katni Jn.7. Date,Time & place of opening of tender: - Tender will be opened at 15.30 Hrs. on10.09.2009 at the office of Sr.DEE/TRS New Katni Jn. W.C.Rly. in presence of tenderersauthorised representatives who desires to be present on due date may attend at their own cost.8. Completion period: - 14 Months & validity of offer: 120 Days.(Validity of offer will be 120days from the date of opening of tender )9. Name & Designated of person designated for seeking clarification for tender :-

Sr.DEE/TRS/NKJ ,Phone No. 07622- 235587NOTE : The tender must be accompanied with earnest money failing which the tender will besummarily rejected. Tenderer must attach copy of credentials / experience certificates forsatisfactory execution of similar work along with tender.10..The tender paper can be down loaded from website at www.tenders.gov.in11. If the tender Document is downloaded from website then at the time of submission of tenderthe cost of tender booklet Rs.2000-(Rupee Two Thousand) submitted through demand draftpayable to Sr.DFM/ WCR/Jabalpur. Failing this the tender shall be rejected summarily.12..If at any stage any document submitted by the tendrer/contractor in connection with theiroffer or any other purpose is found false or faked ,Railway administration will not beresponsible in any way for the loss suffered by tenderer/contractor due to action taken againsthim as a consequence of the same. Any legal action, administrative/ financial decision or alltaken in this regard will be final and binding upon the contractor/tenderer.

Sr.Divisional Electrical Engineer (TRS) W.C.Rly, New Katni Jn.

For & On Behalf of President of India.

3REGULATIONS FOR TENDERS AND CONTRACTSCONTENTS

Para MEANING OF TERMS Page No.1. 1.1 DEFINITIONS 2 1.2 SINGULAR AND PLURAL 2

3.1 INTERPRETATION 3

CREDENTIALS OF CONTRACTORS

2. APPLICATION FOR REGISTRATION 33. TENDER FORMS 44. OMISSIONS AND DISCREPANCIES 45. EARNEST MONEY 4 - 56. CARE IN SUBMISSION OF TENDERS 5

CONSIDARATION OF TENDERS

7. RIGHT OF RAILWAY TO DEAL WITH TENDERS 5

CONTRACT DOCUMENTS

8. EXECUTION OF CONTRACT DOCUMENTS 69. FORM OF CONTRACT DOCUMENTS 6 ANNEXURE I TENDER FORMS 6 to 10 ANNEXURE IV Contract Agreement Form 11

10. PART III SPECIAL CONDITION & SPECIFICATION OF CONTRACT FROM PAGE 12 to .25

11. PART IV . SCHEDULE OF CONTRACT PAGE. 26

4REGULATION FOR TENDERS AND CONTRACTSFOR THE GUIDANCE OF ENGINEERS AND CONTRACTORS

FOR ENGINEERING WORKS

MEANING OF TERMS

1.1 These Regulations for Tenders and Contracts shall be read in conjunction with the Generalconditions of Contract which are referred to herein and shall be subject to modifications,additions or super session by special conditions of contract and/or special specifications, ifany annexed to the Tender Forms.

1.2 Definition :- In these Regulations for Tenders and Contracts the following terms shall havethe meanings assigned here under except where the context otherwise requires :

(A) "Railway" shall mean the President of the Republic of India or the Administrative Officersof the West Central Railway or of the Successor Railway authorized to deal with anymatters which these presents are concerned on his behalf.

(B) General Manager shall mean the officer Incharge for the general superintendence andcontrol of the Railway and shall also include the General Manager (construction) and shallmean and include their successors, of the successor Railway.

(C) Chief Engineer " shall mean the Officer Incharge of the Engineering Department of WestCentral Railway and shall also include the Chief Engineer (Construction), Chief Signal andTelecommunication Engineer, Chief Signal and Telecommunication Engineer(Construction), Chief Electrical Engineer and Chief Electrical Engineer(Construction) andshall mean & include their successors, of the Successor Railway.

(D) "Divisional Railway Manager" shall mean the Officer Incharge of a Division of the WestCentral Railway and shall mean and include the Divisional Railway Manager of theSuccessor Railway

(E) Engineer" shall mean the Divisional Engineer or the Executive Engineer, Divisional Signaland Telecommunication Engineer, Divisional Signal & Telecommunication Engineer(Construction), in executive charge of the works and shall include the superior officers ofthe Engineering, Signal & Telecommunication, and Electrical Department of Railway: i.e.the Senior Divisional Engineer/Deputy Chief Engineer/Chief Engineer (Construction),Senior Divisional Signal and Telecommunication Engineer/Chief Signal&Telecommunication Engineer (Construction), Senior Divisional ElectricalEngineer/Deputy Chief Electrical Engineer. Chief Electrical Engineer (Construction)/ andshall mean and include the Engineers of the Successor Railway.

(F) "Tenderer" shall mean the Person/the firm/co-operative or company whether in-corporateor not who tenders for the works with a view to execute the works on contract with theRailway and shall include their personal representatives, successors and permitted assigns.

(G) "Limited Tenders" shall mean tenders invited from all or some Contractors on theapproved or select list of contractors with the Railway.

(H) "Open Tenders" shall mean the tenders invited in open and public manner and withadequate notice.

CONTRACTOR

5(I) "Works" shall mean the works contemplated in the drawings and schedules set forth in thetender forms and required to be executing according to specifications.

(J) "Specifications" shall mean the specifications for Materials and works of the West CentralRailway specified in Part III of the Works Hand Book issued under the authority of theChief Engineer or as amplified added to or superseded by special specifications if any,appended to the Tender Forms.

(K) "Schedule of Rates of the West Central Railway" shall mean the schedule of Rates issueunder the authority of the Chief Engineer from time to time.

(L) "Drawings" shall mean the maps, drawing, plans and tracings or prints there of annexed tothe Tender Forms.

1.3 Words importing the singular number shall also include the plural and vice versa where thecontext requires.

2. CREDENTIALS OF CONTRACTORS2.1 Application for registration :- Works of construction and of supply of materials shall be

entrusted for execution to contractors whose capabilities and financial status have beeninvestigated and approved to the satisfaction of the Railway. For this purpose, list ofapproved contractors shall be maintained in the Railway. The said list shall be revisedperiodically once in a year or so by giving wide publicity through advertisements, etc.

A. Contractor including a contractor who is already on the approved list, shall apply to thenearest General Manager (Construction), Chief Administrative Officer (Construction),Divisional Railway Manager, Chief Engineer/Chief Engineer (Construction), Chief Signaland Telecommunication Engineer/ Chief Signal & Telecommunication Engineer(Construction) and Chief Electrical Engineer/Chief Electrical Engineer (Construction),furnishing particulars regarding :-

(a) His position as an independent contractor specifying Engineering organization availablewith details or Partners/ Staff/Engineers employed with qualifications and experience.

(b) His capacity to undertake and carry out works satisfactorily as voucher for by a responsibleofficial or firm, with details about the transport equipments, construction tools and plantsetc, required for the work maintained by him ;

(c) His previous experience of works similar to that to be contracted for, in proof of whichoriginal certificated or testimonials may be called for and their genuineness verified ifneeds be, by reference to the signatories thereof;

(d) His knowledge from actual personal investigation of the resources of the area/zone or zonesin which he offers to work

(e) His ability to supervise the work personally or by competent and duly authorized agent.(f) His financial position;(g) Authorized copy of the current Income-tax Clearance Certificate.2.2 An applicant shall clearly state the categories of works for which and the

area/zone/division(s)/district (s) in which he desires registration in the list of approvedcontractors.

2.3 The selection of Contractors for enlistment in the approved list would be done by acommittee for different value slabs as notified by Railway.

2.4 An annual fee as prescribed by the Railway from time would be charged from such approvedcontractors to cover the cost of sending notices to them and clerkage for tenders, etc.

2.3 The list of approved contractors would be treated as confidential office record.

CONTRACTOR

6TENDERS FOR WORKS

3. Tender Form :- Tender Forms shall embody the contents of the contract documents eitherdirectly or by reference and shall be as per specimen form, Annexure I, II, III & IV TenderForms shall be issued on payment of the prescribed fees to the appropriate contractors onthe list of approved contractors. Contractors not on the list of approved contractors, will, onpayment of the prescribed fees, be furnished with tender forms and they shall be required tosubmit evidence regarding their financial status, previous experience and ability to executethe works, and an authorized copy of the current Income Tax Clearance Certificate withoutwhich their tenders will not be considered.

4. Omissions and Discrepancies: - Should a tenderer find discrepancies in, or omissions fromthe drawings or any of the Tender Forms or should he be in doubt as to their meaning, heshould at once notify the authority inviting tenders who may send a written instruction to alltenderers. It shall be understood that every endeavor has been made to avoid any errorwhich can materially affect the basis of the tender and the successful tenderer shall takeupon himself and provide for the risk of any error which may subsequently be discoveredand shall make no subsequent claim on account thereof.

5. Earnest Money :- (i) The tenderer shall be required to deposit earnest money with the Tender for the due

performance with the stipulation to keep the offer open till such date as specified in theTender, under the conditions of Tender. The earnest money shall be 2% of the estimatedtender value as indicated in the Tender Notice. The earnest money shall be rounded to thenearest Rs. 10/-. This earnest money shall be applicable for all modes of tendering.

(ii) It shall be understood that the tender documents have been sold/issued to the tender and thetenderer is permitted to tender in consideration of stipulation on his part, that aftersubmitting his tender he will not resile from his offer or modify the terms and conditionsthereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe orcomply with the said stipulation, the aforesaid amount shall be liable to be forfeited to theRailway.

(iii) If his tender is accepted this earnest money mentioned in sub clause (a) above will beretained as part security for the due and faithful fulfillment of the contract in terms of Clause16 of part II of the General Conditions of Contract. The earnest money of other tenderers,shall save as herein before provided, be returned to them, but the Railway shall not beresponsible for any loss or depreciation that may happen thereto while in their possession,nor be liable to pay interest thereon.

(iv) The Earnest Money should be in cash or in any of the following forms :-(a) Deposit receipts, pay orders, demand drafts. These forms of earnest money could be either of

the State Bank of India or of any of the nationalized banks. No confirmatory advice from theReserve Bank of India will be necessary.

(b)Deposit receipts executed by the Scheduled banks (other than the State Bank of India and theNationalised Banks) approved by the Reserve Bank of India for this purpose. The Railwaywill not, however, accept deposit receipt without getting in writing the concurrence of theReserve Bank of India.

(c) The Earnest Money should be in cash or in the form of deposit receipts, pay orders ordemand drafts executed by State bank of India or any of the Nationalized Bank or ascheduled Bank in favour of Sr. Divisional Finance Manager, West Central Railway,Jabalpur, valid for Six Months. The Tenderer Not Accompanied with EMD in valid formshall be summarily rejected. EMD in form of Bank Guarantee shall Not be acceptable.

CONTRACTOR

76. Care in Submission of Tenders.(a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms 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 by a firm or company of contractors, the tender shall be signed by

the individual legally authorised to enter into commitments on their behalf.(c) The Railway will not be bound by any power of attorney granted by the tenderer or by

changes on the composition of the firm made subsequent to the execution of the contract. Itmay, however, recognise such power of attorney and changes after obtaining proper legaladvice, the cost of which will be chargeable to the contractor.

CONSIDERATION OF TENDER

7. Right of Railway to deal with Tenders :- The Railway reserves the right of not to invitetenders for any of Railway work or works or to invite open or limited tenders and whentenders are called to accept a tender in whole or in part or reject any tender or all tenderswithout assigning reasons for any such action.

8. Execution of Contract Documents :- The Tenderer whose tender is accepted shall berequired to appear in person at the office of the General Manager/General Manager(Construction) Chief administrative Officer (Construction), Divisional Railway Manager orconcerned Engineer, as the case may be, or if a firm or corporation, a duly authorisedrepresentative shall so appear and execute the contract documents within 7 days after noticethat the contract has been awarded to him. Failure to do so shall constitute a breach of theagreement affected by the acceptance of the tender in which case the full value of the earnestmoney accompanying the tender shall stand forfeited without prejudice to any other rights orremedies.

In the event of any tenderer whose tender is accepted shall refuse to execute the contractdocuments as here in before provided, the Railway may determine that such tenderer hasabandoned the contract and there upon his tender and acceptance thereof shall be treated ascancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money andto recover the damages for such default.

9. Form of Contract Document: - Every contract shall be complete in respect of the documentit shall so constitute. The competent authority and the contractor and one copy given to thecontractor shall sign not less than 2 copies of the contract documents.

(a) For zone contracts awarded on the basis of the percentage above or below the Schedule ofRate West Central Railway for the whole or part of financial year, the contract agreementrequired to be executed by the tenderer whose tender is accepted shall be as per specimenform. Annexure II During the currency of the Zone contract, work orders as per specimenform Annexure III or IV for works not exceed Rs. 10,000/- each shall be issued by theDivisional Railway Manager/Executive Engineer under the agreement for Zone Contract.

(b) For contracts for specific works, values at more than Rs. 10,000/- the contract documentsrequired to be executed by the tenderer whose tender is accepted shall be either anAgreement as per specimen form Annexure IV, or a work order as per specimen formannexure V as may be prescribed by the Railway.

CONTRACTOR

8ANNEXURE- IWEST CENTRAL RAILWAY

TENDER FORMS (FIRST SHEET)

Tender No. NKJ/TRS/T/4/09

Name of Work :- :- Requirement of Data Entry Operator at ELS/NKJ.

To,

The President of India,Acting through the Sr.DEE/TRS/NKJ

NEW KATNI JUNCTION, WEST CENTRALRAILWAY.I. I/We..................................................................................................................................... have

read the various conditions to tender attached here to and agree to abide by the saidconditions. I/We also agree to keep this tender open for acceptance for a period of 120 daysfrom the date fixed for opening the same and in default thereof, I/We will be liable forfeature of my/our "Earnest Money" I/We offer to do the work for West Central Railway, atthe rates quoted in the attached schedule and hereby bind myself/ourselves to complete thework in all respects within 24 months from the date of issue of letter of acceptance of thetender.

2. I/We also hereby agree to abide by the General Conditions of Contract corrected up toprinted advance correction slip No. ...........................dated ................... and to carry out thework according to the Special Conditions of Contract and Specifications of materials andworks as laid down by Railway in the annexed Special Conditions/Specifications and the............................................ Railway works Hand Book Part III corrected up toprinted/advance correction slip No. .............................dated ...................Sanitary WorksHand Book corrected up to printed/advance correction slip No. ................... dated ................for Schedule of Rates corrected up to printed/advance correction slip No. ......................dated ...................... for the present contract.

3. A sum of Rs. 14,470/- is herewith forwarded as Earnest money. The full value the earnestMoney shall stand forfeited without prejudice to any other right or remedies in case my/ourTender is accepted and if :-

(a) I/We do not execute the contract documents within seven days after receipt of notice issuedby the Railway that such documents are ready; and

(b) I/We do not commence the work within 15 (fifteen) days after receipt of orders to that effect.4. Until a formal agreement is prepaid and executed, acceptance of this tender shall constitute a

binding contract between us subject to modifications, as may be mutually agreed to betweenus and indicated in the letter of acceptance of my/our offer for this work.

Signature of Witnesses :(1) .............................................. Signature Tenderer(s)(2) .............................................. Date Address of the Tenderer(s)

9ANNEXURE- ITENDER FORMS (SECOND SHEET)

1. Instructions to tenderers and conditions of tender. - The following documents form part ofTender/Contract :-

(a) Tender forms - First Sheet and Second Sheet.(b) Special Conditions/Specifications (enclosed) at part III & IV(c) Schedule of approximate quantities (enclosed) at part IV

(d) General Conditions of Contract and Standard Specifications for materials and works as laiddown in Works Hand Book and Sanitary Works Hand Book of Central Railway, as amended/corrected up to correction slips mentioned in First Sheet Form, copies of which can be seen inthe office of Sr.DEE/TRS/NKJ or obtained from the office of the Chief Engineer, West CentralRailway .......................... on .......................... payment of Rs. .......................... Rs. .................. &Rs................................. respectively.

(e) Schedule of Rates, Part I and II as amended/corrected up to correction slip as mentioned in FirstSheet of Tender sheet of tender form, copies of which be seen in the office ofSr.DEE/TRS/NKJ or obtained from the Chief Engineer, .................West central Railway onpayment of Rs............................. & Rs. .............................. respectively.

(f) All general and detailed drawings pertaining to this work which will be issued by the Engineer orhis representatives (from time to time) with all changes and modifications.

2. Drawings for the work. - The Drawings for the work can be seen in the office of theSr.DEE/TRS/NKJ at any time during the office hours. The drawings are only for the guidanceof Tenderer(s). Detailed working drawings, (if required) based generally on the drawingmentioned above, will be given by the Engineer or his representatives from time to time.

3. The Tenderer(s) shall quote his/their rates as a percentage above or below the schedule of Ratesof the West Central Railway .................... as .................. applicable to ....................... Divisionexcept where he/they are required to quote item rates and must tender for all the items shown inthe schedule of approximate only and are subject to variation according to the needs of theRailway. The Railway does not guarantee work under each item of the schedule.

4. Tenders containing erasures and/ or alterations of the tender documents are liable to be rejected.Any correction made by Tenderer(s) in his/their enteries must be attested by him/them.

5. The works are required to be completed within a period of 14 months from the date of issue ofacceptance letter.

6. Earnest Money.-(a) The tender must be accompanied by a sum of Rs. 14,470/- as earnest money deposited in cash or in any

of the forms as mentioned in Regulations for tenders and Contracts for the guidance of the Engineers andContractors, failing which the tender will not be considered.

(b) The Tenderer(s) shall keep the offer open for a minimum period of 120 days from the date of opening ofthe Tender it is understood that the tender documents has been sold/issued to the Tenderer(s) and theTenderer(s) is/are permitted to tender in consideration of the stipulation on his/their part that aftersubmitting his/their tender subject to the period being extended further if required by mutual agreementfrom time to time, he will not resale from his offer or modify the terms and conditions thereof in amanner not acceptable to the Sr.DEE/TRS/NKJ of West Central Railway. Should the Tenderer for thedue performance of the above the foregoing stipulation, the amount deposited as Earnest Money for thedue performance of the above stipulation shall be forfeited to the Railway

(c) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as SecurityDeposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shallbe forfeited if the tenderer(s) contractor(s) fail to execute the Agreement Bond within 7 (Seven)days after receipt of notice issued by railway that such documents are ready or to commence thework within 15 (Fifteen) days after receipt of the orders to that effect.

CONTRACTOR

10

(d) The Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, bereturned to the unsuccessful tenderer(s) within a reasonable time but the Railway shall notbe responsible for any loss or depreciation that may happen to the Security for the dueperformance of the stipulation to keep the offer open for the period specified in the tenderdocuments or to the Earnest Money while in their possession nor be liable to pay interestthereon.

7. Rights of the Railway to deal with tender.- The authority for the acceptance of the tenderwill rest with the Railway. It shall not be obligatory on the said authority to accept thelowest tender or any other tender and no tenderer(s) shall demand any explanation for thecause of rejection of his/their tender nor the Railway undertake to assign reasons fordeclining to consider or rejection of his/their any particular tender or tenders.

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

9. If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his/theirtender, the railway shall deem such tender cancelled. If a partner of a firm expires after thesubmission of their tender or after the acceptance of their tender, the Railway shall deem such tenderas cancelled, unless the firm retains its character.

10. Income Tax clearance certificate:- The tenderer(s) is/are required to produce along withhis/their tender an authorised copy of the Income-Tax Clearance certificate or a swornaffidavit duly countersigned by the Income-Tax Officer to the effect that he has/they haveno taxable income.

11. Tenderer's Credentials :- Documents testifying tenderer's previous experience and financialstatus should be produced along with the tender or when desired by competent authority ofthe West Central Railway. Tenderer(s) who has/have not carried out any work so far on thisRailway and who is/are not borne on the approved list of the Contractors of WCR/ CentralRailway should submit along with his/their tender credentials to establish.

(i) His capacity to carry out the works satisfactory.(ii) His financial status supported by Bank reference and other documents.(iii) Certificates duly attested and testimonials regarding contracting experience for the type of

job for which tender is invited with list of works carried out in the past.12. Tender must be enclosed in a sealed cover, superscripted "Tender No. NKJ/TRS/T/4/09 and

must be sent by registered post to the address of Sr.DEE/TRS/NKJ(WCR) so as to reachhis office not later than 15.00 hours on the 10.09.2009 or deposited in the special boxallotted for the purpose in the office of Sr.DEE/TRS/NKJ, WCR. This Special box will besealed at 15.00 hours on 10.09.2009. The tender will be opened at 15.30 hours on the sameday. The tender papers will not be sold after 12.00 hours on 09.09.2009.

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

14. Execution of Contract Documents. - The successful tenderer(s) shall be required toexecute an agreement with the President of India acting through the West Central Railwayfor carrying out the work according to General conditions of Contract, Specialconditions/specifications annexed to the tender and specifications for work and materialslaid down in Works Hand Book Part III and Sanitary Works Hand Book of Central Railwayas amended/corrected up to down correction slip mentioned in tender form (First Sheet).

CONTRACTOR

11

15. Partnership deeds, Power of Attorney etc. - The tenderer shall clearly specify whether thetender is submitted on his own or on behalf of a partnership concern. If the tender is submittedon behalf of a partnership concern, he should submit the certified copy of partnership deed alongwith the tender and authorization to sign the tender documents on behalf of partnership firm. Ifthese documents are not enclosed along with tender documents, the tender will be treated ashaving been submitted by individual signing the tender documents. The Railway will not bebound by any power of attorney granted by the tenderer or by changes in the composition of thefirm made subsequent to the execution of the contract. It may, however recognize such power ofattorney an changes after obtaining proper legal advice, the cost of which will be chargeable tothe contractor.

16. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to actthrough agent or individual partner(s) should submit along with the tender or at a later stage, apower of attorney duly stamped and authenticated by a Notary Public or by Magistrate is favourof the specific person whether he/they be partner(s) of the firm or any other person specificallyauthorising him/them to submit the tender, sign the agreement, receive money, witnessmeasurements, sign measurement books, compromise, settle, relinquish any claim(s) preferredby the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.

17. Employment/Partnership, etc., of Retired Employees,-(a) Should a tenderer be a retired engineer of the Gazette rank or any other Gazetted officer Working

before his retirement, whether in the executive or administrative capacity, or whether Holding apensionable post or not, in the ........................................ department of any of the railways ownedand administered by the President of India for the time being, or should a tenderer beingpartnership firm have as one of its partners a retired engineer or retired engineer or retiredGazetted Officer as aforesaid, or should a tenderer being an incorporated company have any suchretired officer as one of its Directors, or should a tenderer have in his employment any retiredEngineer or retired Gazetted Officer as aforesaid, the full information as to the date employmentany retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date ofretirement of such Engineer or Gazetted Officer from the said service and in case where suchEngineer or Officer had not retired from Government service at least 2 years prior to the date ofsubmission of the tender as to whether permission for taking such contract, or if the contractor bea partnership firm or an incorporated company, to become a partner or Director as the case maybe, or to take employment under the contractor, has been obtained by the tenderer or theEngineer or Officer, as the case may be from the President of India or any officer, dulyauthorised by him in this behalf, shall be clearly stated in writing at the time of submitting thetender. Tenders without the information above referred to or a statement to the effect that nosuch retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the casemay be, shall be rejected.

(b) Should a tenderer or contractor being an individual on the list of approved Contractors, have arelative(s) or in case of partnership firm or company of contractors one or more of hisshareholders(s) or a relative(s) of the shareholder(s) employed is gazetted capacity in theELECTRICAL (TRS) Department of the West Central Railway, the authority tenderers shall beinformed of the fact at the time of submission of the tender, failing which the tender may bedisqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded inaccordance with the provision in clause 62 of the General Conditions of Contract.

Signature of Tenderers) (Designation)

West Central railway

12

ANNEXURE- I (Contd.)

TENDER FORM (THIRD SHEET)

Tender No. NKJ/TRS/T/4/09

Name of work: :- Requirement of Data Entry Operator at ELS/NKJ.

SCHEDULE OF RATES AND QUATITIES

S.No. Item No Descriptionof item ofwork

ApproximateQuantity

Unit Rates in figuresand in wordsIn Rs.

AmountIn Rs.

1 2 3 4 5 6 7

ATTACHED AT PART IV

( Please quote rate on Part - IV only )

The quantities shown in above schedule are approximately and are as a guide to give thetenderer(s) an idea of quantum of work involved. The Railway reserves the right toincrease/decease and and/or delete or include any of the quantities given above and no extra ratewill be allowed on this account.

I/We undertake to do the work at XXXXXX.. % above/below the schedule of Rates ofthe West Central Railway as applicable to .................................................. Division or at therates quoted above for each item.

Dated .......................

............................................

Signature of the Tenderer(s)

Note : - Column 1 to 5 shall be filled by the office of the Authority inviting tender. Columns 6 &7 shall be filled by the Tendere(s) only when percentage tenders are not invalid.

13

ANNEXURE- IV

WEST CENTRAL RAILWAY

CONTRACT AGREEMENT No. NKJ/TRS/T/ 4/09 Date ....................

ARTICLES OF AGREEMENT made this ......................................... day of .............. 20........ between the President of India acting through the Railway Administration here in aftercalled the "Railway" of the one part and .......................................................................... hereinafter called the "Contractor" of the other part.

WHERE AS the Contractor has agreed with the Railway for the performance ofthe works................................... set forth in the schedule hereto annexed upon the GeneralConditions of contract corrected up to Printed/Advance Correction Slip No............................................... dated ................and the specifications of the West Central Railwaycontained in the Works Hand Book, Part-III, corrected up to Printed/Advance/Correction SlipNo. .................................. dated ..............and Sanitary Works Hand Book corrected up toPrinted/Advance Correction Slip No .......................... dated ................. and the schedule of Rates of the West Central Railway, corrected up toPrinted/Advance Correction Slip No. ........................ dated ............... and the special conditionsand special specifications, if any, and in conformity with the drawings here-into annexed ANDWHEREAS the performance of the said works is an act in which the public are interested.

NOW THIS INDENTURE WITNESSETH that in consideration of the paymentsto be made by the Railways, the Contractors will duly perform the said works in the schedule setforth and shall execute the same with great promptness, care and accuracy in a workman likemanner to the satisfaction of the Railway and will complete the same accordance with the saidspecifications and said drawings and said conditions of contract on or before the............................. day of .................. 20 .........and will maintain the said works for a period of....................................... Calendar months from the certified date of their completion and willobserve, fulfill and keep all the conditions therein mentioned (which shall be deemed and takento be part of this contract as if the same has been fully set forth herein). AND the Railway, bothhereby agree that if the Contractor shall duly perform the said works in the manner aforesaid andobserve and keep the said terms and conditions the Railway will pay or cause to be paid to theContractor for the said works on the final completion there of the amount due in respect thereofat the rates specified in the Schedule hereto annexed.

Contractor ................................. Designation ............................. Rly ( For President of India)Address .................................... Date ...............................................Date ........................................

signature of witnesses with address to Signature of Contractor

Witnesses .....................................

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Part-I and II (Work hand book General condition of contract of Railway) The Railways general conditions ofcontract (work hand book Part-I & II) will be applicable on tenderer. Therefore the tenderer should refer

general condition of contract of Railways in addition to tender document bid given on website

Electric Loco shed New Katni Jn.

PART III

The following special conditions shall supplement and be read together with the General Conditions ofContract (GCC) of West Central Railway/ Central Railway and the extant orders along with the amendments,if any, issued by the Govt. of India, Ministry of Railways (Railway Board) from time to time. The GCC ispriced publication and it may be purchased by the tenderers on payment of the prescribed price.

Special Condition of the Contract(TENDER NO. NKJ/TRS/T/4/09

1. PLACE OF EXECUTION

The Requirement of Data Entry Operator at Electric loco shad New Katni Jn. West CentralRailway.

2. EARNEST MONEY 2.1 Earnest money an amount of Rs. 14,470 (Rupees Fourteen Thousand Four Hundred Seventyonly) shall be deposited along with the tender in any one of the following forms:

(i) Cash with chief cashier, West central Railway Jabalpur or deposited with any of theDivisional Cashier of this Railway & Money receipt attached with tender. Demand Draft/Deposit Receipt /FDR , issued by scheduled Bank in the name of Sr.Divisional FinanceManager West Central Railway Jabalpur.NOTE :-There is no exemption from payment of earnest money deposit even for small-scaleunits.Offers received without earnest money in the requisite form shall be summarily rejected.

3. CREDENTIALS3.1 Agency /service provider for Data Entry Operator at ELS/NKJ should be reputed &

experienced in the field.

3.2 The tenderer should be registered / licensed agency/service provider. Credentials forhaving Successfully carried out the similar type of work must be submitted along with offer bythe Tenderer. Non fulfillment of this requirement may result in the offer summarily be rejected.

4. REQUIREMENT OF TENDER OFFER4.1 Validity of offer should be kept valid for 120 days from the date of opening of tender.4.2 The rate should be filled in figure and words. Non-fulfillment of this requirement may

result in the offer summarily rejected.4.3 Tenderers should submit their offer considering the present minimum wages of labour

rates, PF, ESIC, Service Tax ie on due date of tender opening and other rules andregulations applicable from time to time.

4.4 All the rates quoted shall be firm & inclusive of all taxes and duties. No other tax willbe paid by Railways. No variation in rates, for what so ever reason, shall be entertainedduring the currency of contract. Moreover compliance of the provision of minimumwages act PF & ESIC and other relevant Acts should be kept in mind by tenderer whilequoting the rates, since payment to his staff is totally his responsibility.

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4.5 The tenderer should quote the rate considering the leave reserve, rest giver, OT, doubleduty & other miscellaneous expenditure to fulfill the requirement as per clause No. 5 to18 of these special conditions.

4.6 The tenderer should quote the rates considering the fulfillment of payment of wages actof the minimum wages act and any other relevant act as applicable.

4.7 Tenderer on his offer should also explain his plan as to how he offer to meet therequirement of leave reserve/rest giver & maximum no. of staff he ofter deploy atELS/NKJ.

4.8 The contractor shall study & clarify all doubts discrepancies etc. before commencementof work from Sr.DEE/TRS/NKJ or his authorised representative. No excuses for delayof work on this account shall be entertained at later stage.

4.9 The successful tenderer shall have to furnish ownership deed certificate of registrationpower of attorney in favour of the person signing the contract agreement etc.Within 15 days of receipt of letter of acceptance.

4.10 The successful tenderer will be intimated regarding vetting of above said legaldocuments. The tenderer shall arrange for signing of contract agreement within 15days (Fifteen days ) on receipt of letter of acceptance in this connection in case, firmbeing a partnership firm than this contract agreement shall be signed by the partner onwhose name the power of attorney has been issued by all the partners.

4.11 The Applicant Company /Agency /Service Provider must have at least one office inKatni city.

3.0 Scope of Work & Quantity Total quantity of following work is 3650 men days duringentire completion period of work ie 14 months from date of commencement of work.

3.1 The work involves the following stages:3. It is also to be kept in mind that the data operator should be well versed in computer

applications.4. Authorized representative of Sr.DEE/TRS/NKJ here after Section In charge will deputed

all data entry operator in various sections of ELS/NKJ for feeding data/ record ofconcerned section in computers/PCs daily or for weekly/monthly. Data entry operatorwill feed data/record of particular section daily as per instructions and after feeding orcompletion of work on instruction of Section In charge operator will take out print andsubmit hard copies of same to concerned section in charge

5. All the data entry operator will maintain individual daily diary for keeping record of workdone by him. Diary will be verified by concerned Section In charge.

6. Agency/service provider will authorized a person to received and returns the necessarydocuments from the designated official/ Section In charge at ELS/NKJ.

7. After completion of the work, copying of entire data after completion of work, loading ofthe data entered into department's computers.

8. All the services shall be performed by the persons qualified and skilled in computerapplication.

9. The working time of data entry operator at ELS/NKJ will be from 0900 hours to 1700hours, which may be changed at the convenience and approval of competent authority.

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10. There should not be any errors in the data entry for wrong data entry concerned dataoperator will be treated as absent and dealt as per condition no.5.24 . Even a single errorin any records shall be considered as a wrong entry. Record entered would be consideredcorrect if it matches the hard copy record. The approximate total pages will be around 20pages (A4) per day/ operator.

11. i) Educational Qualification: Minimum qualification of data entry operator will beIntermediate / Higher Secondary /10+2 (HSS) with Diploma in Computer from arecognized institution

ii) Essential ;- : a) Knowledge / Certificate in MS Office / Computer Application b) Pass in Typewriting Higher in English from Technical Institution c) Experience in Data Entry in MS ,Excel,Words,Access , Power point, Form of DZK, Developer 2000m Visual Basic , ASP and HTML etc.

3.2 The service provider will be responsible for the safe custody of the records handed over tohim/her till the same are handed over to the designated official and his/her acquaintance istaken by the Contractor.

3.3 The service provider shall be responsible for any act of indiscipline on the part of personsdeployed by him. The Department may require the service provider to remove from the siteof work, any person or persons, deployed by the service provider, who may be incompetentor for his/her/their misconduct and the service provider shall forthwith comply with suchrequirements. The Service provider shall replace immediately any of its personnel, if they areunacceptable to the Department because of security risk, incompetence, conflict of interestand breach of confidentiality or improper conduct upon receiving written notice from office.The service provider has to provide Photo Identity Cards of the persons deployed by him/herfor carrying out the work. The Identity cards are to be constantly displayed & their lossreported immediately. The service provider shall ensure proper conduct of his person inoffice premises, and enforce prohibition of consumption of alcoholic drinks, smoking,loitering without work. The transportation and other statutory requirements in respect of eachpersonnel of the service provider shall be the responsibility of the service provider.

3.4 The service provider shall be contactable at all times and message sent by phone/e-mail/Fax/Special Messenger from the Department to the service provider shall beacknowledged immediately on receipt on the same day. The Service provider shall strictlyobserve the instructions issued by the Railway in fulfillment of the contract from time totime.

3.5 The Department shall not be liable for any loss, damage, theft, burglary or robbery of anypersonal belongings, equipment or vehicles of the personnel of the service provider.

3.6 The service provider on its part and through its own resources shall ensure that the goods,materials and equipments etc, are not damaged in the process of carrying out the servicesundertaken by it and shall be responsible for acts of commission and omission on the part ofits staff etc. if the Department suffers any loss or damage on account of negligence, default ortheft on the part of the employees/agents of the service provider, then the service providershall be liable to reimburse to the Department for the same.

3.7 The service provider shall keep the Department fully indemnified against any such loss ordamage.

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3.8 The Department of Railway may alter or add to the original scope of work, specifications,processes, workflow checks and instructions as may be necessary. The service provider shallcarry out the work in accordance with any such instructions and such alternation or additionshall not invalidate the contract. Any additional work that the service provider may bedirected to do in the manner above specified as part of the work shall be carried out by theservice provider on the same conditions as agreed and at the same accepted rates.

3.9 The necessary demonstration required for performing the data entry work will be imparted bythe officer nominated for the purpose to the service provider and also his representatives atthe first instance. For persons engaged subsequently service provider has to take care ofimparting the training. The service provider should ensure that only trained manpower beallowed to do the work. The service provider should further ensure that the full complementof data entry operators is available during the entire currency of the contract.

3.10 It is the responsibility of the service provider to comply with the prevailing Labour Lawsand minimum wages Act at his cost, risk and responsibility.

3.11 Data entry of data and records, taking hard copies of data entered (paper for printing willbe provided by the Railway), & soft copy of the data entered in DVDs/CDs as detailed in thejob schedule and loading of data entered in ELS/NKJ computers.

3.12 The service provider is forbidden from using the information in the records handed overto him for any other purpose other than the Authorized as stated in the schedule. The serviceprovider's personnel shall not divulge or disclose to any person any details or information ofoffice, operational process, technical know-how, security arrangements, andadministrative/organizational matters as all are of confidential/secret nature. Any misusereported will entail the Contract to be cancelled immediately and the Security Depositforfeited without prejudice to any legal action that may be taken against the service provider.

3.13 Payment will be made to the successful tendered on monthly basis only after successfulcompletion of duties for that period on the basis of actual men days deployed in particularmonth.

3.14 The personnel are required to work for 8 (eight) hours per day. Sundays of the monthare declared off days/rest day but in emergency rest day may be shifted to other day of week.

3.15 Agency/service provider shall submit following certificate before commencement ofwork at ELS/NKJ.

DATA SECURITY

I / We hereby certify that the ELS/New Katni/Jn. of WCR shall have absolute right on thedigital data and output products processed / produced by me / us. I / We shall be responsible forsecurity / safe custody of data during processing. I / We also certify that the digitaltopographical data will not be taken out of the building premises or the vendors premises (as thecase may be) on any media. The original input data supplied to me / us by ELS/New Katni/Jn. ofWCR or digital data and output products processed / produced from input data will not be passedon to any other agency or individual other than the authorized person of ELS/New Katni/Jn. ofWCR. I / We shall abide by all security and general instructions issued by ELS/New Katni/Jn. ofWCR from time to time.

I / We also agree that any ELS/New Katni/Jn. of WCR data from my / our computer system willbe deleted in the presence of ELS/New Katni/Jn. of WCR / observer after completion of the task.

Signature of the witness Signature of the tenderer

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3.16 That the persons deputed shall not be below the age of 18 years and they shall notinterfere with the duties of the employees of the Department.

3.17 The persons deployed by the service provider should not have convicted by any court oflaw or any police or criminal cases against them. The service provider should make adequateenquires about the character and antecedents of the persons whom they are deputing for dataentry work. The character and antecedents of each personnel of the service provider will begot verified by the service provider before their deployment after collecting proofs of identitylike driving license, bank account details, previous work experience, proof of residence andrecent photograph. The Service Provider shall withdraw such persons who are not foundsuitable by the office for any reason immediately on receipt of such a request.

3.18 Staff should not be booked on over time in general. In no case the hrs. of any individualstaff should not exceed 08 hrs./day.

3.19 Data Entry staff if not feeling well/sick, should not perform duty and should not beallowed to do so. Necessary substitute of such staff should be done. If any such staff (Notwell/sick) comes to perform duty he shall not be treated on duty and penalty may be imposedfor absenteeism as per rule and as deemed fit by Railway.

3.20 No residential accommodation can be provided by the Railway Administration for any ofthe employees of the agency.

3.21 Agency/Service Provider/contractor shall furnish daily/periodical attendance positionduly verified by Rlys representative in the manner specified from time to time.

3.22 The agency shall not deploy same staff on double duty on any day of the month withoutprior approval of Sr.DEE/TRS/NKJ or its authorized representative.

3.23 In case of theft/pilferage, the cost of the same shall be recovered from the agency, if it isestablished that, the given responsibility has not been discharged satisfactorily by theagency.The firm will pay for losses of Railway property due to theft of any. Material

3.24 Contractor must note that ensuring availability of staff as per clause No.5.1 & 6.0 is ofutmost importance. Any absenteeism shall be penalized @ Rs.400 /staff/per day .If any staffleave the shed without completion of work as assigned to him shall also be treated absent.This penalty is minimum which shall be deducted from monthly contractors payments butcontractor is bound to pay the wages to their staff as per minimum wages & other CLA actsof state/central Govt

6.0 REQUIREMENT OF THE DATA ENTRY OPERATOR:- Minimum requirement of theData Entry Operator is as under.

S.N. Staff During General ShiftT Per day requirement

a) Data Entry Operator 10 nos. (only in general shift) 10 nos.

6.1 Railway reserves right to review the requirement of number of personnel any time during thecurrency of the contract Contractor may be asked to reduce or increase the no. of Data EntryOperator to be employed. The payment will be made accordingly.

6.2 Data Entry Operator can avail rest on Sunday.

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6.3 Any change in the STAFF should be done with prior approval of Sr.DEE/TRS/NKJ or hisauthorized representative. Any changes without approval will be treated absenteeism of theparticular security personal.

6.4 The agency shall employ only such staff that are of good character, fit, well behaved andskill full in their duties. Police verification report of each security personnel shall besubmitted by firm, and also will under take to discharge the employees who are found to becreating nuisance or who are not able to measure up to the required and it should also be ensuredthat, no police case etc. is pending against such people. The agency shall be sorely responsiblefor all acts of commission / omission of its employees. The labour employed on contract shall bepermanent staff of the security agency & agency will not employ any contract labour. No labouror any undertaking will be taken by Railways as an employee . The security contractor will haveto ensure compliance of the provision of all relevant Acts in this regard, as laid down by theCentral Govt. and State Government.

6.5 The agency shall ensure that all their staff shall have identity cards. This will be at agencysown cost. Contractor shall arrange two identity cards for each staff. One identity card shall beissued to the concerned staff and other should be submitted to Sr.DEE/TRS/NKJ or hisauthorized representative can verify the staff from the identity card. The on duty staff remainalways alert and will not indulge him self with mixing of Railway staff such as sitting togetherwith railway staff ,taking tea with them or playing cards themselves or with Railway staff. If anything noticed of this nature suitable penalty will be imposed on the contractor/agency .This mayalso include suspension/termination of the particular security staff and contractor will abide forthe same and a substitute will be employed by the contractor.

7.0 MEASUREMENT / REGISTER BOOK :- The agency will be required to maintainmeasurement / Register book to guarantee that No. of personnel as decided are actually beingemployed and such books after necessary checking will be counter signed by the railwayauthorities payment shall be made on the basis of actual deployment of guards, supervisor andofficer.

8.0 ABIDING BY VARIOUS CONTRACT / LABOUR LAWS :-

8.1 The successful bidder shall comply with all relevant laws of Govt., including contract labour(Regulation and Abolition) 1970 act 1984, employees state insurance act, provident fund act,employment of children act, untouchability act and other labour laws as amended from time totime. The railway will not provide any kind of safety to the contractors staff.8.2 The contractor shall have to make his own arrangement for safety of his staff. In case ofany injury/death of contractors staff, no claim of compensation shall be entertained by RailwayAdministration. In case, if a compensation/ any other claim is ordered by any court of law/stateGovernment/Central Government against Railway administration in regard to contractors staff /violation of any act, the contractor shall be bound to pay to Railway administration same amountplus Administrative Expenses thereof. The successful bidder shall also indemnify the Railwayadministration against any claims/liabilities under these acts. Also the firm shall comply with allthe rules/norms laid down regarding HOER pertaining to its employees as applicable in thiscase. In addition, agency will have to obtain necessary license from labour commissioner. Thecontractor shall furnish documentary evidence for disbursement of monthly payment to itsemployees. The monthly payment must fulfill the requirements of payments of wages act or anyother act applicable. Submission of documentary evidence of disbursement of monthly paymentto its staff is must for claiming payment under this contract.

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9.0 SECURITY DEPOSIT :- SECURITY DEPOSIT AGAINST CONTRACT VALUE: The Security Deposit/rate of recovery/mode of recovery shall be as under:-

(1) The Earnest Money deposited by the Contractor with his tender will be retained by theRailways as part of security for the due and faithful fulfillment of the contract by thecontractor. The balance to make up the security deposit, the rates for which are givenbelow, may be deposited by the Contractor in cash or may be recovered by percentagededuction from the Contractor's "on account" bills. Provided also that in case ofdefaulting contractor the Railway may retain any amount due for payment to theContractor on the pending "on account bills" so that the amounts so retained may notexceed 10% of the total value of the contract.

(2) Unless otherwise specified in the special conditions, if any, the Security Deposit/rate ofrecovery/mode of recovery shall be as under:

(a) Security Deposit for each work should be 5% of the contract value,(c) The rate of recovery should be at the rate of 10% of the bill amount till the full security

deposit is recovered,(d) Security Deposits 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 BG, FD etc. shallbe accepted towards Security Deposit. Security Deposit shall be returned to the contractorafter the physical completion of the work as certified by the Competent Authority. TheCompetent Authority shall normally be the authority who is competent to sign thecontract. If this Competent Authority is of the rank lower than JA Grade, then a JAGrade Officer (concerned with the work) should issue the certificate. The certificate,inter alia, should mention that the work has been completed in all respects and that all thecontractual obligations have been fulfilled by the contractor and that there is no due fromthe contractor to Railways against the contract concerned. Before releasing the SD, anunconditional and unequivocal no claim certificate from the contractor concerned shouldbe obtained.

(3) No interest will be payable upon the Earnest Money and Security Deposit or amountspayable to the Contractor under the Contract, but Government Securities deposited interms of Sub-Clause (1) of this clause will be payable with interest accrued thereon.

4) Performance Guarantee (P.G) :- The procedure for obtaining Performance Guarantee is out lined below:

(a) The successful bidder shall submit a performance guarantee (PG) in the form of anirrevocable bank guarantee amounting to 5% of the contract value.

(c) The Performance Guarantee shall be furnished by the successful contractor after theletter of acceptance has been issued, but before signing of the agreement. Theagreement should normally be signed within 15 (fifteen) days after the issue of LOAand Performance Guarantee should also be submitted within this time limit. Thisguarantee shall be initially valid up to the stipulated date of completion plus 60 daysbeyond that. In case the time for work completion gets extended, the contractor shallget the validity of performance guarantee extended to cover such extended time forcompletion of work plus days.

(d) Performance Guarantee shall be released after the physical completion of work basedon completion certificate issued by the competent authority stating that contractor hascompleted the work in all respects satisfactorily.

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(e) Wherever the contracts are rescinded, the security deposit should be forfeited and thePerformance Guarantee shall be encashed and the balance work should be got doneindependently and without risk and cost of the failed contractor, the failed contractorshall be debarred from participating in the tender for executing the balance work. Ifthe failed contractor is a JV or a partnership firm, then every member/partner of sucha firm would be debarred from participating in the tender for the balance work eitherin his/her individual capacity or as a partner of any other JV/partnership firm.

(f) The engineer shall not make a claim under the performance guarantee except foramounts to which the president of India is entitled under the contract ( withstandingand/or without prejudice to any other provisions in the contract agreement) in theevent of:i) Failure by the contractor to extend the validity of the performance guarantee asdescribed herein above, in which event the engineer may claim the full amount of theperformance guarantee.ii) Failure by the contractor to pay President of India any amount due , either asagreed by the contractor or determined under any of the clauses/conditions of theagreement, 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 theperformance guarantee shall be forfeited in full and shall be absolutely at the disposalof the president of India

9.1 After signing of the agreement and submission of Performance guarantee, the work hascommenced and the contractor abandons the work with out completing it, then performanceguarantee shall be en-cashed and security deposit recovered so far shall be forfeited .BalanceSecurity deposit recovered from his unpaid dues of the existing contract .If there is still somebalance left, it should be recovered from his other ongoing contracts with this Railway/otherRailway /other Govt. department.9.2 The agreement is signed and the Performance guarantee submitted, there after, the contractordoes not commence the work. In such case ,the performance guarantee shall be en-cashed andthe amount equal to security deposit shall be recovered from the on going contracts of thecontractor. Further, if the contractor is not the working contractor of the railway, then actionwould be taken for recovery of these dues from other railway/ Govt. department.9.3 After issue of letter of acceptance the contractor does not come forward to sign theagreement and does not submit the P.G. within the stipulated time. In such a case, the amountequivalent to PG shall be recovered from the on going contracts. If the contractor is not workingcontractor of this Railway or required amount is not available with WCR, then action will betaken for recover of these dues from his on going contracts with other Railway /Govt.department.9.4 The tenderer withdraws his offer before expiry of the validity period of his offer or issue ofacceptance letter ,whichever is earlier ,then in such a case, his EMD shall be forfeited. In case L-1 with draw s his offer ,then ,tender should be discharged as per extant instructions.NOTE In all the above cases, the failed contractor /tenderer who has withdrawn the offer shallbe debarred from [participating in the tender for executing the work/ balance work. If the failedcontractor /tenderer who has withdrawn the offer ,JV ior a Partnership firm then every memberpartner of such firm shall be debarred from participating in the tender for the balance work eitherin his individual capacity or as a partner of a JV /Partner firm.

10. PERIOD OF AGREEMENT :- Completion period of work is 14 months.

Before under taking the above work, agency will be required to execute an agreement withRailway administration for fulfillment of above mentioned terms and conditions as well asstandard terms/conditions of contract, on WEST CENTRAL RAILWAY.

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The agreement will be valid for a period of the 14 month in the initial stage and likely to beextended by 25 % another period or as per extent rules/conditions of Railways on the sameterms and conditions.

11. TERMINATION OF CONTRACT :-11.1 The railway administration reserves the rights of termination of the contract with immediateEffect. This will also apply, if it is established that, the agency has not been able to follow centralGovt. State Govt. Laws or breached any contract agreement or is not performing well.11.2 The railway administration also receives the right to terminate the agreement by giving onemonth notice there by 48 hrs. notice to this effect to the contractor.12. In case of termination of contract the security deposit of the contract shall be forfeitedexcept in case of para 9.0 above. In case of contract is terminated due to poor performance /violation of any act, the work shall be got done by Railway from other agencies at the risk & costof the contractor. In such case the contractor shall be legally liable to pay for extra expenditureincurred & the losses suffered by the Railway.

13. PF & ESIC :-13..1 The contractor shall register all his staff with PF commissioner & ESIC manager as percurrent PF & ESIC acts of state Govt.The contractor shall deposit employers contribution foreach staff every month with concern Deptt. as per concern acts. This aspect shall be consideredby contractor while quoting the rates for tender.13.2 The contractor shall furnish following information on monthly basic with documentaryevidence there of.a) The registration number of each staff with PF commissioner & ESIC commissioner orManager.b) Details of place where all the staff registered with PF & ESIC deptt.c) Details of employers contribution towards PF/ESIC for each staff for the month for which payment is being claimed.

14. PAYMENT TERMS :-3. 100% Payment shall be made progressive (on account) every month on the basis of total

men days deployed during currency of contract by service provider in particular month.4. Income tax and works contract tax shall be deducted from payment as per rule.5. Payment for the first month shall be made subject to submission of Verified attendance of

staff. Documentary evidence for disbursement of payment to contractors staff for themonth

6. Payment for the subsequent month shall be made subject to submission of all documentsas per clause 13.2 above, and Documentary evidence for deposition of employers sharesas clause No.13.2 for PF & ESIC for previous month. In case of failure, equivalent ofprevious month shall be deducted from current months bill. This deduction shall berefundable on production of necessary documents during the currency of contract.

15. BILL PAYING OFFICER:- Sr.Divisional Finance Manager, Jabalpur ,West CentralRailway, shall be bill paying officer & Sr. Divisional Electrical Engineer (TRS) Electric LocoShed, West Central Railway, New Katni Jn, will be the consignee for the work16. It is also mandatory to provide the following information by the contractor along with bill.

Contractors Bank a/c no. Name of the Bank Specific code of the Bank. PAN No.

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17. SERVICE TAX & Education Cess:- 1) The contractor/ Firm shall be registered with Central Excise Commissioner and copy

of registration shall be submitted with their offer . 2) Contractor /firm shall be liable to submit documentry evidence for deposition of Service Tax with concern department every month before releasing subsequent month of payment.

18. General condition of contract January 1999 or latest of Engineering Department as amendedtime to time shall also be applicable & binding on tenderer. If any condition of GCC falls underspecial condition of this tender, the condition under part of special condition shall be final &binding on successful tenderer/firm/contractor. The interpretation of Engineer of Railwaysshall be final in respect of all contents of this tender

19. CARE WHILE SUBMISSION OF TENDERS: - Each page of the Tender from includingthe covers shall be duly initialed under hand and seal of the tenderer in token of having gonethrough and agreed upon the terms and condition stipulated therein, failing which the tender shallbe treated as invalid and liable for summarily rejection. All the pages shall be returned intact,else the tender may be treated as incomplete.

20. PRICE VARIATION CLAUSE:- The rates accepted are firm and price variation is NOTACCEPTABLE. During the currency of contract at any cost.

21. SUBMISSION OF TENDER-The Tender shall be submitted in sealed covers and dropped in the Tender Box kept in thispurpose, in the office of Sr. Divisional Electrical Engineer (TRS) Electric Loco Shed, WestCentral Railway, New Katni Jn., or send by Registered Post with A.D. so as to reach this officeNot later than 15.00 Hrs, (IST) of 10.09.2009. After closing of the tenders at 15.00 Hrs. Thetenders shall be opened at 15.30 Hrs. (IST on the same date. In case the date of Tender closingand opening happens to be a holiday, the tender shall be closed and opened on the next workingday in the same manner. The tenderers desirous of attending the tender opening may do so attheir own expense22.. FAILURE TO COMPLETE THE WORK WITHIN THE TIME LIMIT:-If the contractor fails to carry out, execute and complete the work to be done by him under thiscontract shall accept a reduction in the Total amount payable to him by the railway at the rate ofhalf % (0.5%) of the contract value of the work per week or part of the week subject to a limit of10% of the total value of the contract for contract value upto Rs.2.00 Lakhs and 10% of the firstRs.2 Lakhs and the 5% for the balance for contract value above Rs.2.00 lakhs. For the actualdelay, occasioned beyond the appointed time and until the work shall have been completed underthe contract and such reduction shall be accepted by the Railway in full satisfaction of theContractors liability arising from delay.

23. LEGAL CHARGES :A fee of Rs. 200/- per legal document, like partnership deed or powerof attorney executed before or after the execution of the contract, will be recovered from thecontractor for obtaining legal Advice from Law Officer.

24. If the tenderer(s) deliberately gives/give wrong information in his /their Tender orcreates/ create circumstances for the acceptance of his / their Tender, the Railwaysreserve the right to reject such tender at any stage.

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25. Omissions and Discrepancies: - Should a tenderer find discrepancies in or omissions fromthe specification or any of the Tender Forms or should he be in doubt as to their meaning, heshould at once notify the authority inviting tenders who may send a written instruction to alltenderers. It shall be understood that every endeavour has been made to avoid any error whichcan materially effect the basis of the tender and the successful tenderer shall take upon himselfand provide for the risk of any error which may subsequently be recovered and shall make nosubsequent claim on account thereof.

3. INSTRUCTION

3.1 If the tender Document is downloaded from Railways internet site then at the time ofsubmission of tender the cost of tender booklet Rs 2000/-(Rs Two Thousand only) shall besubmitted through demand draft payble to Sr.DFM/WCR/Jabalpur. Failing this the tendershall be rejected summarily.

3.2 The tenderer should note that , no alteration must be done in downloaded tender documents.The tender documents along with corrigendums if any available at Sr.DEE/TRS, New KatniJunction, (W.C.Rly) only will be considered authorized version in case of anydispute/variation. It must be noted that the tenderer / firms who are found to be indulging inaltering / ading or deleting the contents of tender documents will be liable to face suitableaction which could be removal from approval list/banning/suspension of business dealing etc.In addition to forfeiture of Earnest Money.

3.3 The advertised tenders are governed by advertised tender document. Latest version of thesame can be downloaded from the link available on the tender notice page on our website atwww.tenders.gov.in .In addition ,General condition contract 1999 ,the basic governingconditions document can also be down loaded from the same location.

3.4 You are requested to kindly carefully go through the relevant instruction Condition /requirement content in tender documents/general conditions of contract ,as the case maybe, before submitting the offer .Various conditions /Instructions will be taken as read andagreed if not specifically indicated to be discharged/ deviated.

3.5 Railway reserve the right to accept / reject any or all tenders with out assigningreasons to any or all tenderers.

26.6 Though all efforts have been made to ensure the correctness of all information in webversion of tender documents. However administration dis-owns any responsibilityregarding incorrectness / data corruption etc. In case of any dispute, the hard office copyof tender document shall be considered as final.

26.7 With the existing system ,it is not possible to keep record of the tenderer down loadingthe tender document. If there be any corrigendum /addendum to the NIT/tender documentthe same will be posted on the website and requirement of separate communication bypost to the tenderer who have already downloaded the tender document will not beapplicable to the tenderers using the tender document down loaded from the website .Itwill be the responsibility of the tenderers down loading the tender documents to checkfrom time to time for corrigendum to the tender if any and submit their offer accordingly.

CONTRACTIOR

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Note :- Please sign and submit this page with the following declaration alongwith youroffer .In absence of this the offer will be rejected without any reference.

DECLARATIONc) I/We have read and understood the above instruction and hear by agree to abide by them.d) I/We am/are encloseing tender document cost Rs.............................vide Demand Draft

No.........................dated ............................issued by ..............................e) Iwe am /are enclosing requisite Earnest money of Rs............................... vide Demand Draft/

Cash receipt/FDR No...........................................dtd.....................issued by..............................f) I/We have filled and signed the tender documents and the same are enclosed herewith.g) I/We declare that the the information /tender form down loaded is original and in the event of

this being different from original tender document ,my tender form may be rejected byRailway administrations including forfetiture of Earnest Money.

h) Declaration by tenderer for the tender document down loaded.

Signature of Contactor Sr.DEE/TRS/NKJ

I/We hereby declare that I/We have down loaded the tendered document from WestCentral Railway web site www.tenders.gov.in and printed the same .I/We have verified thecontent of the printed document from the website and there is no edition no delition and or noalteration to the content of the tender document.

Signature of Contactor/ tendererWith seal and Name

Capacity /Authority to sign Full Adress

27. ARBITRATION:- In the event of any question, dispute or differences arising under these conditions or anyspecial conditions of contract, or in connection with this contract (except as to any matters the decision of which isspecially provided for by these or the special conditions) the same shall be referred to the sole arbitration of personappointed to the arbitrator by the General Manager, if however, the arbitrator is a Railway servant he will not be one ofthose who had opportunity to deal with the matters to which the contract relates or who in the course of their duties asrailway servant have expressed views on all matters under disputes or difference. The award of the arbitrator shall befinal and binding on the parties to this contract. In the event of the arbitrator dieing neglecting or refusing to act, orsigning or being unable to act for any reason, or his award being set aside by the court for any reason, it shall be lawfulfor the authority appointing arbitrator to appoint another arbitrator in place of the outgoing arbitrator in the manneraforesaid. It is further a term of this contract that no person other than the person appointed by the authority as aforesaidshould act as arbitrator and that if for any reason that is not possible, the matter is not to be referred to arbitrator at all.The arbitrator may from time to time with the consent of all the parties to the contract enlarge the time for making theaward. Upon every and any such reference the assessment of the cost incidental to the reference and award respectivelyshall be in the discretion of the arbitrator.Subject as aforesaid, the Arbitration and reconciliation Act 1996 and the rules there under and any statutorymodifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under thisclause. Work under the contract shall, if reasonably possible continue during the arbitration proceedings and no paymentdue to or payable to the contractor shall be withheld on account of such proceedings.The venue of arbitration shall be the place from which the acceptance note is issued or such otherplaces as the arbitrator at his discretion may determine.In this clause the authority to appoint the arbitrator includes, ifthere be no such authority the officer who is for the time being discharging the functions of the authority, whether inaddition to other functions or otherwise.

Contractor / Sr.DEE/TRS/NKJ

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West Central Railway Electric Loco Shed,NKJ

PART-IV

SCHEDULE OF PRICE

Tender No : NKJ/TRS/T/4 /09 Due Date : 10.09.2009Name of Work - Requirement of Data Entry Operator at ELS/NKJ.

S.N.

Description of work Qty. Unit Rate inRs.Per Men day

Total Cost in Rs.

1.0 Requirement / Provision of 10 nos.Data Entry Operator per day forfeeding data/record in computer/PC?sof various sections for day to daymaintenance work of AC locomotivesat ELS/NKJ inclusive of minimumwages, PF, ESIC and service chargesetc.( Total 10 nos. staff required per day)

10 x 365 Mendays =3650Men days

Total cost of work (in figure) : ..............................................................

Total cost of work (in words) : ..............................................................

NOTE:-3. The contractor must carefully read the specification of work, general condition & Special

conditions of work & quote the rate taking the consideration these.4. No variation in rates, for what so ever reason shall be intertained during the currency of

contract. However the provision of minimum wages act, PF, ESIC, Service tax etc asmention in clause No. 4.4 & 4.5 of special conditions should be kept in mind by tendererfor complete period of contract.

5. The contractor should quote the rates in words as well as in figure, the tender offersliable to be rejected if rates are not quoted in words.

6. Please note that the tender may be evaluated/finalized on the basis of total cost ofschedule item 1.0 on the basis of Minimum wages & statutory provisions applicable ontender opening date ie 10.9.2009.

7. The rate quoted in schedule item 1.0 should be firm and without any rebate/discount. Noother rebate/discount are to be quoted.

8. Details of EMD : ...................................................................................................................

9. Details of tender book cost ( if down loaded from govt.web site/net) Demand Draft No.----------------------------------------------------------------------------

Contractor Signature & Address Sr.DEE/TRS/NKJ

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