north central railway

Signature of Tenderer of 48

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NORTH CENTRAL RAILWAY

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ENGINEERING DEPARTMENT

ALLAHABAD DIVISION

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TENDER FORM

( Tender Notice No.1420102011 dated 12.05.2010)

(Tender No.46)

Name of Work:- Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10.


REGULATIONS FOR TENDERS AND CONTRACTS

III NNN DDD EEE XXX Page No. SN CONTENTS DESCRIPTIONS

From To

1. - Corringendum if any - -

1. - TENDER NOTICE (In Hindi & English languages) 03 06

2. TOP SHEET TOP SHEET OF TENDER DOCUMENT 07 07

3. FIRST SHEET Declaration by Tenderer (s) regarding acceptance of various conditions to tender as attached hereto the tender

08 09

4. SECOND SHEET Declaration by Tenderer(s) regarding Earnest Money

10 10

5. THIRD SHEET Schedule of Rates and Quantities of materials 11 19

6. FOURTH SHEET

Instructions to Tenderer(s) alongwith important items:- (a) ITEM NO. 5 (Tenderer’s Credentials ) (b) ITEM NO. 6 (Earnest Money & Security Deposit) (c) ITEM NO. 7 (Performance Guarantee)

20

38

7. - Additional Instructios to Tenderers 39 45

8. - Settlement of disputes – Indian Railway Arbitration Rule-63 46 48


NORTH CENTRAL RAILWAY ALLAHABAD DIVISION

Tender Notice No. 1420102011 Office of Divisional Railway Manager Dated: 12..05..2010. North Central Railway, Allahabad

Divisional Railway Manager (Engineering)/ North Central Railway/ Allahabad, for and on behalf of the President of India, invites SEALED OPEN TENDER on prescribed form for the following work up to 13.30 hrs. on 07.07.2010. The details of the Tender are as under:- SN Tender

No. Name of Work Approx. Cost

of work(Rs.)

Earnest Money (Rs.)

Cost of Tender Form (Rs.)

Comple- tion Period

Date of Opening of

tender

1.

43 Provision of escalator at Allahabad station at Platform No.1,4,6 & Civil Line side under ADEN/HQ/I/ALD. Estt.No.371/09 & 372/09

Rs. 26.89 lacs

Rs.53,780/- 3000/- +7% S.T.

04 Month

07.07.10

2. 44 Improvement of AC system in OT of Central Hospital and provision of truck sheds at SFG under ADEN/HQ/IIALD Estt.No.437/B/09 & 392/B/09

Rs.6.75

Lacs

Rs.13,500/- 2000/- +7% S.T.

04 Month

07.07.10

3. 45 Providing house keeping & Catering services for officers rest house & caretaker & Safaiwala for Kalrav & stadium at rail gaon colony Subedarganj under ADEN/HQ/II/ALD.Estt. No.41/10

Rs.6.04 Lacs

Rs.12,080/- 2000/- +7% S.T.

12 Month

07.07.10

4. 46 Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10

Rs.58.76 lacs

Rs.1,17,520/- 5000/- +7% S.T.

06 Month

07.07.10

5 AVAILABILITY OF TENDER FORM Tender forms shall be available for sale on any working day from 23.06.10 to 06.07.10 between 11.00 hrs. to 17.00 hrs. and 10.00 hrs to 11.00 hrs only on 07.07.10 in the Office of the Divisional Railway Manager (Engineering), North Central Railway, Nawab Yusuf Road/ Allahabad- 211001 (U.P.). In this period, the tender form can be obtained from Chief Office Superintendent Tender / Works Accountant/ Tender Clerk (who so ever is available at the time) in Works Branch-II of above office on cash payment for the cost of tender form as mentioned above. More over, Tender form may also be obtained with the other mode of payment viz. Money Receipt from Divisional Cashier & Pay Master (i.e.DCPM). The Tender Documents can also be downloaded from Railway’s web site www.ncr.railnet.gov.in or Govt. of India portal i.e. http://www.tenders.gov.in from the above mentioned date.

6 PLACE OF DROPPING OF COMPLETED TENDER FORM

The Tender Documents duly filled in all respects and placed in a seal covered envelope super scribed with Name of work tender number and tender notice number must be deposited in Tender box nominated for this purpose within due date and time at any one of the following location:-

1. In the office of the Divisional Railway Manager/ North Central Railway/ Allahabad

2. In the office of Asstt.Divisional Engineer/ HQ/ North Central Railway/Kanpur,

3. In the office of CAO/IRPMU, Shivaji Bridge, (Behind Shankar Market), Cannought Place, New Delhi.

7 TIME, DATE& PLACE OF OPENING OF TENDER

Tenders will be opened publicly at 14.00 hours on due date at all the places simultaneously as specified above for ‘dropping of completed tender form’

8 VALIDITY OF TENDER 90 days from the date of opening

http://www.ncr/

http://www.tenders.gov.in/


a. 15 days for handing over of site, layout plan, design and drawing to the contractor.

b Remaining days for execution of the awarded work. 9 TECHNICAL AND FINANCIAL

ELIGIBILITY CRITERIA Minimum Eligibility Criteria for the work costing more than Rs.20 lacs is as under:

(i) The tenderer should have completed at least one similar single work for a minimum value of 35% of the Advertised Tender value in the last three financial years (i.e. current year and three previous financial years).

(ii) Total contract amount received by the tenderer during the last three financial years and in the current financial year should be minimum of 150% of Advertised Tender value of work. Tenderer is required to submit certificate to this effect which may be an attested certificate from employer/ Client, audited balance sheet duly certified by the Chartered Accountant.

iii) Tenderer(s) should submit the credentials in support of Minimum Eligibility Criteria within 15 days after opening of tender. In case, the tenderer(s) fails/fail to submit the credentials in support of minimum eligibility criteria within 15 days of opening of tender, then his/their offer shall be summarily rejected.

(iv) “Similar work” for minimum eligibility criteria is defined as below: S.N Tender No. “Similar work” for minimum eligibility criteria 1 43 & 46 “Any Civil Engineering Work.” ”

10 APPLICABILITY OF JVs/ CONSORTIUM/ MOUs

JVs/ Consortium/ MOUs shall not be considered

11 RIGHT OF RAILWAY TO DEAL WITH TENDER

Railway Administration reserves the right to postpone /modify or to caany one or all the tenders without assigning any reasons

12 MODE OF PAYMENT The payment of Contractor/ Vender would be made through EFT/ ECS.

Divisional Engineer/Estate-I I N.C. Railway Allahabad

for and on behalf of President of India Copy to:

1. Chief Engineer/ Works/ N.C.R./ Allahabad for kind information please. 2. Sr. EDPM/ N.C.R./ Allahabad with C.D. in PDF format. 3. The Chief Public Relation Officer/ NCR/ Allahabad for wide publication please. Chargeable to 04013021 4. DRM/ NCR/ALD, JHS, AGRA for kind information and n.a. please. 5. ADENS/ CAR, MZP, ALD/ HQ, LINE, FTP, HQ/LINE/CNB, ETW, FZD, TDL/HQ, LINE & ALJN. 6. SMs/ CAR, MZP,ALD, FTP, CNB, ETW, FZD, TDL, HRS ALJN & KRJ. 7.Sr. DEN/ C, I, II, III , IV/ALD. 8.DEN/Track, Planning & Special/ NCR/ALD. 9.SSEs/ CAR, MZP, I TO VI / ALD, FTP, CNB, ETW, FZD, I & II/TDL, HRS, ALJN & KRJ. 10.Sr. DFM/NCR/ALD, Agra, Jhansi & Divl. Cashier/NCR/ ALD. Sr. DFM is requested to kindly ensure to

depute a Finance representative on each nominated place, date and time (as concerned to them) for opening of tender.

11.The Inspector Canington, Civil Lines, Allahabad for arranging Security. 12.Sr. DSC/RPF/ NCR/ Allahabad & ASC/ RPF/NCR/CNB. 13.ADEN/HQ/CNB and ADEN/Line/CNB: They are advised to ensure all the necessary arrangements for

tender opening at Kanpur on the nominated day and time. 14.CAO/IRPMU, Shivaji Bridge, (Behind Shankar Market), Cannought Place, New Delhi.

15.Dy. CVO / NCR/ALD for information please.

16.Sr.DEN/C/ALD, JHS & Agra, Sr.DFM/ALD, JHS & Agra are requested to arrange to open the tender box at a time interms of CE/Works/NCR/ALD letter No.74-W/Tnder/Policy/Part-I

Divisional Engineer/Estate- II

N.C. Railway Allahabad


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NORTH CENTRAL RAILWAY (TOP SHEET)

ALLAHABAD DIVISION OPEN TENDER NOTICE NO. 1420102011 DATED: 12.05.2010 Name of Work:- Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe

line from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10

1 Approx. Cost : Rs.58.76 Lacs.

2 Completion Period : 06 Months

3 Earnest Money : Rs. 117520/-

4 Date of Opening : 07.07.2010

5 When the partnership constituted and deed was executed? :

6 Whether partnership deed and power of Attorney furnished

with the tender?

:

7 The working Contractor should submit a list of works

executed with the value and agreement No. with the tender

:

8 Name and address of party to whom tender sold :

Signature of Supdt/ Tender Signature of Tenderer(s)


(FIRST SHEET)

NORTH CENTRAL RAILWAYALLAHABAD DIVISION

OPEN TENDER NOTICE NO. 1420102011 DATED: 12.05.2010 Name of Work: Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line

from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10.

To, The President of India Acting through the Chief Engineer, Divisional Railway Manager/ Sr. Divisional Engineer, Divisional Engineer/North Central Railway, Allahabad. 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 tender open for acceptance for a period of 90days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money”.

I/We offer to do the following work for North Central Railway: Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line from pump

No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10 at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within 06 Months from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the General Conditions of Contract of North Central Railway (Works Hand Book Part-I & Part–II) upto printed/advance correction slip No. 4 including amendment to General Conditions of Contract (Works Contract) issued vide EDCE(G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 12/16.5.2006 circulated vide Chief Engineer/Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ GCC/ Printing/ WA dated 23.05.2006 and EDCE(G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 30.5.2006 circulated vide Dy. Chief Engineer/ Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ Policy/ Part-II dated 19.06.2006 to carry out the work according to the Special Conditions of contract and Specifications of Materials and works as laid down by Railway in the annexed Special Conditions/Specifications and Schedule of Rates for the present contract. General Conditions of Contract of North Central Railway (Works Hand Book Part-I & Part–II) upto printed/advance correction slips including amendment to General Conditions of Contract (Works Contract) as mentioned above is available in this office for sale and same can been seen by the willing tenderer(s) at any working day and time.

3. A sum of Rs. 117520/- is herewith forwarded as Earnest money. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies in case my/our Tender is accepted and if,

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

(b) I/We do not commence the work within fifteen days after receipt of orders to that effect.


4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a

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

5. Standing or Permanent Earnest Money will not be applicable to this tender. Signature of Witnesses: SIGNATUREOF TENDERER(S) (1)………………………………… ……………………………… (2)………………………………….

ADDRESS OF THE TENDERER(S) ……………………………………

………………………………….. ………………………………


(SECOND SHEET) NORTH CENTRAL RAILWAY

ALLAHABAD DIVISION OPEN TENDER NOTICE NO. 1420102011 DATED: 12.05.2010 Name of Work:- Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line

from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10

To, The President of India Acting through the Chief Engineer, Divisional Railway Manager/ Sr. Divisional Engineer Divisional Engineer, North Central Railway, Allahabad. Sub: Earnest Money. I/We am/are depositing Earnest Money Rs…………………………………………… (in words

Rs……………………………………………………………………………………….........) in the form

of……………………………………………………………………………………………………………………

…………………………………………………………………….. pledged in favour of Senior Divisional

Finance Manager, North Central Railway, Allahabad.

I/ We agree that the aforesaid amount deposited as Earnest Money by me/ us shall be

available for forfeiture if I/ We fail to keep the offer open for the period specified therein or if I/ We fail

to under take the contract after acceptance of the tender.

Signature of Tenderer (s)

Note:- (As mentioned under item No. 6 of Instructions to tenderer) The earnest money should be in cash or in any of the following forms:- (i) 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 the Reserve Bank of India will be necessary.

(ii) Deposit receipt executed by the Scheduled banks (other than the State Bank of India and the Nationalized Banks) approved by the Reserve Bank of India for this purpose. The 'Railways will not, however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India.


NORTH CENTRAL RAILWAY (THIRD SHEET)

ALLAHABAD DIVISION

SCHEDULE OF RATES & QUANTITIES

Name of Work:-Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10

Approx. Cost:- : Rs. 58.76 Lacs. Earnest Money : Rs.117520/- Completion Period : 06 (Six months) (from the date of issue of formal acceptance letter) Date of opening : 07.07.2010

(A) SOR ITEMS

Items covered in NCR’s SOR 2006 Rates to be quoted by the tenderers in % above/below a par SN. Description of Work SOR Cost (Rs.)

Figure Words 1 Percentage above/ below/ at par on the

N.C.R. SOR’2006 for All chapters except chapter No.2. item No.2301(ii) chapter No.12 & 13

504326/-

2. Percentage above/ below/ at par on the N.C.R. SOR’2006 for all item of chapter No.2 except item no.2301/II only.

1174362/-

3. Percentage above/ below/ at par on the N.C.R. SOR’2006 for item No.2301(ii) only.

12880/-

4. Percentage above/ below/ at par on the N.C.R. SOR’2006 for all item of chapter No.13

1579657/-

5. Percentage above/ below/ at par on the N.C.R. SOR’2006 for all items of chapter No.12 only.

16811/-


NOTE (as mentioned in respective clauses of Instructions to Tenderers):- 1. Quantities given above are estimated quantities and some variation may occur during actual

execution of the work and payment for the same will be regulated as per the relevant clauses given in instruction to tenderers.

2. Approximate quantity of each SOR item under this tender schedule are given at page No. 14 to 17 of tender document.

3. Items of works covered in various chapters of Standard Schedule of rates of North Central Railway 2006 has been clubbed together in ONE group and mentioned at S.N. 1 to 5 of above tender schedule. Tenderer should quote single uniform rate or % age (In figure and words) for all items of schedule (as mentioned at S.N. 1 to 5 of above tender) Similarly, single uniform and overall rate/percentage should be quoted for all the NS items.

4. The rate(s) should be quoted in figures and words both. Payment will be made on the basis of actual measurements of works

5. If there is variation between the rate(s) quoted in figures and words, the rate(s) quoted in words shall be taken as correct and considered for evaluation of tender. If more than one or improper rate(s) is/are quoted/tendered for the same item(s), the tender is liable to be rejected.

6. Tenderer(s) is/ are required to quote his/ their rates only on the prescribed tender document at prescribed place therein which is/ are purchased from nominated Railway office or down loaded from the web site of the N.C.R.

7. In case tenderer(s) revise his/ their rates quoted in the prescribed tender from at prescribed place therein through a separate covering letter(s) or otherwise even before stipulated date/ time of tender submission and if this revision is upwardly then lower of the rates will only be considered as offered rates by the tenderer and tender will be dealt accordingly for evaluation.

8. The Tenderer must satisfy the Minimum Eligibility Criteria as mentioned under Item No. 4.0 of Instructions to Tenderer(s).

9(i) Cement and steel for use in the works should be procured by the contractor from main producers/ their authorised dealers/ authorised stock yards which should conform to BIS. To ensure quality control, test certificate of Cement & Steel, from the any Govt. organization such as MLNNIT/ IERT etc. or manufactures should be produced by the contractor, which should conform to the relevant specifications. (Latest may be incorporated).

(ii) Contractor will also ensure to arrange cement bags at site and stock in such a way that it is protected from moisture etc.

(iii) Any bags found defective, shall be rejected by the Engineer incharge. No payment for leading extra shall be paid by the Railway.


10. Cement/Steel to be used the work shall first be supplied to the stores of JE/ SE (Works) in gradual manner as per requirement of work and thereafter it shall be issued to the contractor as per the requirement at site following usual store procedures. No extra lead, handling etc. will be paid for transporting of these materials to the site of work or to the JE/SE (Works) go down whatsoever, before taking the work in hand. Tenderer may take this in to consideration while quoting the rates.

11. Contractor shall remove the dismantled materials immediately out side the Railway area at his own cost. No extra shall be paid on this account.

12. Credentials in the name of firm applying for the work will only be considered.


Schedule of approximate Quantities of SOR Items S.No., SOR Description Qty. Rate Unit Total

Amount

1 01402 Excavation to Railway’s specification in ordinary soil, black cotton, red soil, sandy loam, clay or soft murum.

1341 62.9 M3 84349

2 2101 Cement concrete 1:3:6 in foundations with 40mm graded stone aggregate with shuttering as required.

164.14 1383.9 M3 227153

3 2102 Cement concrete 1:2:4 in foundation with 25 mm graded stone aggregate with shuttering as required.

538.93 1738.2 M3 936768

4 2203 Precast reinforcement cement concrete 1:1½: 3 with 20 mm graded stone aggregate in posts, columns, beams, lintels slabs etc. with Contractor’s forms including fixing with cement mortar 1:2 excluding reinforcement.

3.648 2862.05 M3 10441

5 2301(ii) Supplying, transporting and fixing in all positions High yield strength deformed bars of various diameters conforming to IS: 432 or IS-1786 (Grade Fe415) for reinforced cement concrete works including cutting, bending, hooking as per procedure specified in IS-2502, binding with 18SWG galvanized iron wire including all lead and lift with contractor’s tools and plants, labours, materials, etc. complete as per specifications and directions of Engineer-In-Charge. For Mild steel bars.

0.5842 21619.5 MT 12880

6 4201 Brick masonry IInd sort in foundations and plinth –

(b) In cement mortar 1:6 6.08 1283.65 M3 7805

7 4202 Brick masonry IInd sort in superstructure:

(b) In cement mortar 1:6 7.6 1342.5 M3 10203

8 5205 Plastering over all types of surface like concrete, masonry, etc. 15mm. Thick, including required surface preparations, excluding removing old plaster.

(a) In cement mortar 1 : 6 85.12 43.3 M2 3686


9 5302 Cement plaster with (1: 2) cement mortar 35 mm thick with approved standard & quality of water proofing compound.

1650 114.55 M2 189008

10 7101 Second sort bricks, laid dry on a layer of sand 25 mm to 50 mm thick, filling joints with sand and flush pointing 20 mm deep with cement mortar (1:3) using :

(a) Bricks 75 mm to 90 mm (nominal) thickness

10.5 113.65 M2 1165

11 9307 b Painting with ready mixed paint of approved standard, quantity and shade on steel works supplying required quantity Two Coats or more to give uniform shade for new work..

20.52 103.6 10m2 213

12 12214 Supplying, fabricating and fixing complete steel doors, including door frame made out of angles and fixing in the walls with requisite number of hold fasts of angle or flat and shutter frame made out of angles and flats corner gusset plates & consisting of 1.25 mm thick M S sheet welded. The shutter frame to be fixed with door frame with heavy duty (3 Nos on each side) hinges including providing 2 nos. of 300 mm all drop, 2 nos. of 200 mm tower bolt, 2 nos. of handle with 100 mm clear grip etc. complete with one coat of approved steel primers.

608 27.65 Kg 16811

13 13101 Supplying, laying and jointing mild steel galvanized pipes in all positions with all special including trenching, refilling and consolidating upto 50 cm depth or fixing with standard clamps/cleats by making holes in masonry/concrete as necessary tested to withstand a pressure of 7 Kg/cm2 conforming to I.S. 1239 (Part I and II)

B.2. 20mm bore (2.65mm thick, 1.59 kg/metre length weight minimum)

1800 57.05 M 102690

14 C.8 100mm bore (5.4mm thick, 14.70 kg/metre length weight minimum)

2200 325.65 M 716430


15 13201 Supplying, laying and jointing (Y) of cast iron socket spigot, CLASS ‘A’ pipes in all positions including specials (X) including cutting, with a minimum of 75 cm earth cushion below ground level wherever required including excavation and refilling the earth and watering and ramming as necessary as per I.S. 1536, 1537 and 1538. The pipe line shall be supported on strong supports above ground level which shall be paid extra.

(c ) 150 mm bore 123 895.35 M 110128 16 13203 Supplying, laying and jointing (Y) of

cast iron Double flanged pipes including specials (X) including cutting above ground level in all positions confirming to IS:1536, 1537 and 1538.

(c) 150 mm bore 418 1315.95 M 550067 17 13204 Extra for item No. 13201 and 13202

for each cast iron socket-spigot joint including aligning the pipe, caulking spun yarn and filling the joint with pig lead and caulking the lead joint to make it fit to withstand a test pressure of 20 kgs/cm2.

(c) 150 mm bore 25 421.4 Each Joint

10535

18 13205 Extra for item 13203 for each cast iron flanged joint including aligning the pipe and joining the same with 1.5 mm thick rubber washer nuts and bolts etc.

(c ) 150 mm bore (8 bolts, 20 mm dia) 154 327 Each Joint

50358

19 13207 Extra for socket spigot, socket flanged and flanged specials used in carrying out the work under item 13201, 13202 & 13203. Only specials length along centre line to be measured. Specials conforming to I.S. 1538.

(c) For 150 mm bore pipe 13 725 M 9425 20 13505 Supplying and laying in position cast

iron sluice valve, both ends flanged, class I, with rings, spindle and nuts of ferrous metals with cap including jointing, complete in all respects, tested to withstand a pressure of 20 kg/cm2 (Conforming to I.S. 780E)

(c) 150 mm bore (of weight 71 kgs minimum)

7 3649.3 Each 25545

21 13509 Supplying and fixing brass or gun metal gate valves.

(b) 20 mm bore 38 77.8 Each 2956


22 (h) 100 mm bore 2 761.65 Each 1523 23 17306 Providing and fixing unplasticised

(Rigid) PVC rain water pipes of required dia and of approved quality including connection at terrace and shoe at the bottom, fixing the pipes with PVC clips, making holes in parapet making them good, connecting the pipes with PVC solvent cement, rubber rings etc., complete as directed and a per specification.

a) 110 dia rain water pipes 1058.2 133.15 M 140899 24 19102 Dismantling cement concrete. 24.40 267.65 M3 6531 25 19109 Dismantling brick or stone or cement

hollow blocks in cement mortar. 435.17 138.95 M3 60467

3288036


ISSUE OF IDENTITY CARDS BY CONTRACTORS:

i) The contractors bound to issue identity card to each and every person employed by the him and deployed for executioin of the contract work, as per the prescribed format provided in the tender document (Annexure Attached), at his cost. Failure on the part of the contractor to issue identity cards to their employees will be treated as breach of contract conditions and thereforea will be dealt as per clause No.62 (VII) of GCC.

ii) It is mandatory on the part of every employee, deployed by the contractors to keep

in his possession, the identity card, issued by the contractor through out the execution of the waork. Failure to possess such indentity will be treated as unauthorized presence in the Railway premises. Such person shall be liable for prosecution as per law.

iii) It is mandatory for the contractors to submit the list of the employees issued with

the identity cards and deployed for execution of the particular contract, to the railway’s Engineer at site before commencement of the work and also for any subsequent changes made during the execution of the work.

iv) NO claim whatsoever arising out of implementation of special conditions pertaining

to issue of identity cards shall be admissible.


IDENTITY CARD

IDENTITY CARD SR.NO. --------------------------------------------------------

Space of Photo with contractor’s seal

DATE OF ISSUE ------------------------------------------------------- CONTRACT AGREEMENT NO. ------------------------------------------------------ NAME OF THE CONTRACTOR ----------------------------------------------------- AND ADDRESS. PARTICULARS OF EMPLOYEE I) NAME OF THE EMPLOYEE ------------------------------------------------------- II) DATE OF BIRTH/AGE ------------------------------------------------------- III) PERSONAL IDENTIFICATION MARK ----------------------------------------- IV) PERMANENT ADDRESS --------------------------------------------------------------- (SIGNATURE OF CONTRACTOR) (SIGNATURE/THUMB IMPRESSION (The person who signed the Orginal OF THE EMPLOYEE) Tender document of the contract agreement)


(FOURTH SHEET) NORTH CENTRAL RAILWAY

ALLAHABAD DIVISION INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDER Name of work:: Repairs to drainage of balcony in Type I, II & III quarters, water supply rising pipe line

from pump No.3 to RCC tank No.2 and other misc.works at SFG under ADEN/HQ/II/ALD. Estt. No.36/10.

1.0 The Divisional Railway Manager, North Central Railway, Allahabad, for and on behalf of the

President of India, invites SEALED OPEN TENDERS on prescribed form for the above work. The tenderers must submit their offers on enclosed tender papers in a sealed cover with the name of the work (as above) superscribed over the envelope either by registered post to the address of the Chief Office Superintendent (Engg)/Tender(COS/Engg/Tender), C/O Divisional Railway Manager (Engg.), Ist floor, DRM’s Office, North Central Railway, Civil Lines, Allahabad so as to reach this office not later than 13.30 hrs on 07.07.2010 or deposit in the Special Box allotted for the purpose either in the office of the Divisional Railway Manager, North Central Railway, Allahabad, or in the office of Assistant Divisional Engineer/ HQ/NCR/ Kanpur or in the office of CAO ( IRPMU) IRCOT.building Shivaji Bridge behind Shanker Market, C.Place New Delhi ( for all tender before 13.30 hrs on 07.07.2010 (All the boxes i.e. at Allahabad, Kanpur, New Delhi, will be sealed at 13.30 hrs. on 16.06.2010. Tenders received after the time and date specified above shall not be considered. Any tender delivered or sent otherwise will be at the Risk of tenderers. In case, the opening date happens to be holiday, the tenders will be received and opened on the next working day.

1.1 The tenders will be opened at all the places simultaneously i.e. office of the Divisional Railway Manager, North Central Railway, Allahabad, Assistant Divisional Engineer/HQ/NCR/Kanpur and In the office of CAO ( IRPMU) IRCOT.building Shivaji Bridge behind Shanker Market, C.Place New Delhi on the same day i.e. on 07.07.2010 at 14.00 hrs and rates will be read out in the presence of such tenderers whosoever choose to be present.

2.0 The prescribed tender form shall be obtained from the office of the Divisional Railway Manager, North Central Railway, Allahabad on submitting the Money Receipt of Rs. 5350/- (Rupees Five thousand three hundered fifty only) in which Rs. 5000/- is the cost of tender form and Rs.350/- is Sales Tax @ 7% from Divisional Cashier and Pay Master ( DCPM) Divisional Cash office N.C.Railway Allahabad alongwith application. The tender form may also be obtained through Money Order in name of COS/Tender, DRM Office, N. C. Railway, Allahabad. No other mode of payment will be acceptable. In case tender form is required by post, (not refundable) Rs.500/- shall be remitted extra. Tender form purchased from the office of the Divisional Railway Manager, North Central Railway, Allahabad is not transferable and will be sold on any working day from 23.06.2010 to 06.07.2010 between 11.00 hrs. 17.00 hrs & from 10.00 hrs to 11.00 hrs on 07.07.2010.

2.1 Details of the tender for above work and tender form is also available on web site www.ncr.railnet.gov.in or Govt. of India portal i.e. http://www.tenders.gov.in and tender document can be downloaded from above web site and used for participating in above tender in which case tenderer must deposit the cost of tender form (with tax as mentioned earlier) along with tender through a separate crossed demand draft or Bankers Cheque (Non Refundable) payable at Allahabad in favour of Sr. Divisional Finance Manager, North Central Railway, Allahabad.

http://www.ncr.railnet.gov.in/

http://www.tenders.gov.in/


3.0 GENERAL 3.1 The following documents form part of Tender/Contract:

(a) Tender Forms (First Sheet, Second Sheet, Third Sheet & Fourth Sheet) (b) Instruction to Tenderers & Conditions of Tender, Special Conditions (annexed in tender

document) and Specifications (c) Schedule of approximate quantities (enclosed) (d) General Conditions of Contract and Standard Specifications for Materials and Works (e) Schedule of Rates (f) All general and detailed drawings, if applicable, pertaining to the work which will be issued

by the Engineer or his representatives (from time to time) with all changes and modifications.

3.2 The expression General Conditions of Contract Regulations and Instructions for Tenderers and Standard Forms of Contract, Standard Specifications and Standard Schedule of Rates, which form the basis of contract, where ever occurring in these papers, shall be deemed to mean the following:

(i) North Central Railway Engineering Department Works Hand Book, Part I & Part II, July 2005 as corrected and notified upto date of opening of this tender including amendment to General Conditions of Contract (Works Contract) issued vide EDCE (G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 12/16.5.2006 circulated vide Chief Engineer/ Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ GCC/ Printing/ WA dated 23.05.2006 and EDCE(G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 30.5.2006 circulated vide Dy. Chief Engineer/ Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ Policy/ Part-II dated 19.06.2006.

(ii) North Central Railway Engineering Department Standard Specification for Materials and Works 2007 as corrected and notified upto date of opening of this tender.

(iii) North Central Railway Standard Schedule of Rates 2006 as corrected and notified upto date of opening of this tender.

These can be purchased from the office of Divisional Railway Manager (Engineering), North Central Railway, Allahabad or General Manager (Engineering), North Central Railway, Headquarter Office, Allahabad on usual payment, if available

3.3. The “Special Conditions” and the clause of ‘Instruction to Tenderers’ shall govern the work done under this contract in addition to and/or in part supercession of the ‘General Conditions of Contract and the Standard Specifications, Where there is conflict between Special Conditions/Conditions contained in the Schedule of Items etc. on the one hand and the Standard Specification, General Conditions of Contract, Regulations and Instruction to Tenderers on the other hand the former shall prevail. Any special condition(s) stated by the tenderer(s) in the covering letter submitted along with the tender shall also be deemed to be part of the contract only to the extent that the same have been expressly accepted by the Railway.

3.4 DRAWINGS FOR THE WORK 3.4.1 The drawings for the work, if applicable, can be seen in the office of the Divisional Railway

Manager (Engg.), Allahabad and /or in the office of the concerned Assistant Divisional Engineer at any time during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings (if required) based generally on the drawings mentioned above, will be given by the Engineer or his representative from time to time.


3.4.2 The drawing(s) referred to in the tender and standard specifications are intended to show and explain the manner of executing the work(s). The work(s) shall be carried out in accordance with the directions and to the satisfaction of the Sr. Divl. Engineer/Divisional Engineer in accordance with the drawing and specifications which form part of the contract and in accordance with such further drawing/details and instructions supplementing, attending or explaining the same as may be given by the Sr. Divl. Engineer/Divisional Engineer concerned from time to time

3.4.3 The Railway Administration reserves the right to change or amend the drawing as and when necessary at any stage of the work.

3.4.4 All works shall be done strictly in accordance with the approved drawings/plans and no deviation/departure shall be made by the contractor without the orders of Sr. Divl. Engineer/Divisional Engineer given to him in writing.

3.4.5 In case of doubt as regard to any particulars instructions or ambiguities in the plans, the decision of the Sr. Divisional Engineer shall be final and binding on the contractor(s).

3.4.6 No claim of any kind, whatsoever, will be entertained by the Railway in case the execution of any item of work is held up for want of approved design or late supply of such materials as are to be arranged by the Railway and such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the contractor to claim damages on this account. However, extension of the completion date as may be considered reasonable may be granted by the Railway administration.

3.4.7 The plan(s) and sites are subject to alternations to suit the local conditions and requirements of the Railway and the contractor will have no claim on account of the changes in plan etc.

3.5 CARE IN SUBMISSION OF TENDERS (a) The intending tenderers are advised to study the tender papers carefully. The tenderer

shall also inspect the site of the work and acquaint himself with the local conditions, means of access to the site of work, nature of work and all other matters pertaining thereto.

(b) 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 the works to the entire satisfaction of the Engineer.

(c) The submission of the tender shall be deemed to have been done after study and examination of the tender papers with full understanding of the implications thereof.

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

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

(e) Tenders containing erasures and/or alterations of the tender document(s) is/are liable to be rejected. Any correction(s) made by the tenderer(s) in his/their entries must be attested by him/them.

(f) No scribbling is permissible in the tender documents.

3.6 QUOTING OF RATES ETC


3.6.1 For works based on Schedule of Rates, the tenderer is to quote the overall percentage above/below/at par on the basis of rates contained in the North Central Railway Engineering Department Standard Schedule of Rates of 2006 corrected and notified upto date of opening of this tender and also against each Non Scheduled items, if any work is not based on Standard SOR. The rates should be quoted above/below/at par in the specified place mentioned in the tender schedule.

3.6.2 The rate(s) should be quoted in figures and words both.

3.6.3 If there is variation between the rate(s) quoted in figures and words, the rate(s) quoted in words shall be taken as correct and considered for evaluation of tender. If more than one or improper rate(s) is/are quoted/tendered for the same item(s), the tender is liable to be rejected.

3.6.4 The rate(s) quoted by the tenderers should be inclusive of all taxes, royalty, octori etc. where livable. No claim for Octori or any other taxes, etc. shall be entertained by the Railway at any later stage on any ground whatsoever. If any Tax/Royalty/Octori is quoted extra, the same will neither be considered for evaluation of the tender nor will be paid.

3.6.5 The tenderer(s) shall not increase his/their quoted rates in case the Railway Administration negotiate for reduction of rates. In case of increase in rates by tenderer(s) during negotiation, rates originally quoted will be binding on the tenderer(s).

3.6.6 In case tenderer(s) revise his/ their rates quoted in the prescribed tender from at prescribed place therein through a separate covering letter(s) or otherwise even before stipulated date/ time of tender submission and if this revision is upwardly then lower of the rates will only be considered as offered rates by the tenderer and tender will be dealt accordingly for evaluation.

3.6.7 The tenderer’s rate(s) shall cover the total cost of the work including the supply of materials, labour, machinery, pumps and all other tools and plant etc necessary for the satisfactory completion of the work unless otherwise specifically mentioned in the tender/schedule of items/rates. They shall also cover the assembling and erecting of the work and making down of all sheltering of the formwork.

3.6.8 The rate(s) tendered and accepted by the Railway shall form the basis of payment for the work done by the contractor. All works will be paid for on the basis of actual measurements taken at site.

3.6.9 The rate for any item of work not appearing in the Schedule of Item/Schedule of Rates, which the contractor may be called upon to do, shall be fixed by the appropriate officer of the North Central Railway depending upon the nature of the work and cost involved and shall be fixed by a supplementary written agreement between the contractor and the Railway Administration before the particular item or items of work are executed. A work, for which no rate has been provided for in the schedule of rate, should NOT be executed before a rate has been fixed for the same in writing by the Railway Administration and agreed to by the contractor. In the event of such agreement not being entered into or executed, the Railway Administration may appoint other party/parties to do these work and the contractor(s) shall have no claim for loss or damage on this account.

3.6.10 The rate(s) tendered for in the schedule of items and accepted by the Railway together with the modifications and special conditions shall be used on which contract agreement shall be executed. If any work(s) is/are executed by the contractor(s) without proper agreement the same shall be at his sole and absolute risk and responsibility and the Railway may be at liberty to refuse to accept any liability for such work(s).

3.6.11 The rate(s) quoted by the contractor(s) should take into account the difficulties/ detentions likely to be encountered in course of execution of work and nothing extra on these accounts should be paid for.

3.6.12 The item numbers, description, units and rates given in the schedule of work order are based on the Standard Schedule of Rates of N.C.Rly–2006 corrected upto date and any discrepancy


noticed during the execution of the work(s) in the working, rates, quantity and unit etc. will be rectified by referring to the printed schedule of rates referred above which shall be treated as authority and binding on the contractor(s). The relevant notes applicable to the respective chapters will apply to the items of the tender schedule and should be considered as having been incorporated in agreement and binding on the contractor(s).

3.7 Price variation: (PV clause will be applicable for all tenders of value more than Rs.50 lakh irrespective of completion period ) &

PVC shall not be applicable to tenderer of value less than Rs.50 lakh. 3.7.1 GENERAL PRICE VARIATION CLAUSES: 3.7.2 Adjustment for variation in prices of material, labour, fuel, explosives, detonators shall be determined in the

manner prescribed below: 3.7.3 The percentage component of various items in a contract on which variation in prices shall be admissible

shall be as under: -

Other works contract with provision of separate PVC clause for Cement & Steel

Labour component 30%

Other material component 25%

Fuel component 15%

Explosive component -

Detonators component -

Fixed* component 30%

• No price variation will be admissible on fixed component. NOTE:- If, in any case, the accepted offer includes some specific payment to be made to consultants or some

materials supplied by Railway at fixed rate, such payments should be excluded from the gross value of the work for purpose of payment/recovery of variations.

3.7.4 The amount of variation in prices in the several components (labour, material etc.) shall be worked out by

the following formula: - R’ x (I –Io) P i) L = ------------- x ------- Io 100 R’ x (W-Wo) Q ii) M = --------------- x ------- Wo 100 R’ x (F-Fo) Z iii) U = --------------- x ------- Fo 100

iv) X = R’ x (E - Eo) S


--------------- x -------- EO 100

v) N = R’ x (D-Do) T

--------------- x ----------- DO 100

L- Amount of price variation in labour. M- Amount of price variation in materials. U- Amount of price variation in fuel. X- Amount of price variation in explosive. N- Amount of price variation in detonator. R’= R-Rs-Rc P- Gross value of the work done by the contractor as per on account bill(s) excluding cost of materials

supplied by Railway at fixed price. This will also exclude specific payment, if any, to be made to the consultant engaged by the contractors (such payment will be indicated in contractor’s offer).

Rs- Value of steel supplied by Contrctor as per on account bill in the quarter under consideration. Rc- Value of cement supplied by Contractor as per on account bill in the quarter under consideration.

Io- Consumer price Index Number for Industrial Workers–All India- Published in R.B.I. bulletin for the

base period. I- Consumer price Index Number for Industrial Workers-All India-Published in R.B.I. bulletin for the

first month for quarter under consideration. Wo- Index Number of wholesale prices : By groups and Sub-Groups : All commodities-As published in

the R.B.I. bulletin for the base period. W- Index Number of wholesale prices : By Groups and Sub-Groups - All commodities-As published in

the R.B.I. bulletin : for the first month of the quarter under consideration. Fo- Index Number of wholesale prices : By Groups and sub-groups- for Fuel, Power, Light and

lubricants as published in the R.B.I. bulletin for base period. F- Index Number of wholesale prices : By Groups and sub-groups for fuel, power, light and lubricants

as published in the RBI bulletin for the first month of the quarter under consideration. Eo- Cost of explosive as fixed by DGS&D in the relevant rate contract for the firm from whom purchase

of explosive are made by the contractor for the base period. E- Cost of explosive as fixed by DGS&D in the relevant rate contract for the firm from whom purchase

of explosive are made by the contractor for the first month of the quarter under consideration. DO- Cost of detonators as fixed by DGS&D in the relevant rate contract for the firm from whom

purchase of detonator are made by the contractor for the base period. D- Cost of detonators as fixed by DGS&D in the relevant rate contract for the firm from whom

purchase of detonator are made by the contractor for the first month of the quarter under consideration (contractor’s offer).

P- % of labour component. Q- % of material component Z- % of fuel component. S- % of explosive component. T- % of detonators component.


Note: (i) The index number for the base period will be the index number as obtained for the month of opening of the tender and the quarters will commence from the month following the month of opening of tender. If the rates quoted in the negotiated tenders are accepted, the base month for PVC will be month in which Negotiations are held.

(ii) Weightage would be applied on the value arrived at after deducting the cost of steel and cement from the total contract value.

3.7.5 PRICE VARIATION CLAUSE FOR STEEL AND CEMENT WILL BE CALCULATED SEPERATELY FROM

ALL OTHER ITEMS: - Prices of Cement are to be linked with the Wholesaale Price Index of the respective subgroups as per RBI

Index Numbers Henceforth, the formula for calculating the amount of variation on account of variation in prices of Cement would be as indicated below:- PRICE VARIATION FOR CEMENT The Variation in price of cementl will be governed by the following formula:

Mc=Rcx(Wc-Wco)/Wco Where,

Mc = Amount of price variation in Cement. Rc= Value of cement supplied by Contractor as per on account bill in the quarter under consideration.

Wco= Index No. of Wholesale Price of sub-group ( of Cement) published in RBI Bulletin for the base period. Wc= Index No. of wholesale price of subgoup ( of cement) published in RBI bulletin for the first month of the

quarter under Consideration. PRICE VARIATION FOR STEEL ITEMS

The Variation in price of steel will be governed by the following formula: Ms=Q ( Bs – Bso) where Ms= Amount of price variation in steel payable / recoverable Q = Weight of steel in tones supplied by the contractor as per the on account bill for the month under

consideration. Bs =SAIL’s ( Steel Authority of India Limited) ex- works price plus Exice Duty thereof (in reupees per tonne)

for the relevant category of steel supplied by the contractor as prevailing on the first day of the month in which the steel was purchased by the contractor ( or ) as prevailing on the first day of the month in which steel was brought to the site by the contractor, whichever is lower.

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

NOTE A : (i) Relevant categories of steel for the purpose of operating the above price variation formula based

on SAIL’s ex – works price plus Excise duty thereof as under: S.No. Category of steel supplied in the

Railway work Category of steel produced by SAIL whose ex-works price plus excise duty thereof would be adopted to determine price variation.

1. Reinforcement bars and other rounds

TMT 8mm IS 1786 Fe 415

2. All types and sizes of angles. Angle 65x65x6mm IS 2062 E250A SK 3. All types and sizes of plates PM plates above 10-20 mm IS 2062 E 250A

SK 4. All types and sizes of channels and

joists. Channel 200x75mm IS 2062 E250A SK

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

Average of price for the three categories covered under S.No.1, 2, 3 above.

(ii) The prevailing ex works price of steel per tones as on 1St of every month for the above categories of steel as advised by SAIL to Railway Board considered for the above calculation.

(iii) Proof of date of purchase of steel shall be provided by the contractor. (iv) Date of supply of steel items at site shall be maintained on a separate register. In case of any

dispute in date, decision of engineer’s representative shall be final.


(v) Weight of steel shall be calculated as per actual measurement and sectional weight. 3.7.6 The adjustment for variation in prices if required shall be made once every quarter in the on account

payments. If more than one on-account payment is made to the contractor in a quarter the adjustment, if required, shall be made in each bill.

3.7.7 The price variation is payable / recoverable during the original completion period as specified in the contract agreement and also extended period of the contract if the extension has been granted on administrative ground under clause 17-A (i), (ii) & (iii) of general condition of contract. No price variation shall be payable / recoverable for all extensions of time granted under clause No.17-B of General conditions of contract.

3.7.8 The demands for escalation of the cost may be allowed on the basis of provisional indices made available by the Reserve Bank of India. Any adjustment needed to be done based on the finally published indices is to be made as and when they become available.

3.7.9 There will be no change in other provisions contained in Board’s letters No.80/W1/CT/10 dated 25.4.1980, No.85/W1/CT/7 dt.20.01.1987 and No.85/W1/CT/7 dt.04.04.96.

3.7.10 It is clearly indicated that price variation implies both increase as well decrease in input prices and therefore, price variation during the currency of the contract may result in extra payment or recovery, as the case may be.

3.7.11 he provisions shall be applicable with prospective effect. 3.8 OMISSIONS AND DISCREPANCIES Should a tenderer find discrepancies in or omissions from the drawings or any of the Tender

Forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written instruction to all tenderers. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account there of.

3.8 SCHEDULED COMPLETION AND MAINTENANCE PERIOD OF THE WORKS 3.8.1 The works are required to be completed within a period of 06 (Six) months from the date of

issue of acceptance letter.

3.8.2 COMPLETION PERIOD: (a) The completion period as given above will be the over all time for the completing of the work

including handing over of site/Plans etc.

(b) The site /Plans will be handed over with in 10 days of issue of LOA.

3.8.3 The contractor(s) shall maintain the work for a period of 06 months from the date of issue of completion certificate by the Engineer-in-charge

3.9 VALIDITY PERIOD OF OFFER

The tenderers shall keep the offer open for a minimum period of 90 days from the date of opening of tender and being extended further if required by mutual agreement from time to time. Any contravention of the above conditions will make the tenderer liable for forfeiture of his Earnest Money deposit. The tenderer cannot withdraw his offer within the period of validity/extended validity.

3.10 In case of the Limited Tenders, Contractors approved in the higher monetary slab for a particular category of work shall not be allowed to participate for works in the lower monetary slab unless they are separately registered in the lower monetary slab for a particular category of work.

3.11 JVS/Consortiums/MOUs shall not be considered. 3.12 EMD in any other form than specified shall not be accepted in any circumstances.

3.13 Mode of Payment:


The successful tenderer on award of contract. All payment to the contrctors/Vendors should be made through ECS/EFT. The following information is to be submitted by the contractor duly certified by the concerned branch of the banks.

i) Centre ( City Code)

ii) IFSC code ( Bank Branch specific No.)………

iii) Name of Bank…….

iv) Branch Code………

v) Benificiary Name…….

vi) Account Number ………

vii) Type of Account………….

3.14 In case of supply of materials/ballast, Form 3-D will be issued to the party/parties who furnish his/her/their Sales Tax Registration number and date under Sales Tax Act. The Railways shall make no refund on account of Sales Tax

3.15 Railway Administration can draft Vehicles and equipments of Contractors in case of accidents/ natural calamities involving human lives.

3.16 At such of the locations where contractor road vehicle are permitted to ply adjacent to the running lines an experienced gang man shall be posted as flagman at the cost of the contractor to prevent accidents.

4.0 MINIMUM ELIGIBILITY CRITERIA & SOLVENCY 4.1 The Tenderer must satisfy the Minimum Eligibility Criteria as described below for adjudging

the validity/consideration of his offer (for works costing more than Rs. 20 lacs). Cut off date for the same will be date of opening of tender.

SN Description of Item Minimum eligibility requirement 1 The Tenderer should have

completed in the last three financial years (i.e. current year and three previous financial years)

At least one similar single work (as defined under), for a minimum value for 35% of Advertised Tender Value of work. “Similar Work” for minimum eligibility criteria is defined as “Any Civil Engineering Work.”

2 Total contract amount received by the Tenderer during the last three financial years and in the current financial year.

This should be a minimum 150% of advertised tender value of work. Tenderer is required to submit certificate to this effect which may be an attested certificate from employer/ Client, audited balance sheet duly certified by the Chartered Accountant. Tender committee would satisfy themselves about the authenticity of the certificates produced by the tenderer(s) to this effect.

NOTE: Similar nature of works physically completed within the qualifying period, i.e the last 3 financial years and current financial year should only be considered in evaluating the eligibility criteria.

4.2 The Tenderer must submit their credentials in support of establishing the Minimum Eligibility Criteria as described under item No. 4.1 above otherwise his/their offer shall be considered as invalid. Certificates from private individuals from whom such works are executed/ being executed should not be accepted.

4.3 For work with estimated cost more than 1.0 Crores rupees, contractor/tenderer shall submit the details regarding volume of works handled, turn over, balance sheet etc. to examine their financial soundness.

5.0 TENDERER’S CREDENTIALS

5.1 The tenderers should submit copies of certificates and testimonials with regard to their experience in the line of work and financial status without which the Railway reserves the right


to reject the tender. Such certificates and testimonials should be either in original or true copies attested by a Gazetted Officer.

5.2 Tenderers should submit along with his/their tender credentials to establish

(i) His capacity to carry out the works satisfactorily. (ii) His financial status supported by Bank Reference and other documents.

5.3 The tenderers should submit the following DOCUMENTS with the tender for evaluating their credentials for the work

(i) Details of Registration/Enlistment with Railways, P.W.D., Irrigation or other department (Attested copy to be enclosed).

(ii) Partnership Deed/Affidavit in case of proprietorship firm, Power of attorney & Registration details of the company in original or attested copies.

(iii) List of Machinery & Plants available such as crushers, dumpers, trucks, loaders etc. (Give a proof of ownership like bill, registration details and capacity etc.)

(iv) List of additional machinery proposed to be purchased if the work is allotted. (iv) Original/attested document showing annual turnover for last three years.

(vi) Details of works with cost carried out with the Railway and with any other Government

department or its under takings in the last three years including works in progress (Enclose attested certificates from Engineer In-charge of the work on the following proforma

6.0 EARNEST MONEY AND SECURITY DEPOSIT 6.1 Matters pertaining to Earnest Money and Security Deposits shall be governed by the relevant

clauses of the General Condition of the Contract of North Central Railway with all correction slips and amendments and applicable to contract. The relevant provisions in this regard have been given below for ready reference. However in case of any discrepancies/ambiguity, provision of the GCC shall be taken as the final and binding.

Name of work

Agreement no. & date

Agreement Cost

Date of commencement

Date of completion aper Agreement

Actual datof completion

Completion cost

6.2 The tender must be accompanied by a sum of Rs 117520/- as per following criteria

Value of the work ( Tender value) EMD

For works estimated to cost upto Rs.1.0 crore 2% of the estimated cost of work

For works estimated to cost more than Rs.1.0 crore

Rs.2.0 lacs plus ½ % ( half pecent) of the excess of estimated cost of work beyond Rs.1.0 crore subject to a maximum of Rs.1.0 crore.

Earnest money deposited in cash or in any of the forms as mentioned below duly pledged in favour of Sr. Divisional Finance Manager, North Central Railway, Allahabad, failing which the tender will not be considered,

6.3 The earnest money should be in cash or in any of the following forms: (i) 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 the Reserve Bank of India will be necessary.

(ii) Deposit receipt executed by the Scheduled banks (other than the State Bank of India and


the Nationalized Banks) approved by the Reserve Bank of India for this purpose. The 'Railways will not, however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India.

6.4 The tenderer(s) should note that, in any case, the Earnest Money in any other form than specified above shall not be acceptable.

6.5 The Tenderer(s) shall keep the offer open for a minimum period of 90 days from the date of opening of the Tender. It is understood that the tenders documents has been sold/issued to the Tenderer(s) and the Tenderer(s), is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to Divisional Railway Manager, North Central Railway, Allahabad. Should the tenderer fail to observe or comply with the forgoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railway without prejudice to any other rights or remedies.

6.6 The Earnest Money deposited by successful tenderer(s) will be retained towards the Security Deposit for the due fulfillment of the contract but shall be forfeited for breach of any of the tender conditions of tender agreement of the contract or if the contractor fails to execute the agreement or start the work within a reasonable time (to be determinable by the Engineer Incharge) after notification of acceptance of his/her/their tender.

.6.7 The Earnest Money will be returned to unsuccessful tenderers within reasonable time but the Railway shall not be responsible for any loss or depreciation that may happens to the security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents. The Railway is not liable to pay any interest on the Earnest Money for the period it is kept in the possession.

6.8 The Earnest Money deposited by the successful tenderer with his tender will be retained by Railway as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the contractors “on account” bills. Provided also that in case of defaulting contractor the railway may retain any amount due for payment to the contractor on the pending “on accounts bill” so that the amounts so retained may not exceed 10% of the total value of the contract.

Unless otherwise specified in the special conditions, if any, the Security deposit/rate of recovery/ mode of recovery shall be as under:-

(a) Security deposit for each work shall be 05% of the contract value (b) Rate of recovery shall be at the rate 10% of the bill amount till the full

security deposit is recovered. 6.9 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 instruments like BG, FD, etc. shall be accepted towards Security Deposit.

6.10 Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this competent authority is of the rank lower than J.A. Grade, then a JA Grade 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 the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the Security Deposit, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

7.0 No interest will be payable upon the Earnest Money and Security Deposit or amount payable to the Contractor under the Contract.


8.0 PERFORMANCE GUARANTEE (PG)

Matters pertaining to Performance Guarantee shall be governed by the relevant clauses of the General Condition of the Contract of North Central Railway with all correction slips and amendments issued and applicable to contract. The relevant provisions in this regard have been given below for ready reference. However in case of any discrepancies/ambiguity, provision of the GCC shall be taken as the final and binding.

8.1.1. Performance Guarantee shall be obtained from the successful bidder as per the procedure outlined below:-

8.1.2 The successful bidder is required to give may give Performance Guarantee amounting to 5% of the contract value duly pledged infavour of Sr.DFM/NCR/ALD within 15 days from issue of letter of acceptance failing which intrest will be applicable as per prevalent norms w.e.f expirty of 15 days period.:

It can be given in any of following forms:

:

(i) a deposit of Cash,

(ii) Irrevocable Bank Guarantee,

(iii) Government Securities including State Loan Bonds at 5 percent 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 deposits Receipts tendered by all scheduled Banks:

(vi) A Deposit in the Post Office Ssaving bank:

(vii) A Deposit in the National Savings Certificates;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National defence Bonds; and

(xi) Unit Trust Certificastes at 5 percent below market value or at the face value whichever is less.

(b) A Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance

has been issued, but before signing of the agreement. The agreement should normally be signed within 15 days after the issue of LOA and the Performance Guarantee shall also be submitted within this time limit. The guarantee 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.

(c) 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 contract or has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’.

(d) Wherever the contract is rescinded the security deposit 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 for 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 either in his / her individual capacity or as a partner of any other JV / Partnership firm.

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

herein above, in which event the Engineer may claim the full amount of the Performance Guarantee.

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

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

(f) It the performance guarentee is not submitted within the specified period an interest will be charged on prescribed rates for delayed period.

9.0 VARIATION IN QUANTITIES OF ITEMS IN THE CONTRACT

9.1 Railway reserves the right to increase or decrease the quantity of any item. Due to variation in contract quantities, the regulatory mechanism for controlling payment shall be as under

9.2 The procedure as detailed below shall be adopted for dealing with variation in quantities during execution of works contracts:-

(i) Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment

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

considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender is considered not practicable, negotiations may be held with the existing contractor for arriving at reasonable rates for additional quantities in excess of 125% of agreement quantity.

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

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

(iv) No such quantity variation limit shall apply for foundation items.

(v) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as

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

(vi) For the tenders accepted at the Zonal Railway level, the variation in the quantities will be approved

by the authority in whose powers the revised value of the agreement lies.

(vii) For tenders accepted by the General Manager, variations up to 125% of the original agreement value (even if the revised agreement value is beyond GM’s competence to accept tenders) may be accepted by General Manager.


(viii) For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

(ix) The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided.

9.3 Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation whatsoever upto the limit of 25% variation in quantity of individual item of works.

9.4 In case of earthwork, variation limit of 25% shall apply to the gross quantity of earthwork and variation in the quantities of individual classification of soil shall not be subject to this limit.

9.5 In case foundation work, no variation limit shall apply and the work shall be carried out by the contractor on agreed rates irrespective of any variation.

10.0 RIGHTS OF THE RAILWAY TO DEAL WITH TENDER 10.1 The authority for the acceptance of the tender will rest with the Railway. It shall not be

obligatory on the said authority to accept the lowest tender or any other tender and no tenderer (s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders.

10.2 The competent authority of Railway for the acceptance of the tender reserves the right to divide the tender amongst more than one tenderers, if deemed necessary.

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

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

10.5 The Administration reserved the right to split up the work without reference of tenderers and may accept the tender in respect of any such portion of the work.

11. 0 EXECUTION OF THE CONTRACT DOCUMENTS: 11.1 The successful tenderer(s)shall be required to execute an agreement with the President of

India acting through the Divisional Railway Manager/ Senior Divisional Engineer/North Central Railway, Allahabad for carrying out the work.

11.2 In the event of any tenderer whose tender is accepted shall refuse to execute the contract document as herein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and to recover the damages for such default.

12.0 PARTNERSHIP DEEDS, POWER OF ATTORNEY ETC. 12.1 The tenderers should submit the constitution of their firm and the Power of Attorney, if any.

They are also required to disclose whether they are carrying on business as individual, as sole proprietor or in the partnership consisting of several named partners or as a company incorporated under companies Act.


12.2 The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual

signing the tender documents. The Railway will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the extension of the contract. It may, however, recognize such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

12.3 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner (s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration.

12.4 The cancellation of any documents such as Power of Attorney, Partnership deed, etc. should be forthwith communicated by the contractor to the Railway Administration in writing, failing which the Railway Administration shall have no responsibility or liability for any action taken on the strength of the said documents.

12.5 If the contractor’s firm is dissolved on account of death or retirement of any partner or for any other reason whatsoever before fully completing the whole work or any part of it undertaken by the principal agreement, the partner shall remain jointly, severally and personally liable to complete the work to the satisfaction of the Railway due to such dissolution.

13.0 Employment/Partnership, etc. of Retired Railway Employees:-

(a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding a pensionable post or not, in the Engineering department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or a retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors, or should a tenderer have in his employment any retired engineer or 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 case where such Engineer or Officer had not retired from Government service at least 2 years 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 or a Director as the case may be, or to take the employment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorized by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. 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 be, shall be rejected. (b) Should a tenderer or contractor being an individual on the list of approved Contractors, have a relative(s) or in the case of a partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in Gazetted capacity in the Engineering Department of the North Central Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract.


14. 0 The contractors are required to produce licenses as enjoined in the Government of India Contract Labour Regulations and Abolition Act, 1970. They shall not be allowed to undertake or execute any work through contract labour except under and in accordance with a licenses issued under the stipulated Act in that behalf by the authorized licensing officer.

15.0 The contractors shall thoroughly familiarize themselves with provisions of the Contract Labour Act-1970 and Contract Labour Central Rules, 1971 and submit a certificate to the Senior Executive Engineer/Divisional Engineer/ADEN Incharge of the work indicating whether the provisions of said act and rules are applicable to him/them. In case the said act and rules are applicable, the contractors shall take action indicated in para 28.1.

16.0 The contractor(s) shall observe all the formalities, perform all the acts and abide by all the provisions contained in the Contract Labour Act-1970 and Contract Labour Central Rules, 1971 which in addition to other stipulations provides that:-

(a) The contractor(s) shall obtain license(s) from appropriate licensing officer of the area before commencement of the work and shall produce a copy thereof along with the original to the ADEN/DEN, which will be returned to the contractor after verification. Similar action will be taken by the contractor(s) at the time of renewal of license(s).

(b) The contractor(s) shall provide rest rooms, canteens, latrines, urinals, washing facilities and first aid facilities strictly in accordance with the provisions of Section 40 to 62 of the Contract Labour Central Rules-1971. If these facilities are not provided by the contractor(s), the same may be provided by the Railway and amount incurred /spent for the same will be debited to the contractor(s).

(c) The contractor(s) shall pay wages to his/their labour in a manner laid down in the Section-63 of the Contract Labour Central Rules, 1971 in the presence of Sr. Divisional Engineer//DEN or his authorized representative.

(d) The contractor(s) shall keep and maintain necessary register or record, issue employment cards, service certificates and display notice in accordance with the Section-75 to 82 the Contract Labour Central Rules-1971.

17.0 In case in which by virtue of Section-20(2) & 21(4) of the Contract Labour (Regulation and Abolition) Act-1970, Railway is obliged to provide amenities and/or pay wages to labour employed by the contractor directly or through petty contractor or sole contractor under this contract then the contractor(s) shall indemnify the Railway fully and the Railway shall be entitled to recover from the contractor, the expenditure incurred by the Railway on provision of the said amenities. The decision of Engineer in this regard shall be final and binding on the contractor.

18.0 WATER SUPPLY FOR THE WORK The contractors shall be responsible for the arrangements to obtain supply of water necessary for the works at their own expenses. In case where the Railway supplies the water, recoveries will be regulated as under:

18.1 WATER SUPPLY FROM THE RAILWAY SYSTEM: At the request of the contractor(s) the Railway may supply part the whole of the quantity of water required by the contractor(s) for the execution of works from the Railway’s existing water supply at or near the site of work as may be convenient to the Railway in the following terms and conditions.

(a) FROM PIPED WATER SUPPLY: If water is supplied from the existing piped water supply system, a charge on this account will be made at the rate of 1% on the amount of bills pertaining to the items on which water has been used. If pipe line/lines in addition to those already existing are asked for by the contractor(s), the cost of the same and all charges incurred in laying including supervision and departmental charges laviable under the extent rules for deposit works will also be payable by the contractor(s) or alternatively the contractor(s) may provide and lay his/their own pipe line(s) after obtaining written permission from the Engineer, who may at his/her discretion decline to grant such a permission.


(b) WATER SUPPLY FROM RAILWAY WELLS AND/OR RAILWAY HAND PUMPS: Where there is no piped water supply arrangement with the railway, it may at the request of the contractor allow the use of Railway hand pumps and/or wells constructed by the Railway free of charge, provided the contractor shall not be entitled to any compensation for stoppage of work and his having to make other alternative arrangement in case the Engineer finds necessary in the interest of the Railway to cancel the permission so granted to the contractor.

(c) The Railway administration shall not guarantee adequate or regular supply of water from its water supply system i.e. either from piped water supply or from hand pumps and/or open wells. The Railway shall also reserve the right to refuse permission to the use of water from its water supply system and/or call upon the contractor to stop making use of Railway water at any time by giving 3 days notice to the contractor if it is considered necessary in the interest of the Railway by the Engineer or his/her representative, in which case the contractor(s) will have to make his arrangement for sufficient water for proper execution of work. The contractor shall not be entitled to any compensation for interruptions or failure or inadequacy of water supply and also in the event of withdrawal of permission for use of water from Railway sources.

(d) Arrangement in subpara (b) above shall not ordinarily be permitted except when permission to make use of Railway piped water supply system is refused by the Railway.

18.2 The contractor must make his own arrangement for the supply of good drinking water to the workmen employed under him in connection with this work.

19.0 MATERIAL 19.1 Supply of Materials by the Contractors

(a) The material(s) to be supplied/used by the contractor should conform to the Standard Specification as per North Central Railway Engineering Department Hand Book of Standard Specification for Materials and Works 2007 and relevant IS specification (latest version) as and where specified. Before the materials are used in work(s) they should be passed by the Engineer-in-charge at the sites of delivery and his/her decision would be conclusive and binding on the contractor. Should any materials be found not according to the Standard Specifications, the contractor shall immediately remove such materials from the Railway premises at his own cost. In the event of the contractor failing to do so the Engineer may ensure it to be removed and all costs of such removal shall be payable on demand by the contractor to the Railway.

(b) It should be clearly understood that the labour & materials rates in the schedule of rates include wastage and wash away either due to rains or storms or floods or any other cause whatsoever. They shall also include any clearing of Jungles dressing & leveling of surface etc. that may be necessary for stacking the materials at site of work prior to their being used on the work.

(c) If only limited area is available at site of work, stacking of materials may be done at other place not far away from the site of work. In such case no extra lead or any other claim for carriage of materials to the site of work shall be entertained.

19.2 If any material is supplied to the contractor at his request for any item of work for which labour and materials rates have been accepted, the issue of such material(s) will be treated as a sale outside the contract and the recovery on account of material(s) supplied will be made in accordance with code Rule 1430(b) which provides for recovery either at the market rate prevailing at the time of supplying to be specified by the Divisional office or the issue rate which ever is higher plus prescribed percentage charged on account of freight and supervision charges. No carriage or incidental charges will be borne by the Rly. The contractor cannot however claim the issue of such materials by the Railway in accordance with this contract if he is required to arrange such material(s) himself.

19.3 (i) Railway material like cement and steel, if required to be supplied as per agreement, will be supplied by the Railway at the IOW’s Godown. No extra lead, handling etc will be paid for


transportation of these materials to the site of work. Tenderers may take this into consideration while quoting the rates.

(ii) Where there is no godown of the IOW, all such Rly. Material(s) will be handed over to the contractor at the Rly station building where quarters are to be constructed/work is to be executed and the contractor(s) will make his own arrangements for transporting them to the site of work. No lead, lift etc. from the station building to the site of works will be paid by Railway and the rates quoted for the work should include all such charges.

(iii) In case cement or steel is to be issued to the contractor either free of cost or on cost to be recovered for use on the work, the supply thereof shall be limited to the quantity/quantities calculated by the Railway according to the prescribed specification and approved drawing(s) as per agreement. The cement and steel issued in excess of the requirement as above shall be returned by the contractor to the railway immediately. If contractor fails to return the said stores, then such cement and steel issued in excess of the requirement as calculated by the Railway according to the specification and approved drawings will be recovered from contractor’s due at twice the prevailing procurement cost at the time of last issue +5% freight only.

19.4. The contractor(s) will be responsible for storing cement at the site of work according to the condition of contract and standard specification. The empty bags shall be the property of the contractor and the cost of the same will be recovered at the Rate of Rs.2.00 per cement empty bags or as specified by Railway from time to time from the bill of the contractor.

19.5 The Railway Administration will not be responsible to grant/arrange the permit for deploying truck or for supply of petrol Motor vehicles for transporting materials. Applications of contractors for these will simply be forwarded to the authorities concerned for disposal.

19.6 No Railway pass or concessional travel facilities will be given to the contractor or his agents and labourers for execution of the work(s) nor any concession will be allowed for transport or materials by the Railway required for execution of work(s).

19.7 All materials carried by Rail shall be the responsibility of the contractor and no claim, whatsoever for non-supply of wagons or materials damaged or pilfered or lost in transit shall be entertained. The claim against the Railway as carriage shall be governed by the rules regarding carriage by the Rail of public materials.

19.8 No leading, unloading charges, lead, lift crossing of lines, handling and hand shunting of wagons and freight charges if any will be paid for his material to the contractors. Demurrage charges in the wagons, if any, shall be paid by the contractor and it would be his own obligation to unload the consignment and release the wagon with in the time limit.

19.8 In case of movement of cement or certain material(s) in particulars directions is restricted, the Railway shall not in any way be liable to assist the contractor in obtaining the relaxation of any such restrictions for transporting the materials. Necessary recommendation for the movement of such materials for use in the work will be granted when necessary but no claim will be entertained on this account.

19.10 All brick work(s) unless otherwise instructed shall be done with well burnt bricks or selected Jham bricks as laid down in N.C.Rly., Standard Specification for Materials and Work -2007.

19.11 The contractor(s) shall not dig pit a within Railway land for extracting single or earth for mortar which must be arranged from outside for which no lead, lift or royalty will be paid.

19.12 No earth rubbish or refuse will be allowed to be dumped in the Railway area.

19.13 The contractor shall also provide at his own cost reference pillars for setting out the work as considered necessary by Engineer In Charge for the proper layout and execution of the work. No charges whatsoever shall be paid by the Railway for either making these pillars or for materials required for these pillars. It will be sole and absolute discretion of the Engineer-in-charge at site to decide the number(s) and type(s) and height of pillars to be provided and his/her decision will be final, conclusive and binding on the contractor(s).


19.14 Aggregates for the concreting work: The aggregates to be used for cement concrete ( P.CC &

RCC) shall be fully graded. Only crushed stone aggregates shall be used in the work. The grading of aggregates shall be as per specification vide para 2:3:5.1 to 3.3.5.5. of NCR standared specifiction for materials and work.

19.15 No Hand mixing will be allowed for concrete work, Brick work, plasterig, laying of tiles, kota stone etc. Only machine mixed morter is to be used in the works.

19.2 Material Testing: 19.2.1. All manufacturers certificates of tests etc. showing that the materials tested conforms to the

requirement of the appropriate Indian standard & other relevant standard specifications should be submitted by the contractor.

19.2.2 The Engineer shall have the right to ask the contractor at any time to draw samples of any material from its stockpiles from any other locations. The samples are to be drawn as per relevant IS specification & tested in laboratory approved by the Engineer at the cost of the contractor.

19.2.3 The Engineer or his representative may order tests to be carried out by an independent agency or organization deputed by him of such places or in such laboratory as he may determine & the cost of such tests shall be borne by the contractor.

19.2.4 All cost of testing of material shall be borne by the contractor. 20.0 Supervision of the work by contractors Engineer: 20.1 The contractor has to depute a competent civil Engineer to supervise the work. 20.2 The Civil Engineer should be a degree Holder in Civil Engg. With 02 years experience or a

Diploma Holder in Civil Engg. with 05 years experienace. The certificates are required to be submitted to Rly. in this regard.

20.3 If the Engineer is not deputed by the contractor their Recovery @ Rs.10000 per month will be made from the bill of the contractor.

21.0. Settlement of the dispute pertaining to the above contract shall be dealt as per the relevant clauses of the General Condition of the Contract. Extract of the some of the relevant clauses of the general condition of Contract is enclosed in the tender document for ready reference. However in case of any discrepancies/ambiguity, provision of the GCC shall be taken as the final and binding.

22.0 The tenderers must have signed each and every page of tender documents, otherwise tender shall be liable to be rejected.

23.0 Tenderers, who do not comply with any of the conditions, mentioned herein are liable to result in their tender being rejected

for Divisional Railway Manager, North Central Railway, Allahabad.

I agree to abide by the terms and conditions mentioned at Page No. 20 to 38 above (Clause 1 to 22) as well as General Conditions of Contract of North Central Railway (Works Hand Book Part-I & Part –II) upto printed/ advance correction slip No. 4 including amendment to General Conditions of Contract (Works Contract) issued vide EDCE(G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 12/16.5.2006 circulated vide Chief Engineer/ Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ GCC/ Printing/ WA dated 23.05.2006 and EDCE(G)/ Railway Board/ NDLS’ letter No. 2003/CE-I/CT/4/PT.I dated 30.5.2006 circulated vide Dy. Chief Engineer/ Works/ North Central Railway/ Allahabad’s letter No. 74-W/ Tender/ Policy/ Part-II dated 19.06.2006 and Standard Specification of Northern Railway including all the amendments issued and notified by Railway Administration from time to time up to the date of opening of tender.


NORTH CENTRAL RAILWAY

ALLAHABAD DIVISION

ADDITIONAL INSTRUCTIONS TO TENDERERS 1. These special conditions and the clauses of Instructions to tenderers and the stipulation made

in the ‘’Standard Schedule of Rate‘’ shall govern the work done under this contract in addition to and/or in part supercession of the ‘General conditions of Contract, Regulations and Instructions for Tenderers and Standard form of Contract-2005 and Standard Specification for Material and Works-2007. Where there is any conflict between Instructions of schedule of items on the one hand and General Conditions of Contract Regulations and Instructions for Tenderers and Standard Specifications’ 2007 on the other the former shall prevail.

Any special condition/conditions stated by the tenderer(s) in the covering letter submitted along with the tender shall also be deemed to be part of the contract only to the extent which, have been expressly accepted by the Railway.

2. The contractors shall be responsible for the arrangements to obtain supply of water necessary for the works at their own expenses. In case where the water is supplied by the Railway, recoveries will be regulated as under:-

WATER SUPPLY FROM THE RAILWAY SYSTEM: At the request of the contractor(s) the Railway may supply part the whole of the quantity of water required by the contractor(s) for the execution of works from the Railway’s existing water supply at or near the site of work as may be convenient to the Railway in the following terms and conditions.

(a) FROM PIPED WATER SUPPLY: If water is supplied from the existing piped water supply system, a charge on this account will be made at the rate of 1% on the amount of bills pertaining to the items on which water has been used. If pipe line/lines in addition to those already existing are asked for by the contractor(s), the cost of the same and all charges incurred in laying including supervision and departmental charges laviable under the extent rules for deposit works will also be payable by the contractor(s) or alternatively the contractor(s) may provide and lay his/their own pipe line(s) after obtaining written permission from the Engineer, who may at his/her discretion decline to grant such a permission.

(b) WATER SUPPLY FROM RAILWAY WELLS AND/OR RAILWAY HAND PUMPS: Where there is no piped water supply arrangement with the railway, it may at the request of the contractor allow the use of Railway hand pumps and/or wells constructed by the Railway free of charge, provided the contractor shall not be entitled to any compensation for stoppage of work and his having to make other alternative arrangement in case the Engineer concerned finds it necessary in the interest of the Railway to cancel the permission so granted to the contractor.

(c) The Railway administration shall not guarantee adequate or regular supply of water from its water supply system i.e. either from piped water supply or from hand pumps and/or open wells. The Railway shall also reserve the right to refuse permission to the use of water from its water supply system and/or call upon the contractor to stop making use of Railway water at any time by giving 3 days notice to the contractor if it is considered necessary in the interest of the Railway by the Engineer or his/her representative, in which case the contractor(s) will have to make his arrangement for sufficient water for proper execution of work. The contractor shall not be entitled to any compensation for interruptions or failure or inadequacy of water supply and also in the event of withdrawal of permission for use of water from Railway sources. (d) Arrangement in subpara (b) of para 2 shall not ordinarily be permitted except when permission to make use of Railway piped water supply system is refused by the Railway.


3. The contractor must make his own arrangement for the supply of good drinking water to the workmen employed under him in connection with this work.

4. The material(s) to be supplied by the contractor should conform to the standard specification

as per N.C.Railway Engineering Department Hand Book of Standard Specification for Materials and Works 2007. Before the materials are used in work(s) they should be passed by the Engineer-in-charge at the sites of delivery and his/her decision would be conclusive and binding on the contractor should any materials be found not according to the Standard Specifications. The contractor shall immediately remove such materials from the Railway premises at his own cost. In the event of the contractor failing to do so the Engineer may ensure it to be removed and all costs of such removal shall be payable on demand by the contractor to the Railway.

5. No Railway pass or concessional travel facilities will be given to the contractor or his agents

and labourers for execution of the work(s) nor any concession will be allowed for transport or materials by the Railway required for execution of work(s).

6. The tenderer’s rate(s) shall cover the total cost of the work including the supply of materials,

labour, machinery, pumps and all other tools and plant etc necessary for the satisfactory completion of the work. They shall also cover the assembling and errection of the work and making down of all sheltering of the formwork.

7. The rate(s) tendered and accepted by the Railway shall form the basis of payment for the work done by the contractor.

8. The rate for any item of work not appearing in the schedule of rate, which the contractor may be called upon to do, shall be fixed by the appropriate officer of the North Central Railway depending upon the nature of the work involved. Any work, for which no rate has been provided for in the schedule of rate, should NOT be executed before a rate has been fixed for the same in writing by the Railway Administration and agreed to by the contractor.

9. The rate(s) tendered for in the schedule of items and accepted by the Railway together with

the modifications and special conditions shall be used on which contract agreement shall be executed. If any work(s) is/are executed by the contractor(s) without proper agreement the same shall be at his sole and absolute risk and responsibility and the Railway may be at liberty to refuse to accept any liability for such work(s).

10. The rate(s) quoted by the contractor(s) should take into account the difficulties/ detentions

likely to be encountered in course of execution of work and nothing extra on these accounts should be paid for.

11. In case of doubt as regard to any particulars instructions or ambiguities in the plans, the

decision of the Sr. Divisional Engineer shall be final and binding on the contractor(s). 12. The item numbers, description, units and rates given in the schedule of work order are based

on the Standard Schedule of Rates of N.C.Rly –2006 corrected upto date and any discrepancy noticed during the execution of the work(s) in the working, rates, quantity and unit etc. will be rectified by referring to the printed schedule of rates referred above which shall be treated as authority and binding on the contractor(s). The relevant notes applicable to the respective chapters will apply to the items of the tender schedule and should be considered as having been incorporated in agreement and binding on the contractor(s).

13. The contractor shall also provide at his own cost reference pillars for setting out the work as

considered necessary by Engineer In Charge for the proper layout and execution of the work. No charges whatsoever shall be paid by the Railway for either making these pillars or for materials required for these pillars. It will be sole and absolute discretion of the Engineer-in-


charge at site to decide the number(s) and type(s) and height of pillars to be provided and his/her decision will be final, conclusive and binding on the contractor(s).

14. The rates for any other item(s) of works not included in the Schedule of Items and Schedule of Rates, which the contractor(s) may be called upon to do shall be fixed by a supplementary written agreement between the contractor and the Railway Administration before the particular item or items of work are executed. In the event of such agreement not being entered into or executed, the Railway Administration may appoint other party/parties to do these work and the contractor(s) shall have no claim for loss or damage on this account.

15. The Railway Administration will not be responsible to grant/arrange the permit for deploying

truck or for supply of petrol Motor vehicles for transporting materials. Applications of contractors for these will simply be forwarded to the authorities concerned for disposal.

16. The contractor shall satisfactorily maintain entire work completed by him for the following

period commencing from the date of completion as certified by the engineer in charge against each work order.

(i) Earth work and supply of material -- Maintenance period – Nil (ii) Repairs and maintenance work -- Maintenance period - 03 months (iii) New works (Except earth work) -- Maintenance period - 06 months

He /they shall be liable to rectify the defects that may be found on receipt of orders from the Assistant Divisional Engineer/DEN. The Security deposit against the Zone contract may be refunded after 06 (Six) months for the date of completion of last work order, subject to satisfactory completion of the work, maintenance period of works under various work orders, issue of the completion certificate issued by ADEN/DEN, No claim Certificate by Contractor and No Dues Certificate by Engineer In Charge.

17. The expressions General Manager, Chief Engineer wherever showing in the North Central

Railway General Conditions of Contract Regulations and instruction toTenderers’2005 and Standard Specification’2007 shall be read as and deemed to have been substituted by the corresponding officers of the North Central Railway Administration who will be designated as such by the Administration.

18. Save as otherwise provided in the contract, all notices to be given on behalf of the President of

India and all others acting to be the taken on his behalf by the Divl. Railway Manager/ Sr. Divisional Engineer/Divisional Engineer / N. C. Rly. /Allahabad.

19. The conditions of contract under which the contract is to be performed by the contractor(s)

shall include the following.

(i) The additional instructions to tenderers. (ii) North Central Railway Engineering Department handbook instructions to

tenderers’2005 and Standard Specifications ’2007 Edition. (iii) Special Conditions of Contract.

In case of any inconsistency in that respect item (iii) will prevail over item (i) and (ii).

20. If any material is supplied to the contractor by the railway at his request for any item of work for which labour and materials rates have been accepted, the issue of such material(s) will be treated as a sale outside the contract and the recovery on account of material(s) supplied will be made in accordance with code Rule 1430(b) which provides for recovery either at the market rate prevailing at the time of supplying to be specified by the Divisional office or the issue rate which ever is higher plus prescribed percentage charged on account of freight and supervision charges. No carriage or incidental charges will be borne by the Rly. The contractor


cannot however claim the issue of such materials by the Railway in accordance with this contract, if he is required to arrange such material(s) himself.

21. (i) Railway material like cement and steel, if required to be supplied as per agreement, will be

supplied by the Railway at the IOW’s Godown. No extra lead, handling etc will be paid for transportation of these materials to the site of work. Tenderers may take this into consideration while quoting the rates.

(ii) In case cement or steel is to be issued to the contractor either free of cost or on cost to be recovered for use on the work, the supply thereof shall be limited to the quantity/quantities calculated by the Railway according to the prescribed specification and approved drawing(s) as per agreement. The cement and steel issued in excess of the requirement as above shall be returned by the contractor to the railway in perfectly good condition immediately after completion or determination of the contract. If contractor fails to return the said stores, then such cement and steel issued in excess of the requirement as calculated by the Railway according to the specification and approved drawings will be recovered from contractor’s due at twice the prevailing procurement cost at the time of last issue +5% freight only.

This will be without prejudice to the right of the Railway to take action against the contractor under the condition of contract for not completing the work according to prescribed specification and relevant drawings.

If it is discovered that the quantity of cement and steel use in the work is less than the quantity ascertained as herein before, the cost of cement/steel not so used shall be recovered from the contractor on the basis of above formula.

(iii) Provision of above clause (i) and (ii) shall also be applicable to all other materials that may

otherwise be supplied by the Railway. The excess materials shall be returned within a reasonable time, the reasonability of which shall be determined by the Divisional Engineer, after which the Railway will refuse to accept such unused materials and the cost thereof shall be recovered as given above.

(iv) If at anytime material, which the contractor would normally have to arrange himself, if

supplied by the Railway either at contractor’s request or in order to prevent any delay in the execution of work due to contractors inability to make adequate timely arrangements for supply thereof or for any other reasons, recovery will be made from contractor’s bill either at the market rate prevailing at the time of supply or the issue rate which ever is greater plus fixed departmental charges as stipulated from time to time. The contractor cannot however, claim as a matter of right the issue of such material by the Railway if he is required to arrange him self in accordance with the terms and condition of contract.

22. The contractor(s) will be responsible for storing cement at the site of work according to the

condition of contract and standard specification. The empty bags shall be the property of the contractor and the cost of the same will be recovered at the Rate of Rs.2.00 per cement empty bags or as specified by Railway from time to time from the bill of the contractor.

23. All works will be paid for at the tendered rates on the basis of actual measurements taken at site.

24. On completion of the work all surplus Railway materials shall be removed and returned to Railway and stacked as directed including lead up to 100 mt by the contractor free of cost. The surplus Cement steel and other items issued to the contractor however shall have to be returned to the Inspector of work Godown free of cost.

25 The Railway shall not be responsible in any way for supply of rationed or non rationed

material for contractor’s staff or any of the controlled items to the contractor or his labour and non availability shall not be taken as excuse for any loss and consequently also for


slow progress or for putting any claims whatsoever against the Railway. The contractor shall make his own arrangement of accommodation of his labour and staff and supply of water.

26 The Railway shall also not be responsible for the supply of petrol to Motor vehicle for

transportation either of those materials which are issued by the Railway and which will be required to be brought at site by the contractor or for his own materials. Application of the contractor in this regard will however, be forwarded to the authorities concerned for the disposal.

27 For carriage of tools and plants free permit note will not be issued but the railway issue

necessary authority certain with a view to give priority for booking only for cartage of tools and plants at the site of work and for the removal of tools and plants only after the completion of work at the direction of Divisional engineer. Freight, however, will be a borne by the contactor and the same must be paid by him direct to the goods clerk or station master as the case may be at the time of booking.

28 No extra payment will not be made for rounding of the corners at the junction of the floors,

joints corners and parapet etc.

29 The plan and sites are subject to alterations to suit the local conditions as per requirement of the railway and the contractors will have no claim on account of the changes in plan and sites.

30 Doors and windows will have to be made strictly as on drawing and the contractors will

also be required to provide necessary fittings and glasses as shown in the drawing. The various iron fittings as shown in the drawing will further be supplemented by iron fittings that are actually necessary for providing closing and locking of doors, windows and almirah etc.

31 The rates tendered for in the Schedule of Rates and accepted by the railways together

with modifications and special conditions be based on which the work orders shall be issued. Work for only those items shall be provided which will be applicable to the work and the work orders shall be deemed to have been prepared and subject to the conditions as provided in the accepted tenders. Before starting the work, the contractor shall obtain proper work order. If the work is executed by the contractor without the order of authorization in writing as aforesaid the same shall be at his sole and absolute risk and responsibility and the railway is at liberty to refuse of accept any liability for such work.

32 The contractor should clearly understand that any claim that he may have to prefer must

be made in writing within seven days of the measurement taken by the Engineer as aforesaid and that any claim in more than seven days time after taking of such measurements shall be deemed to have been waived by him.

33. The contractor will be required to arrange for all materials except those materials which will be supplied by the Railway.

34 Materials that will be used in the work should confirm to the “North Central Railway

Standard Specifications for Materials and Work - 2007”. Samples of the same should be submitted to the Engineer Incharge before arranging the supply. Approved samples will be kept in the custody of the ADEN/DEN concerned and all supply shall conform to accepted samples.

35 It should be clearly understood that the labour & materials rates in the schedule of rates

include wastage and wash away either due to rains or storms or floods or any other cause whatsoever. They shall also include any clearing of Jungles dressing & leveling of surface etc.


that may be necessary for stacking the materials at site of work prior to their being used on the work.

36. If only limited area is available at site of work, stacking of materials may be done at other place not far away from the site of work. In such case no extra lead or any other claim for carriage of materials to the site of work shall be entertained.

37 All materials carried by Rail shall be the responsibility of the contractor and no claim, whatsoever for non-supply of wagons or materials damaged or pilfered or lost in transit shall be entertained. The claim against the Railway as carriage shall be governed by the rules regarding carriage by the Rail of public materials. directions is restricted, the Railway shall not in any way be liable to assist the contractor in obtaining the relaxation of any such restrictions for transporting the materials. Necessary recommendation for the movement of such materials for use in the work will be granted when necessary but no claim will be entertained on this account.

39 No leading unloading charges, lead, lift crossing of lines, handling and hand shunting of wagons and freight charges if any will be paid for his material to the contractors. Demurrage charges in the wagons, if any, shall be paid by the contractor and it would be his own obligation to unload the consignment and release the wagon with in the time limit.

40 The contractor will have to make his own arrangement for roller and other machinery required by him in connection with executing of this work.

41 All brick work(s) unless otherwise instructed shall be done with well burnt bricks or selected Jham bricks as laid down in chapter (7) Brick work, N.C.Rly., Standard Specification for Materials and Work –2007.

42 The contractor(s) shall not dig pit a within Railway land for extracting single or earth for mortar which must be arranged from outside for which no lead, lift or royalty will be paid.

43 The drawing(s) referred to in the tender and standard specifications are intended to show and explain the manner of executing the work(s). The work(s) shall be carried out in accordance with the directions and to the satisfaction of the Sr. Divl. Engineer/Divisional Engineer in accordance with the drawing and specifications which form part of the contract and in accordance with such further drawing/details and instructions supplementing, attending or explaining the same as may be given by the Sr. Divl. Engineer/Divisional Engineer concerned from time to time

44 No claim of any kind whatsoever shall be entertained if the execution of any item of the work is held up for want of approval of plans or designs or late supply of such materials to be arranged by the Railway.

45. All works shall be done strictly in accordance with the approved drawings/plans and no deviation/departure shall be made by the contractor without the orders of Sr. Divl. Engineer/Divisional Engineer given to him in writing.

46 (a) The contractor shall be entirely responsible for all structural and any other damages to property and for injury caused by work to his workman, the persons, animals or things and shall indemnify the Railway in respect thereof. (b) Contractor shall be entirely responsible for all works carried out by him until it is finally taken over by the Railway and he will be liable to be called upon to make good any damage or loss which may occur to the building and work by inclemency of the weather floods etc. or due to any other cause(s) during the entire period until the work is taken over.

47 Where there is no godown of the IOW, all such Rly. Material(s) will be handed over to the contractor at the Rly station building where quarters are to be constructed/work is to be executed and the contractor(s) will make his own arrangements for transporting them to the site of work. No lead, lift etc. from the station building to the site of works will be paid by Railway and the rates quoted for the work should include all such charges.

48 The contractor shall arrange his own plants such as concrete mixtures and vibratos for concrete etc.

49 The plan(s) and sites are subject to alternations to suit the local conditions and requirements of the Railway and the contractor will have no claim on account of the changes in plan etc.

50 No earth rubbish or refuse will be allowed to be dumped in the Railway area.


51 The contractor should clearly understand that any claim that he may have to prefer must be made in writing within 7 days of the measurement taken by the Engineer as aforesaid and that any claim made after 7 days time after taking such measurement shall be deemed to have been waived by him.

52 The security money shall be refunded to the contractor after expiry of stipulated maintenance period from the certified date of the completion of work and on receipt of’ No Claim Certificate’ from the Assistant Engineer/DEN concerned. During this period the contractor shall maintain the work and shall be liable to rectify the defects that may be found on receipt of orders from the Assistant Engineer/DEN. The contractor shall have to out work at the site fixed by the Railway representative if any.

53 At such of the locations where contractor road vehicle are permitted to play adjacent to the running lines an experienced gangman shall be posted as flagman at the cost of the contractor to prevent accidents.

54 Settlement of the dispute pertaining to the above contract shall be dealt as per the relevant clauses of the General Condition of the Contract. Extract of the some of the relevant clauses of the general condition of Contract is enclosed in the tender document for ready reference.

55 The agreement shall remain in force from the date of issue of letter of acceptance of tender up to the period ending.but the contractor shall have to complete the work against the each work order with the date of completion stipulated in respective work order as prescribed by the Engineer Incharge and given in the work order failing which penalty as per rules will be imposed. Competent authority of the Railway may however, grant the extension of the time of completion in exceptional circumstances on valid ground on the request of contractor, but this extension will be limited maximum only up to

56 The Divisional Railway Manager reserve to himself the right at anytime after the acceptance of tender to keep back from the contract otherwise or by other agency for any portion of the work as he may think without assigning any reason.

For Divisional Railway Manager,

North Central Railway, Allahabad I agree to abide by the terms and conditions mentioned at page No. 39 to 45 (Clause 1 to 56) above as well as the General Conditions of Contract and Standard Specification of the North Central Railway including all the amendments issued by Railway Administration from time to time up to the date of opening of tender/submission of negotiated offer.

For Divisional Railway Manager North Central Railway, Allahabad


Extract of the General Condition of Contract of North Central Railway 2005 (Clause No 63 and 64 pertaining to Settlement of Dispute incorporating amendments issued upto Correction Slip No. 4 issued by Railway Board vide letter No. 96/CE.I/CT/29(Vol.I) dated 5/1/2005)

Settlement of disputes- Indian Railway Arbitration Rules 63 Matters finally determined by the Railway – All disputes and differences of any kind

whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the GM and GM shall within 120 days after receipt of the Contractor’s representation make and notify decisions on all the matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57(A), 61(1), 61(2) and 62(1) to (xiii)(B) of General Condition of Contract or in any clause of the Special Conditions of the Contract shall be deemed as ‘excepted matters’ (matters not arbitrable) and decision of the Railway authority, thereon shall be final and binding on the contractor provided further that ‘excepted matters‘ shall stand specifically excluded from the purview of the arbitration clause.

64 (1) (i) Demand for Arbitration – In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in Clause 63 of these conditions, the Contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

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

64 (1) (ii) (a) The arbitration proceeding shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting the claim along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.

(c) The Railway shall submit its defence statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claim from Tribunal thereafter unless otherwise extension has been granted by Tribunal.

(d) Place of arbitration- The place of arbitration would be within the geographical limits of the Division of the Railway where the cause of action arose or the Headquarters of the concerned Railway or any other place with the written consent of both the parties.

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

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


64 (2) Obligation during pendancy or arbitration- Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceeding, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

64 (3) (a) (i) In cases where the total value of all claims in question added together does not exceed Rs. 10,00,000/- (Rupees Ten Lakhs only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall a gazetted officer of Railway not below JA grade nominated by the General Manager. The Sole Arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by GM.

64 (3) (a) (ii) In cases not covered by the clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Rly Officers not below JA grade or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Rly. Officers of one or more departments of the Rly, which may also include the name(s) of retired Railway Officer(s) empanelled to work as Railway Arbitrators to contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as Contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An officer of the Selection Grade of the Accounts Department shall be considered of equal status to the officers in SA grade of other departments of the Railway for the purpose of the appointment of arbitrators.

64 (3) (a) (iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).

64 (3) (a) (iv) The Arbitral Tribunal shall have power to call for such evidence by way of Affidavits or otherwise, as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record day-to-day proceedings. The proceedings shall normally be conducted on the basis of documents and written statement.

64 (3) (a) (v) While appointing arbitrator(s) under Sub Clause (i) (ii) and (iii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator, had in the course of his Service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

64 (3) (b) (i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from.


64(3) (b) (ii) A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of tribunal within 60 days of the receipt of the award.

64 (3) (b) (iii) A party may apply to tribunal within 60 days of the receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.”

64.4 - In case of the Tribunal, comprising of three members, any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

64.5 - Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

64.6 - The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the Court of law unless specifically directed by Hon’ble Court otherwise on the matter.

64.7 - Subject to the provisions of the aforesaid Arbitration and conciliation Act 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.

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north central railway

Documents

lnin

concessional

departmental

jungles dressing

lower monetary

divisional

excise duty

separate covering