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WAINGANGA BASIN W/R DEPTT. SEONI (MP)

Pench Diversion Project Canal DivisionSingna, Teh:- Chourai, Distt. Chhindwara (MP)

Tender DocumentFor

Name of Work: Construction of Proposed Canal Crossings of (Br. No. 161 – A)(SYPHON) RCC Box at Rly Km. 1241/0-1 between JLY-CWAstations on Nainpur – Chhindwara Section (N.G) for PenchDiversion Project Canal Division, Singna, Teh:- Chourai, byBox Pushing Method.

Part-I

Technical Bid

October’ 2014

Tender No.: RITES / GM / NGP/ T-32-2014 dated 21.10.2014

RITES Limited1, RITES Bhawan, Kadbi Chowk,

Nagpur-440 004

Tender Document issued to:

_________________________ (Name of Tenderer)_________________________ (Address of Tenderer)_________________________

Signature of Officer issuing the document with Designation & Date of Issue.

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RITES LTD.

TENDER AND CONTRACT DOCUMENT

CONTENTS

S.No. Details Page

PART – 1 (Technical Bid)

SECTION No 1 Notice Inviting Tender and Instructions toBidders.

SECTION No 2 Tender and Contract Form

SECTION No 3 Special ConditionsSECTION No 4 Schedules A to FSECTION No 5 Technical SpecificationsSECTION No 6 Drawings

PART – 2 (Financial Bid) SCHEDULE (BILL) OF QUANTITIES

ITEM RATE TENDER ABSTRACT OF COST OF ALLSCHEDULESDETAILS OF QUOTED UNIT RATESAND AMOUNT – SCHEDULEWISE -SCHEDULES I TO X

PART -3 General Conditions of Contract *

SECTION No 7 Conditions of ContractSECTION No 8 Clauses of ContractSECTION No 9 RITES Safety CodeSECTION No 10 RITES Model Rules for Protection of

Health and Sanitary Arrangements forWorkers

SECTION No 11 RITES Contractor’s Labour Regulations*General Conditions of Contract 2011 (Compilation of Sections 7 to 11) is available withall correction slips upto date, in RITES website www.rites.com

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PART 1

TECHNICAL BID

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Section - 1

NOTICE INVITING TENDER ANDINSTRUCTIONS TO TENDERERS

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SECTION 1

NOTICE INVITING TENDER AND INSTRUCTIONS TO TENDERERS

1.0 GENERAL

1.1 Tender Notice

Tenders are invited in Two Packet System by RITES Ltd., a Public Sector Enterpriseunder the Ministry of Railways, acting for and behalf of PDPC Dn., Singna, Teh:-Chourai, Dist. Chhindwara (MP), as an Agent/Power of Attorney Holder, from workingcontractors (including contractors who have executed works within the last five yearsreckoned from the scheduled date of opening of tender) of Government Organizations /Semi Government Organizations of Central or State Government; or of Public SectorUndertakings / Autonomous Bodies of Central or State Government; or of Public Ltd.,Companies listed in Stock Exchange in India or Abroad, for the work of:

Construction of Proposed Canal Crossings (Br. No. 161-A) (Syphon) of RCCBox at Rly Km. 1241/0-1 Between JLY-CWA stations on Nainpur –Chhindwara Section (N.G) for Pench Diversion Project Canal Division,Singna, Teh:- Chourai, Dist. Chindwara, by Box pushing Method.

(Note : Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and theirderivatives are synonymous).

1.2 Estimated Cost of Work

The work is estimated to cost ` 3, 00, 49, 523/- (Rupees Three Crore Forty Ninethousand Five hundred Twenty three only). This Estimate, however, is given merelyas a rough guide.

1.3 Time for Completion

The time allowed for completion will be 11 (Eleven) months (Including Monsoon) fromthe date of start which is defined in Schedule F under Clause 5.1a of Clauses of Contract.

1.4 Brief Scope of Work

The scope of work under this contract broadly covers the following;

i) Modification & Redesigning of box if any for Push through RCC boxes as perGAD approved by Railways including Proof checking by appropriate authorityapproved by Railways i.e. IITs/NITs and obtaining approval for the same fromRailway Authorities.

ii) Design of required thrust bed, MS front/ rear frame/cutting shield, connectingframes, intermediate jacking stations/locations, as per codes of practice andrequirement of Railways including Proof checking by appropriate authorityapproved by Railways i.e. IITs/NITs and obtaining approval from RailwayAuthorities.

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iii) After approval of structural design & drawing of box by Railways, The process ofobtaining the CRS sanction shall be commenced through Railways.

iv) Excavation in all sorts of strata (including all types of rock) for thrust bed andRCC box including its disposal up to 02 (two) kms lead as directed by theEngineer.

v) PCC minimum M-20 grade as per approved design for bed concrete below thrustbed for designed thickness.

vi) Casting of thrust bed as per approved design including jacking pockets, sumpssurplus weirs as required.

vii) Casting of precast RCC box not below M-35 grade of concrete or as approved byRailways as per approved design from Railways in required minimum number ofsegments with appropriate length as approved by the Engineer/Railways. The castin situ boxes also casted based on the design as approved by Railways for precastboxes.

viii) Jacking and pushing of precast RCC boxes as per direction of Railways/Engineerincluding all operations, machinery, jacks, labour materials with required precisionand safety measurements at appropriate locations.

ix) Grouting gaps, jacking locations with suitable synthetic epoxy grouting materialsas approved by the Engineer.

x) Construction of wing walls, return walls, drop walls, earthwork, pitching, backfilling, protection to Railway embankment as required as per direction of theEngineer/Railways.

xi) Providing and fixing of drag sheet and epoxy two coats on outer surfaces of theboxs as per description given for push box item in the schedule of Quantities.

xii) Dewatering/Desilting/desledging as required during construction of thrust bed,casting of box, pushing etc till completion of the work in all respect.

xiii) If required at site for safety of Railway Track and allied structures, RelievingGirder shall be arranged and placed by the bidder as per direction ofRailways/Engineer in-charge.

xiv) Any other works indicated in the BOQ and GAD related for completion of work inall respect.

xv) As per approved GAD the design of RCC boxes is to be done with HML loading.In case Railway desires for DFC or 25 T loading during approval of designs, thesame shall be done by the agency and got approved from Railways at no extracost.

xvi) Maintenance of railway track to existing standard and to attend to any disturbancein track parameters by deploying trained manpower during the entire constructionperiod.

xvii) Dismantling of thrust bed & leveling the earth including disposal of dismantledmaterial outside the plant area to clear the site. However, if client permit and it isnot interfering with other structures, it may be allowed to remain as it is withoutdismantling. No payment for this will be made.

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xviii) Site Clearance / Setting out:

Making out the centre line of the RCC Box and various other components andcomplete lining out with masonry pillars for proper lines and levels with precisiontheodolite survey including constructing theodolite stations, bench marks, etc., asdirected. This includes all the allied works like clearing the site, removingobstructing bushes, trees etc. The surveying instruments used on the works shallbe modern electronic equipment. This shall be part of push box item and no extrapayment whatsoever will be made to the contractor.

xix) Soil Investigation

Soil investigation shall be carried out by the bidder if required for designing ofThrust bed boxes etc if soil strata different from the Box location is found.

xx) Documentation:

Providing documentation such as CDs/video cassettes, photographs and as builtdrawings as directed by Engineer-in-charge. All drawings shall be on Auto CADof latest version.

1.5 Availability of Site:

The site for the work is available.

2.0 QUALIFICATION CRITERIA TO BE SATISFIED:

2.1 The Qualification Criteria to be satisfied are given at Annexure I enclosed.

2.2 The Qualification Criteria to be satisfied will depend on the category of works, whetherNormal or Large. Normal Works are those costing upto ` 100 Crores each and LargeWorks are those costing more than ` 100 Crores. The work for which the Tender isbeing invited falls under the category of Normal work.

2.3 The Qualification Criteria to be satisfied will also depend on whether the Work falls inNormal area or Difficult area. Difficult area includes North East States, Jammu &Kashmir, Jharkhand, Chattisgarh and Andaman & Nicobar Islands. Normal area coversall areas other than Difficult area. The work for which this Tender has been invited fallsunder Normal area.

2.4 In this Tender Joint Venture is not allowed.

In case Joint Venture is allowed the following will apply:

DELETED

2.5 The documents to be furnished by the Bidder to prove that he is satisfying theQualification Criteria laid down should all be in the Bidder’s name, except in cases where

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though the name has changed, the owners continued to remain the same and in cases ofamalgamation of entities.

3.0 FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ONQUALIFICATION CRITERIA

3.1 Other than Joint Ventures

The Tenderer shall furnish a Letter of Transmittal as given in Annexure II A enclosingthe documents mentioned therein/listed in para 1(a) of Annexure IA.

4.0 CONTENTS OF TENDER DOCUMENT

4.1 Each set of Tender or Bidding Document will comprise the Documents listed below andaddenda issued in accordance with para 7 :

PART – 1 :- Technical Bid Packet(Read with correction Slip No. 1 to 15)

Section 1 Notice Inviting Tender and Instructions to Tenderers.Section 2 Tender and Contract Form.Section 3 Special Conditions.Section 4 Schedules A to FSection 5 Technical SpecificationsSection 6 Drawings

PART – 2 :- Financial Bid Packet

Schedule of Quantities (Bill of Quantities)

PART – 3:- General Conditions of Contract(Read with correction Slip Nos. 1 to 6)

Section 7 Conditions of ContractSection 8 Clauses of ContractSection 9 RITES Safety CodeSection 10 RITES Model Rules for protection of Health and Sanitary arrangements for

WorkersSection 11 RITES Contractor’s Labour Regulations

4.2 General Conditions of Contract (Compilation of Sections 7 to 11) with upto datecorrection slips is also available in RITES website <www.rites.com>

5.0 ISSUE OF TENDER DOCUMENT

5.1 A complete set of Tender Document (Technical and Financial Bid) described in Para 4.1above can be seen in the office of the General Manager (P), RITES Ltd., 1, RITES

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Bhavan, Kadbi Chowk, Nagpur – 440 004 between hours of 11.00 AM and 4.00 PMevery day except on Saturdays, Sundays and Public Holidays.

5.2 One set of Tender Document may be purchased from the office of General Manager (P),RITES Ltd., 1, RITES Bhavan, Kadbi Chowk, Nagpur – 440 004from 06.11.14 to 19.11.14 for a non refundable fee per set of ` 5,000/- (Rupees FiveThousand only) in the form of Demand Draft/ Pay Order/ Banker’s cheque drawn on anyScheduled Bank payable at Nagpur in favour of RITES Ltd.Nagpur, on submission of anapplication. Tender document may be issued free of cost to such applicants as areexempted from payment of cost of tender document as a matter of Government Policy.

5.3 Tender Documents including drawings can also be downloaded from RITES Website(www.rites.com) and in such a case, the Tenderer shall deposit the cost of tenderdocuments (unless he is exempted from such payment as a matter of Government Policy)alongwith submission of tender, failing which his tender shall not be opened. The cost oftender documents shall be deposited in the form of a separate Banker’s cheque / DemandDraft / Pay Order and enclosed in the envelope containing the Earnest Money Deposit. Incase the Tenderer is exempted from such payment, the onus of proving such exemptionshall rest with the Tenderer and proof of the same shall be placed in the envelope meantfor Earnest Money. The amendments / clarifications to the Tender documents will alsobe available on the above mentioned website.

5.4 Tender Documents downloaded from RITES website shall be considered valid forparticipating in the tender process. During the scrutiny of downloaded tender document,if any modification / correction etc. is noticed as compared to the original documentsposted on the website, the bid submitted by such a Tenderer is liable to be rejected. Incase the bid of a Tenderer who has downloaded the document from website is acceptedthe contract shall be executed in the original / manual tender document issued by theconcerned RITES officer.

5.5 Clarifications on Tender Documents

A prospective Tenderer requiring any clarification on the Tender Document may notifySr. DGM (Tender), RITES Ltd., Nagpur (The official nominated for this purpose) inwriting or by telefax/ or by E-mail at the following Postal Address/ Fax No. /E-mailaddress: General Manager (P), RITES Ltd., 1, RITES Bhavan, Kadbi Chowk, andNagpur – 440 004, Fax No. 0712-2527673, email address: nagpurpo@rites.com

In cases where Pre-Bid Meeting is not proposed to be held, request for clarificationsincluding request for Extension of Time for submission of Bid, if any, must be receivednot later than 10 (ten) days prior to the deadline for submission of tenders. Details of suchquestions raised and clarifications furnished will be uploaded in RITES website withoutidentifying the names of the Bidders who had raised the questions. Any modification ofthe Tender Document arising out of such clarifications will also be uploaded on RITESwebsite only.

In cases where Pre-Bid Meeting is proposed to be held, provisions in para 6.0 below maybe referred to.

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6.0 PRE-BID MEETINGDeleted.

7.0 AMENDMENT OF TENDER DOCUMENT

7.1 Before the deadline for submission of tenders, the Tender Document may be modified byRITES Ltd. by issue of addenda/corrigendum. Issue of addenda / corrigenda will howeverbe stopped 7 days prior to the deadline for submission of tenders as finally stipulated.

7.2 Addendum/corrigendum, if any, will be hosted on website only and shall become a part ofthe tender document. All Tenderers are advised to see the website for addendum/corrigendum to the tender document which may be uploaded upto 7 days prior to thedeadline for submission of Tender as finally stipulated.

7.3 To give prospective Tenderers reasonable time in which to take the addenda/ corrigendainto account in preparing their tenders, extension of the deadline for submission of tendersmay be given as considered necessary by RITES.

8.0 TENDER VALIDITY

8.1 The Tender shall be valid for a period of 90 days from the due date for submission ofTender or any extended date as indicated in sub para below.

8.2 In exceptional circumstances, during the process of evaluation of tenders and prior to theexpiry of the original time limit for Tender Validity, the Employer may request that theTenderers may extend the period of validity for a specified additional period. The requestand the tenderer’s response shall be made in writing. A Tenderer may refuse the requestwithout forfeiting his Earnest Money. A Tenderer agreeing to the request will not bepermitted to modify his Financial Bid to a higher amount but will be required to extendthe validity of the Earnest Money for the period of the extension.

9.0 EARNEST MONEY

9.1 The Tender should be accompanied by Earnest Money of ` 3, 00, 500/- ( Rupees ThreeLakhs Five Hundred only) in any of the forms given below:-Banker’s Cheque / Pay Order/ Demand Draft payable at Nagpur, drawn in favour of

RITES Ltd.

9.2 Any Tender not accompanied by Earnest Money in an acceptable form shall be rejectedby the Employer as non-responsive unless the tenderer is exempted from payment ofEarnest Money as matter of Government Policy. The onus of proving such exemptionshall rest with the tenderer and such proof shall be placed in the envelope meant forEarnest Money.

9.3 Refund of Earnest Money

a) Two Packet System

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The Earnest Money of the Tenderers whose Technical Bid is found not acceptable will bereturned without interest soon after scrutiny of Technical Bid has been completed by theEmployer subject to provisions of Para 9.4 (b). The Earnest Money of the Tendererswhose Technical Bid is found acceptable but Financial Bid is rejected will be returnedwithout interest within 28 days of the end of Tender Validity Period subject to provisionsof Para 9.4 (b).

b) Single Packet System

After evaluation of the Financial Bids, the Earnest Money of unsuccessful Tenderers willbe returned without interest within 28 days of the end of Tender Validity Period subject toprovisions of Para 9.4 (b).

c) The Earnest Money shall be refunded only through Electronic Fund Transfer. Thetenderer shall submit RTGS/NEFT Mandate Form as per proforma given in AnnexureIX, duly filled in.

d) In case of both Two Packet and Single Packet System, the Earnest Money of thesuccessful Tenderer, without any interest, will be adjusted as a part of the SecurityDeposit payable in terms of provisions in the General Conditions of Contract (Clause 1Aof Clauses of Contract).

9.4 The Earnest Money is liable to be forfeited

a) If after bid opening, but before expiry of bid validity or issue of Letter ofAcceptance, whichever is earlier, any Tenderer

i) withdraws his tender or

ii) Makes any modification in the terms and conditions of the tender whichare not acceptable to the Employer.

b) In case any statement/information/document furnished by the Tenderer is found tobe incorrect or false.

c) In the case of a successful Tenderer, if the Tenderer

i) Fails to furnish the Performance Guarantee within the period specifiedunder Clause 1 of “Clauses of Contract” or

ii) Fails to commence the work without valid reasons within the period asspecified in Schedule F after the date of issue of Letter of Acceptance orfrom the first date of handing over of the site, whichever is later.

In case of forfeiture of E.M. as prescribed hereinabove, the Tenderer shall not be allowedto participate in the retendering process of the work.

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10.0 ALTERNATIVE PROPOSALS BY THE TENDERERS

The Tenderers shall submit offers which comply strictly with the requirements of theTender Document as amended from time to time as indicated in Para 7.0 above.Alternatives or any modifications shall render the Tender invalid.

11.0 SUBMISSION OF TENDER

11.1 Two Packet System and Single Packet System

“THIS TENDER IS TO BE SUBMITTED IN TWO PACKET SYSTEM”

(a) Two Packet System

The tenderer shall submit the Tender in original in two packets as under:-

PACKET A: - TECHNICAL BID

Envelope 1 Earnest Money alongwith Mandate Form as per AnnexureIX & Cost of Tender Document if the bid is submitted onthe document downloaded from RITES website, unlessexempted from both payments as a matter of GovernmentPolicy. If exempted, the documents substantiating suchexemption must be placed in this envelope.

Envelope 2 “Authority to Sign”, ‘Integrity Pact’ (when applicable) andQualification Information along with all enclosures /documents as per Letter of Transmittal/ Checklist given inAnnexure II A/ II B (L)/IIB(N). As regards “Authority toSign” Para 11.2 below may be referred to. As regards‘Integrity Pact’, para 11.7 below may be referred to.

Technical Bid (Part 1 and Part 3) (Refer Para 4.1) includingsignature on Tender Form (Section 2) duly witnessed afterfilling up blanks therein.Each page of the above documents including all Drawingsshould bear the dated initials of the Tenderer along with theseal of the Company, in token of confirmation of havingunderstood the Contents.

PACKET B: - FINANCIAL BID

Envelope 3 Schedule/Bill of Quantities.

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Each page of the Financial Bid (Part 2 – Refer Para 4.1) should be signed by the Tendereralong with the seal of the company. In the last page of Financial Bid, at the end, theTenderer should sign in full with the name of the Company, Seal of the Company andDate.

All rates and amounts, whether in figures or words, must be written in indelible ink. EachCorrection, Cutting, addition and overwriting should be initialed by the Tenderer.

The rates must be quoted in decimal coinage. Amounts must be quoted in full rupees byignoring fifty paise and less and considering more than fifty paise as rupee one. If thesame item figures in more than one section/part of Schedule of Quantities, the Tenderershould quote the same rate for that item in all sections/parts. If different rates are quotedfor the same item, the least of the different rates quoted only shall be considered forevaluation of that item in all sections/parts of the Schedule of Quantities.

Instructions contained in subsequent Para 17.6 (a) on “Item rate tender” and 17.6 (b) on“Percentage rate tender” may be carefully studied and complied with.

b) Single Packet System : Both Technical Bid (including signature on Tender Form inSection 2 duly witnessed) and Financial Bid Documents will be submitted in one Packet.Precautions as described above for Two Packet System shall be observed by the tenderers.

11.2 Authority to Sign

a) If the applicant is an individual, he should sign above his full type written nameand current address.

b) If the applicant is a proprietary firm, the Proprietor should sign above his full typewritten name and the full name of his firm with its current address.

c) If the applicant is a firm in partnership, the Documents should be signed by all thepartners of the firm above their full type written names and current addresses.Alternatively the Documents should be signed by the person holding Power ofAttorney for the firm in the Format at Annexure IV.

d) If the applicant is a limited Company, or a Corporation, the Documents shall besigned by a duly authorized person holding Power of Attorney for signing theDocuments in the Format at Annexure IV.

e) If the applicant is a Joint Venture, the Documents shall be signed by the LeadMember holding Power of Attorney for signing the Document in the Format atAnnexure V. The signatory on behalf of such Lead Partner shall be the oneholding the Power of Attorney in the Format at Annexure IV.

11.3 Items to be kept in mind while furnishing details

While filling in Qualification Information documents and the Financial Bid, followingshould be kept in mind:

i) There shall be no additions or alterations except those to comply with theinstructions issued by the Employer or as necessary to correct errors, if any, madeby the Tenderers.

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ii) Conditional Offer/ Tender will be rejected. Unconditional rebate/ discounts in theFinancial offer will however be accepted.

iii) The Employer reserves the right to accept or reject any conditionalrebate/discounts. While evaluating the Bid Price, the conditional rebates/discountswhich are in excess of the requirements of the bidding documents or otherwiseresult in accrual of unsolicited benefits to the Employer, shall not be taken intoaccount.

11.4 Sealing and Marking of Tenders

11.4.1 Two Packet System

(a) PACKET A – TECHNICAL BID

Envelopes 1 & 2 as described in Para 11.1 (a) above should be sealed separatelysuperscribing “Technical Bid” with Envelope Number, Name of the work and Nameof the tenderer. In addition, the following should also be superscribed on the respectiveenvelopes.

Envelope 1 i) Earnest Money alongwith Mandate Form as perAnnexure IXii) Cost of Tender Document if the Bid is submittedon the document downloaded from RITES website.iii) If the bidder is exempted from payment EarnestMoney and cost of Tender Document, he shouldsuperscribe “Documents Substantiating Exemptionfrom Payment of Earnest Money and Cost of TenderDocuments”

Envelope 2 i) Authority to Sign, ‘Integrity Pact’ (whenapplicable as per para 11.7 below) and QualificationInformation/ documents as per checklist inAnnexure IIA / IIB(L)/ II B (N).ii) Technical Bid including Drawings

Both the envelopes should be put in a packet which should be sealed. The followingshould be superscribed on the packet:

i) Packet A – Technical Bidii) Name of the Workiii) Name of the Tenderer

(b) PACKET B – FINANCIAL BID

Envelope 3 – Financial Bid should be put in Packet B which should be sealed. Thefollowing should be superscribed on the packet.

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i) Packet B - Financial Bid

ii) Name of the work

iii) Name of the tenderer

(c) Both packets A and B should be put inside an outer envelope and sealed. This envelopeshould be superscribed with the following details:

i) Tender for (Name of work)

ii) Tender number

iii) Date and time of opening of Tender

iv) From (Name of Tenderer)

v) Addressed to General Manager (P), RITES Ltd., 1, RITES Bhavan, KadbiChowk, Nagpur – 440 004

11.4.2 Single Packet System

Two envelopes of Technical Bid and one of Financial Bid shall be made out as stipulatedin Para 11.4.1 (a) and (b) above with the Name of the work and Name of the Tenderersuperscribed on each of the envelopes. All the three envelopes shall be put in a SinglePacket which shall be superscribed in the same manner as given in Para 11.4.1 (c) above.

11.4.3 If the envelopes and packets are not superscribed and sealed as indicated in Paras 11.4.1/11.4.2 above, the Employer will assume no responsibility for the misplacement orpremature opening of the Tender.

11.5 Deadline for submission of Tender

11.5.1 Tenders must be received by the Employer at the following address not later than15.00 Hrs. on 21.11.14. In the event of the specified date for the submission of theTender being declared a holiday due to Strike/Bandh or on any account by the Employer,the Tenders will be received up to the appointed time on the next working day.

Address for submission of Tender: General Manager (P), RITES Ltd., 1, RITESBhavan, Kadbi Chowk, Nagpur – 440 004.

11.5.2 The Employer may extend the deadline for submission of Tenders by issuing anamendment in writing in accordance with Para 7.3 in which case all rights and obligationsof the Employer and the Tenderer previously subject to the original deadline will besubject to new deadline.

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11.6 Late Tender / Delayed TenderAny Tender received by the Employer after the specified date and time of receipt ofTender will be returned unopened to the Tenderer.

11.7 Integrity Pact

(i) The Bidder/Contractor is required to enter into an Integrity Pact with theEmployer, in the Format at Annexure VIII. The Integrity Pact enclosed asAnnexure VIII will be signed by RITES for and on behalf of Employer as itsAgent/Power of Attorney Holder at the time of execution of Agreement with thesuccessful Bidder. While submitting the Bid, the Integrity Pact shall be signed bythe duly authorized signatory of the Bidder/Lead Member of JV. In case of failureto submit the Integrity Pact duly signed and witnessed, along with the Bid, the Bidis likely to be rejected.

(ii) In case of any contradiction between the Terms and Conditions of the BidDocument and the Integrity Pact, the former will prevail.

Provided always that provision of this para 11.7 – Integrity Pact, shall beapplicable only when so provided in para 11.7A below which will also stipulatethe name and address of the Independent External Monitor as well as the Name,designation and address of the official nominated by the Employer to act as theLiaison Officer between the Independent External Monitor and the Engineer-in-Charge as well as the Contractor.

11.7A Whether para 11.7 (Integrity Pact) shall be applicable YES

If Yes, Name and Address of the Independent External N.A.Monitor (In case value of contract is `10 crores or more)

Name, Designation and Address of RITES’ Liaison Shri Y.K.Sharma,Officer GGM/CP, RITES Ltd.

11.8 Modification and Withdrawal of Bids

11.8.1 Tenderers may modify or withdraw their bids by giving notice in writing before thedeadline prescribed in para 11.5 for submission of Bids.

11.8.2 Each modification or withdrawal notice shall be prepared, sealed, marked and delivered inaccordance with paras 11.1, 11.2 and 11.4 with the outer envelopes additionally marked‘Modification’ or ‘Withdrawal’ as appropriate.

The envelopes for modifications on ‘Technical Bid’ and ‘Financial Bid’ shall besubmitted in separate sealed envelopes and marked as ‘Modifications of Technical Bid’ or‘Modifications of Financial Bid’ as the case may be.

11.8.3 No bid may be modified after the deadline for submission of Bids except as indicatedbelow. If a Bidder makes a suo moto offer of rebate / discount in his Financial Bid after

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the deadline for submission of Bids, such offer will not be considered for Financialevaluation of Tenders. But if the Tenderer is successful in the Bid based on his originaloffer without considering the suo moto offer, the rebate / discount offered will be takeninto account for incorporation in the Contract Agreement.

11.8.4 Withdrawal or modification of a Bid, subject to provisions in Para 11.8.3 above, after thedeadline for submission of Bids shall result in forfeiture of the Earnest Money.

12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS OFAPPLICATIONS

12.1 The Employer will open all the Tenders received (except those received late or delayed)asdescribed in para 12.2/12.3 below, in the presence of the Tenderers or theirrepresentatives who choose to attend at 15.30 Hrs. on 21.11.14 in the office of GeneralManager (P), RITES Ltd., 1, RITES Bhavan, Kadbi Chowk, Nagpur – 440 004. Inthe event of the specified date of the opening being declared a holiday by the Employer,the Tenders will be opened at the appointed time and location on the next working day.

12.2 Two Packet System

(a) (i) The PACKET A will be opened and Envelope 1 containing Earnest Money and Costof Tender Document (where Bid is submitted in the document downloaded fromRITES website) of all the Tenderers will be opened first and checked. If the EarnestMoney furnished is not for the stipulated amount or is not in an acceptable form(unless exempted) and where applicable, the cost of Tender Document has not beenenclosed for the correct amount and in an acceptable form (unless exempted), theEnvelope 2 of PACKET A (TECHNICAL BID) and PACKET B will be returned tothe Tenderer concerned unopened at the time of opening of the Tender itself. TheEnvelopes 2 of PACKET A (TECHNICAL BID) of other Tenderers who havefurnished Earnest Money of correct amount in acceptable form (unless exempted) andwhere applicable the cost of Tender Document for the correct amount and in anacceptable form (unless exempted) will then be opened. The Tenderer’s name, thepresence of Earnest Money and Authority to sign and such other details as theEmployer may consider appropriate will be announced by the Employer at the time ofopening of Packet A. PACKET B (FINANCIAL BID) of the Tenderers whoseTechnical Bids have been accepted for evaluation will be checked to see if the sealsare intact. All such PACKETS B will be put in an envelope and sealed. TheEmployer’s official opening the Tender will sign on this envelope and will also takethe signatures of preferably atleast two Tenderers or their representatives present.This envelope will be kept in safe custody by the Employer.

(b) The Employer will scrutinise the Technical Bids accepted for evaluation to determinewhether each Tenderer

(i) has submitted `Authority to sign’ as per para 11.2 above and Integrity Pact (whereapplicable) duly signed and witnessed as per para 11.7 above;

(ii) meets the Qualification Criteria stipulated in Para 2.0; and

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(iii) Conforms to all terms, conditions and specifications of the Tender Documentwithout any modifications or conditions.

(c) If required, the Employer may ask any such Tenderer for clarifications on his TechnicalBid. The request for clarification and the response from the Tenderer will be in writing. Ifa Tenderer does not submit the clarification/document requested, by the date and time setin the Employer’s request for clarification, the bid of such Tenderer is likely to berejected. Tenderers whose Technical Bids are not found acceptable will be advised ofthe same and their Earnest Money and PACKET B (FINANCIAL BID) will be returnedunopened. Tenderers whose Technical Bids are found acceptable will be advisedaccordingly and will also be intimated in writing of the time and date and place where andwhen the PACKET B (Financial Bid) will be opened.

(d) At the appointed place, time and date, in the presence of the Tenderers or theirrepresentatives who choose to be present, the Employer will open the envelopescontaining the PACKET B (FINANCIAL BID). The Tenderer’s name, the tender amountquoted and such other details as the Employer may consider appropriate will beannounced by the Employer.

12.3 Single Packet System

(a) Envelope 1 of all the Tenders will be opened first and checked. If the Earnest Moneyfurnished is not for the stipulated amount or is not in an acceptable form (unlessexempted) and where applicable the Cost of Tender Document has not been furnished forthe correct amount and in an acceptable form (unless exempted), the remaining envelopeswill be returned to the tenderer concerned unopened at the time of opening of the Tenderitself. The Envelopes no. 2 of Technical Bid and no. 3 of Financial Bid of otherTenderers who have furnished Earnest Money and where applicable the Cost of TenderDocument, in acceptable form (unless exempted) will then be opened. The Tenderer’sname, the presence of Earnest Money, the Authority to Sign the Tender, amount quotedand such other details as the Employer may consider appropriate will be announced by theEmployer.

13.0 INSPECTION OF SITE BY THE TENDERERS

Tenderers are advised to inspect and examine the site and its surroundings and satisfythemselves before submitting their Tenders, as to the nature of the ground and sub-soil (asfar as is practicable), the form and nature of the site, the means of access to the site, theaccommodation they may require and in general shall themselves obtain all necessaryinformation as to risks, contingencies and other circumstances which may influence oraffect their Tender. A Tenderer shall be deemed to have full knowledge of the sitewhether he inspects it or not and no extra charges consequent on any misunderstanding orotherwise shall be allowed. The Tenderer shall be responsible for arranging andmaintaining at his own cost all materials, tools & plants, water, electricity, access,facilities for workers and all other services required for executing the work unlessotherwise specifically provided for in the contract documents. Submission of a tender bya Tenderer implies that he has read this notice and all other contract documents and hasmade himself aware of the scope and specifications of the work to be done and ofconditions and rates at which stores, tools and plant etc. will be issued to him by the

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Employer and local conditions and other factors having a bearing on the execution of thework.

14.0 EMPLOYER’S RIGHT ON ACCEPTANCE OF ANY TENDER

(i) If required, the Employer may ask any Tenderer the breakdown of unit rates. If theTenderer does not submit the clarification by the date and time set in the Employersrequest for clarification, such Tender is likely to be rejected.

(ii) The competent authority on behalf of the Employer does not bind himself to acceptthe lowest or any other Tender and reserves to himself the authority to reject any orall the Tenders received without the assignment of any reason. All Tenders in whichany of the prescribed conditions is not fulfilled or any condition is put forth by theTenderer shall be summarily rejected.

15.0 CANVASSING PROHIBITED

Canvassing whether directly or indirectly, in connection with tenders is strictly prohibitedand the tenders submitted by the Contractors who resort to canvassing will be liable torejection.

16.0 EMPLOYER’s RIGHT TO ACCEPT WHOLE OR PART OF THE TENDERThe competent authority on behalf of the Employer reserves to himself the right ofaccepting the whole or any part of the tender and the Tenderer shall be bound to performthe same at the rates quoted.

17.0 MISCELLANEOUS RULES AND DIRECTIONS

17.1 The Tenderer shall not be permitted to tender for works if his near relative is posted asAssociated Finance Officer between the grades of AGM(F) and J.M (F) in the concerned

SBU Unit of RITES or as an officer in any capacity between the grades of GGM/GM andEngineer (both inclusive) of the concerned SBU of the Employer. He shall also intimatethe names of persons who are working with him in any capacity or are subsequentlyemployed by him and who are near relatives to any Gazetted officer in the organization ofthe Employer. Any breach of this condition by the Tenderer would render his Tender to berejected.

No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering orAdministrative duties in an Engineering Department of the Organisation of the Employeris allowed to work as a contractor for a period of one year after his retirement from theEmployer’s service without the previous permission of the Employer in writing. Thecontract is liable to be cancelled if either the Contractor or any of his employees is foundany time to be such a person who had not obtained the permission of the Employer asaforesaid before submission of the tender or engagement in the Contractor’s service.

17.2 If required by the Employer, the Tenderers shall sign a declaration under the officialsSecret Act 1923, for maintaining secrecy of the tender documents drawings or otherrecords connected with the work given to them. The unsuccessful Tenderers shall returnall the drawings given to them.

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17.3 Use of correcting fluid anywhere in tender document is not permitted. Such tender isliable for rejection.

17.4 a) In the case of Item Rate Tenders, only rates quoted shall be considered. Any tendercontaining percentage below/above the rates quoted is liable to be rejected. Rates quotedby the Tenderer in item rate tender in figures and words shall be accurately filled in sothat there is no discrepancy in the rates written in figures and words. However, if adiscrepancy is found, the rates which correspond with the amount worked out by theTenderer shall unless otherwise proved be taken as correct. If the amount of an item is notworked out by the Tenderer or it does not correspond with the rates written either infigures or in words then the rates quoted by the Tenderer in words shall be taken ascorrect. Where the rates quoted by the Tenderer in figures and in words tally but theamount is not worked out correctly, the rates quoted by the Tenderer will, unlessotherwise provided, be taken as correct and not the amount. In the event that no rate hasbeen quoted for any item(s), leaving space both in figure (s) or word(s) and the amountblank, it will be presumed that the Tenderer has included the cost of this/ these item (s) inother items and rate for such item (s) will be considered as zero and work will be requiredto be executed accordingly.

b) In case of percentage Rate Tender only percentage quoted shall be considered. Anytender containing item rates is liable to be rejected. Percentage quoted by the Tenderer inpercentage rate tender shall be accurately filled in figures and words so that there is nodiscrepancy. If, for any Schedule in Financial Bid, the total amount has been indicated bythe Tenderer and if discrepancy is noticed in the percentages quoted in words and figures,then the percentage which corresponds with the total amount, shall, unless otherwiseproved be taken as correct. If the total amount is not worked out or if worked out, it doesnot correspond with the percentages written either in figures or in words, then thepercentage quoted by Tenderer in words shall be taken as correct. When the percentagesquoted by the Tenderer in figures and in words tally but the total amount is not workedout correctly, the percentage quoted by the Tenderes shall be taken as correct, unlessproved otherwise and the total amount worked out accordingly.

17.5 In the case of any Item rate tender where unit rate of any item/items appears unrealistic,such tender will be considered as unbalanced and in case the Tenderer is unable to providesatisfactory explanation, such a tender is liable to be disqualified and rejected.

17.6 (a) In Item rate Tender, all rates shall be quoted on the tender form. The amount for eachitem should be worked out and requisite totals given. Special care should be taken to writethe rates in figures as well as in words and the amount in figures only, in such a way thatinterpolation is not possible. The total amount in each Schedule should be written both infigures and in words. In case of figures, the word ‘`’ should be written before the figure ofrupees and word ‘P’ after the decimal figures, e.g. ` 2.15 P and in case of words, theword, ‘Rupees’ should precede and the word ‘Paise’ should be written at the end. Unlessthe rate is in whole rupees and followed by the word ‘only’ it should invariably be up totwo decimal places. While quoting the rate in schedule of quantities, the word ‘only’should be written closely following the amount and it should not be written in the nextline.

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(b) In Percentage Rate Tender, the Tenderer shall quote percentage below / above (infigures as well as in words) at which he will be willing to execute the work. He shall alsowork out the total amount of his offer and the same should be written in figures as well asin words in such a way that no interpolation is possible. In case of figures, the word “`”should be written before the figure rupees and word ‘P’ after the decimal figures (eg.)`2.15 P and in case of words the word “Rupees” should precede and the word “Paisa”should be written at the end.

17.7 Sales-tax/VAT (except Service Tax), purchase tax, turnover tax or any other tax/ Cess onmaterial, labour and Works in respect of this Contract shall be payable by the Contractorand the Employer will not entertain any claim whatsoever in respect of the same.However, in respect of Service Tax, same shall be paid by the Contractor to theconcerned department on demand and it will be reimbursed to him by the Engineer-in-Charge after satisfying that it has been actually and genuinely paid by the Contractor.

17.8 Each Bidder shall submit only one Bid either as an individual or as a Proprietor in aProprietary firm or as a Partner in a Partnership firm or as a Director of a limitedCompany/Corporation or as a Partner in a Joint Venture. Any Bidder, who has submitteda Bid for a work, shall not be a witness for any other Bidder for the same work. Failure toobserve the above stipulations would render all such Tenders submitted as a Bidder and /or as a witness, liable to summary rejection.

17.9 The Contractor shall be fully responsible for all matters arising out of the Performance ofthe Contract and shall, at his own expense, comply with all laws/ acts/ enactments/ orders/regulations/ obligations whatsoever of the Government of India, State Government, LocalBody and any Statutory Authority.

18.0 SIGNING OF CONTRACT AGREEMENT18.1 The Tenderer whose tender has been accepted will be notified of the award by the

Employer by issue of a `Letter of Acceptance’ ‘ prior to expiration of the Bid Validityperiod, in the form at Annexure VI.The Letter of Acceptance will be sent to the Contractor in two copies one of which heshould return promptly, duly signed and stamped. The Letter of Acceptance will be abinding Contract between the Employer and the Contractor till the formal ContractAgreement is executed.

18.2 Within the period as specified in Clause 1 of `Clause of Contract’, of the date of issue ofLetter of Acceptance, the successful Tenderer shall deliver to the Employer, PerformanceGuarantee and Additional Performance Guarantee (where applicable) in the formatprescribed.

18.3 The Tenderer whose Tender is accepted shall be required to submit at his cost stamppapers of appropriate value as per the provisions of Indian Stamp Act within 15 days ofthe date of issue of Letter of Acceptance.

18.4 At the same time the Employer notifies the successful Tenderer that his Tender has beenaccepted, the Employer will direct him to attend the Employer’s office within 28 days ofissue of Letter of Acceptance for signing the Agreement in the proforma at AnnexureVII. The Agreement will however be signed only after the Contractor furnishesPerformance Guarantee and Additional Performance Guarantee (where applicable) andhence, where justified, the period of 28 days stipulated above will be extended suitably.

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ANNEXURE – I

QUALIFYING CRITERIA FOR WORKS CONTRACTS

1. Annual Financial Turnover

The bidder should have achieved a minimum annual financial turnover of ` 601 Lakhs inany one of the last 3 Financial Years.

Notes :

- The financial turnover will be taken as given under the head “Income” in audited Profitand Loss Account and excluding non-recurring income, income from other sources andstock. It is clarified that the Financial Turnover means relevant revenue as recorded in theIncome side of Profit and Loss Account. It does not mean Profit.

- Closing stocks in whatsoever manner should not form part of turnover.- Weightage of 7% (compounded annually) shall be given for equating the financial

turnover of the previous years to the current year.

- For considering the Financial Years, for example for a work for which the Tender is beingopened in Financial Year 2014-15, the last three Financial Years shall be 2013-14, 2012-13, 2011-12, 2010-11 and 2009-10. For a Tender opened on (say) 21.11.14 (F.Y. 2014-15), with weightage of 7% compounded annually, the weightages to be applied on theTurnover of the previous three Financial Years will be : F.Y. 2013-14 = 1.070; F.Y.2012-13 = 1.145; F.Y. 2011-12 = 1.225.

- The Bidder should furnish Annual Financial Turnover for each of the last 3 FinancialYears in tabular form and give reference of the document (with page no.) relied upon insupport of meeting the Qualification Criterion.

- The Bidder should submit self attested copy of Auditor’s Report along with Balance Sheetand Profit and Loss Statement along with Schedules for the relevant Financial Year inwhich the minimum criterion is met. Provisional audit reports or certified statements willnot be accepted.

- If the Audited Balance Sheet for the immediately preceding year is not available in case oftender opened before 30th Sept., audited Balance Sheets, Profit and Loss Statements andother financial statements of the five Financial Years immediately preceding the previousFinancial Year may be adopted for evaluating the credentials of the Bidder.

2. WORK EXPERIENCE

a) Similar Works Experience

For works in Normal areas:

The Bidder should have satisfactorily completed in his own name or proportionate shareas a member of a Joint Venture, at least one similar work of minimum value of

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` 195.5 Lakhs OR at least two similar works each of minimum value of ` 120.5 Lakhsduring the last 5 (five) years prior to the last stipulated date for submission of the Bid.Works completed prior to the cut off date shall not be considered.

Similar Works

Similar Works shall mean the work of any Civil Engineering construction workinvolving bridges carried out in India.

Notes :- A weightage of 7% (compounded annually from the date of completion of the work to the

submission of the Bid) shall be given for equating the value of works of the previousyears to the current year.

- Only such works shall be considered where physical completion of entire work is over orcommissioning of work has been done, whichever is earlier.

- The Bidder should submit the details of such similar completed works as per the format atProforma-1 enclosed.

- Works carried out by another Contractor on behalf of the Bidder on a back to back basiswill not be considered for satisfaction of the Qualification Criterion by the Bidder.

- Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations/ PublicSector Undertakings/ Autonomous bodies of Central State Governments / Municipalbodies/ Public Ltd. Cos. Listed in stock Exchange in India or abroad shall only beaccepted for assessing the eligibility of a Tenderer.

- The cut off date shall be calculated backwards from the last stipulated date forsubmission/ opening of Tender i.e. for a Tender which is being opened on 21.11.2014, thecut off date shall be 22.11.2009.

b) Construction Experience in key activities/specified components

To qualify for award of the contract, each Bidder in his own name or as a member of aJoint Venture should have, in the last five Years prior to the last stipulated date forsubmission of the Bid, executed the following key activities in any one work of:

Construction of RCC box culvert of minimum barrel length of 15 M by makingopening below Railway track, by push through technology or cut & cover method,under running traffic conditions.

Notes:

- The work satisfying the criterion for a particular key activity may be differentfrom a work satisfying the criterion for another key activity.

- The Bidder should furnish with his Bid a tabular statement giving contract-wisequantities of key activities / specialized components executed in the last 5 years

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which meet the Qualification Criterion along with documentary proof in supportthereof (indicating page nos.).

- Even if a work has not been completed but if the specified quantity of the keyactivity has been completed, the same shall be taken into consideration for thepurpose of this criterion.

- Any work executed by the Bidder as a member of a Joint Venture will beaccepted provided there is documentary proof in support of the same either in theMOU/ Agreement of the JV or in a declaration by the other Members of that JVor the Client confirming that the specialized work was actually executed by theBidder.

3. SOLVENCY CERTIFICATE AND SERVICING OF LOAN / CREDIT LIMIT:

(i) A Solvency Certificate of minimum solvency of Rs. 120.5 Lakhs (suggestedformat at Proforma 2) from a Scheduled Bank issued not earlier than 6 monthsfrom the last date for submission of tender is required to be submitted by thebidder.

Notes:

- The certificate so produced by the Bidder may be got verified from the issuing

Bank.

(ii) The bidder should furnish a declaration that he has not failed to service theprincipal amount or interest or both of a loan account/ credit limit from anyBank or Financial Institution during a period of one year prior to thedeadline for submission of bids.

Notes:

In case a bidder has defaulted in servicing his loan /credit limit during thepast one year, he shall be disqualified.

The declaration may be included in the Declaration to be submitted inProforma 3 to this Annexure.

4.0 PROFITABILITY:

The Bidder should be a Profit (Net) making firm and should have made profitduring any two of the past 3 Financial Years immediately preceding the deadline forsubmission of bids. If the Audited Balance Sheet for the immediately preceding yearis not available, in case of tenders opened before 30th September, Audited BalanceSheets of the three Financial Years immediately preceding the previous FinancialYear shall be considered.

The Bidder should furnish figures of net profit of last 3 years in a tabular form andsubmit attested copies of Auditor’s Reports along with audited Balance Sheets andProfit and Loss Statements for the last three Financial Years. Specific reference with

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page no. of document which proves satisfaction of this Qualifying Criterion shouldbe indicated in the tabular statement.

5.0 Net Worth:The Bidder should have positive Net Worth of at least 30% of the Estimated cost.

Notes:

Average Net Worth of the past three financial years shall be considered.

6.0 POINTS TO NOTE ON SATISFACTION OF QUALIFYING CRITERIA IN CASEOF BOTH LARGE AND NORMAL WORKS

a) Sub-Contractor’s Experiences and Resources

Sub-Contractors’ Experiences and Resources will not be taken into account indetermining the Bidder’s compliance with the qualifying criteria.

b) Experiences and Resources of the Parent Company and other subsidiarycompanies

If the Bidder is a wholly owned subsidiary of a company, the experience andresources of the owner/parent company or its other subsidiaries will not be takeninto account. However, if the Bidder is a Company, the Experience and Resourcesof its subsidiaries will be taken into consideration.

7.0 DISQUALIFICATION ON CERTAIN GROUNDS:

Even though the Bidders may meet the above qualifying criteria, they are subject to bedisqualified if they have

a) Made misleading or false representation in the forms, statements and attachmentsin proof of the qualification requirements. In such a case, besides Tenderer’sliability to action under para 9.4 of Instructions to Tenderers, the Tenderer is liableto face the penalty of banning of business dealings with him by RITES.

b) Records of any contract awarded to them, having been determined during thepast three years prior to the deadline for submission of bids. (CS-12 dt.1.9.14)

c) Their business banned or suspended by any Central/State GovernmentDepartment/ Public Undertaking or Enterprise of Central/State Government andsuch ban is in force.

d) Not submitted all the supporting documents or not furnished the relevant details asper the prescribed format.

A declaration to the above effect in the form of affidavit on stamp paper of Rs. 10/- dulyattested by Notary/Magistrate should be submitted as per format given in Proforma 3enclosed.

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Proforma-1

LIST OF SIMILAR WORKS SATISFYING QUALIFICATION CRITERIONCOMPLETED DURING THE LAST 5 YEARS

S.No.

Client's

Nameand

Address

Name ofthe

Work &Location

Scopeof

workcarriedout by

theBidder

Agreement /

Letter ofAwardNo. and

date

Contract Value Date ofstart

Date ofCompletion

Reasonsfor delay

incompleti

onif any

Ref. ofdocument(with page

no.) insupport ofmeeting

Qualification

CriterionAwarded

Actualoncompletion

As perLOA/Agreement

Actual

SEAL AND SIGNATURE OF THE BIDDER

Note :

1. In support of having completed above works, attach self attested copies of the completioncertificate from the owner/client or Executing Agency / Consultant appointed by owner /Client indicating the name of work, the description of work done by the Bidder, date ofstart, date of completion (contractual & actual) and contract value as awarded and asexecuted by the Bidder . “Contract Value” shall mean gross value of the completed workincluding cost of materials supplied by the owner/client but excluding those supplied freeof cost.

2. Such Credential certificates issued by Government Organizations/ Semi GovernmentOrganizations of Central or State Government; or by Public Sector Undertakings /

27

Autonomous bodies of Central or State Government; or by Public Ltd. Companies listedin Stock Exchange in India or Abroad shall only be accepted for assessing the eligibilityof a Tenderer.

In case of a Certificate from a Public Limited Company, the bidder should also submitdocumentary proof that the Public Ltd. Co. was listed in Stock Exchange in India orabroad when the work was executed for it.

3. Information must be furnished for works carried out by the Bidder in his own name orproportionate share as member of a Joint Venture. In the latter case details of contractvalue including extent of financial participation by partners in that work should befurnished.

4. If a Bidder has got a work executed through a Subcontractor on a back to back basis, theBidder cannot include such a work for his satisfying the Qualification Criterion even ifthe Client has issued a Completion Certificate in favour of that Bidder.

5. Use a separate sheet for each partner in case of a Joint Venture.

6. Only similar works completed during the last 5 years prior to the last stipulated date forsubmission of Bid, which meet the Qualification Criterion need be included in this list.

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Proforma 2

SOLVENCY CERTIFICATE FROM A NATIONALISEDOR A SCHEDULED BANK

This is to certify that to the best of our knowledge and information, M/s ____________________,having their registered office at _____________, a customer of our Bank, is a reputed companywith a good financial standing and can be treated as solvent to the extent of Rs. ___________.This certificate is issued without any guarantee or risk and responsibility on the Bank or any of itsofficers.

Signature with dateSenior Bank Manager (Name of Officer issuing the

Certificate)Name, address & Seal of the Bank/ Branch

Note:

Banker’s Certificate should be on letter head of the Bank.

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Proforma 3

DECLARATION BY THE BIDDER

(Affidavit on Non-Judicial Stamp Paper of Rs.10/- duly attested by Notary / Magistrate)

This is to certify that We, M/s. __________________________, in submission of this offerconfirm that:-

i) We have not made any misleading or false representation in the forms, statements andattachments in proof of the qualification requirements;

ii) During the past three years prior to the deadline for submission of bids, no contractawarded to us has been determined.

iii) No Central / State Government Department/ Public Sector Undertaking or Enterprise ofCentral / State Government has banned/suspended business dealings with us as on date.

iv) We have submitted all the supporting documents and furnished the relevant details as perprescribed format.

v) List of Similar Works satisfying Qualification Criterion indicated in Proforma 1 does notinclude any work which has been carried out by us through a Subcontractor on a back toback basis.

vi) The information and documents submitted with the Tender and those to be submittedsubsequently by way of clarifications / making good deficient documents are correct andwe are fully responsible for the correctness of the information and documents submittedby us.

vii) We have not failed to service the principal amount or interest or both of a loanaccount/ credit limit from any Bank or Financial Institution during a period of oneyear prior to the deadline for submission of bids.

viii) We understand that in case any statement/information/document furnished by us or to befurnished by us in connection with this offer, is found to be incorrect or false, our EMD infull will be forfeited and business dealings will be banned.

SEAL, SIGNATURE & NAME OF THE BIDDER

signing this document

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ANNEXURE I A

CHECK LIST OF DOCUMENTS TO BE SUBMITTED

1. a) BY BIDDERS OTHER THAN JOINT VENTURES

i) Annual Financial Turnover

- Annual financial turnover for each of the last 5 Financial Years in tabularform.

- Self attested copies of Auditor’s Report along with the Balance Sheet andProfit and Loss Statement for the relevant Financial Year in which theminimum criterion is met (Refer Notes under Para 1 of Annexure I).

ii) Work Experience

- Similar Work Experience : Proforma 1 of Annexure I with details of 1, 2or 3 works as the case may be, which satisfy requisite qualificationcriterion with self attested copies of supporting document (Refer Para 2a ofAnnexure I).

- Construction Experience in Key Activities/Specialised Components:Tabular Statement giving contract-wise quantities executed in last 5 yearsalong with documentary proof in support of having met the criterion (ReferPara 2b of Annexure I).

iii) Solvency Certificate.

Suggested format at Proforma 2 of Annexure I (Refer Para 3 of Annexure I)

iv) Net Worth:

The bidder should have positive net worth. This will be judged from the AuditedBalance sheet of the last financial year ending on a date not prior to 18 monthsfrom the due date for submission of the tender (or, if the due date is extended, suchextended date of submission).

v) Declaration by Bidder

Proforma 3 (Refer Para 6 of Annexure I)

vi) Integrity Pact (applicable): duly signed and witnessed in the format at AnnexureVIII (Refer para 11.7 of NIT & Instructions to Tenderers)

b) DELETED

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ANNEXURE II A

QUALIFICATION INFORMATION/CHECKLIST OF DOCUMENTS--LETTER OF TRANSMITTAL BY OTHER THAN JOINT VENTURES

(on letter head of the Applicant)

From To_____________ The General Manager (P)

RITES Ltd.RITES Bhawan,Kadbi Chowk,Nagpur - 440004

Sir,

Sub: Submission of Qualification information /documents as per Checklist.

1. I/We hereby submit the following documents in support of my/our satisfying theQualification Criteria laid down for the work:-

a) Self attested copy of a certificate, confirming that the applicant is a working contractoror has executed any work within the last five years reckoned from the date of openingof tender, issued by a Government Organization / Semi Government Organization ofCentral or State Government; or by a Public Sector Undertaking / Autonomous Bodyof Central or State Government; or by a Public Ltd. Company listed in a StockExchange in India or Abroad.

b) Annual Financial Turnover

(i) Annual financial turnover for each of the last 5 Financial Years in a tabular form.(ii) Self attested copy of Auditor’s Report along with the Balance Sheet and Profit

and Loss Statement and Schedules for the relevant Financial Year in which theminimum criterion is met, with calculations in support of the same.

c) Work Experiencei) Similar Work Experience :- In Proforma 1 with details of 1 / 2 / 3 works

as applicable and self attested copies of supporting documents asmentioned therein.

ii) Construction experience in key activities / specialised components:Tabular Statement giving contract wise quantities executed in last 5 yearswith documentary proof.

d) Solvency Certificate - Proforma 2.e) Net Worth: The bidder should have positive net worth. This will be judged from

the Audited Balance sheet of the last financial year ending on a date not prior to 18months from the due date for submission of the tender (or, if the due date isextended, such extended date of submission).

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2. In addition the following supporting documents are also enclosed.a) Self attested copy of Partnership Deed/Memorandum and Articles of Association

of the Firm.b) Self attested copies of PAN/TAN issued by the Income Tax Department.c) Declaration – Proforma 3d) Self attested copy of Sales Tax, Works Contract Tax, Service Tax Registration

Certificate (as applicable).e) Self attested copy of Registration under Labour Laws, like PF, ESI etc.f) Self attested copy of ISO 9000 Certificate ( if any)g) Integrity Pact (where applicable) : duly signed and witnessed.

3. I authorize you to approach any Bank, Individual, Employer, Firm or Corporation,whether mentioned in the enclosed documents or not, to verify our competence andgeneral reputation.

4. I also enclose written Power of Attorney of the signatory of the Tender on behalf of theTenderer.

Yours faithfully,

Encl: As in Paras 1, 2 & 4Signature of Applicant

with Name _________________Date with seal

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ANNEXURE II B (L)

DELETED

ANNEXURE II B (N)

DELETED

ANNEXURE III

DELETED

34

.

ANNEXURE IV

FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY

POWER OF ATTORNEY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevantStamp Act. The stamp paper to be in the name of the firm/ company who is issuing the Power ofAttorney).

We, M/s.______ (name of the firm/company with address of the registered office) herebyconstitute, appoint and authorise Mr./Ms.______ (Name and residential address) who is presentlyemployed with us and holding the position of ______ and whose signature is given below as ourAttorney to do in our name and our behalf all or any of the acts, deeds or things necessary orincidental to our bid for the work _____ (name of work), including signing and submission ofapplication / proposal, participating in the meetings, responding to queries, submission ofinformation / documents and generally to represent us in all the dealings with RITES or any otherGovernment Agency or any person, in connection with the works until culmination of the processof bidding, till the Contract Agreement is entered into with RITES and thereafter till the expiry ofthe Contract Agreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuantto this Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney shallalways be deemed to have been done by us.

(Add in the case of a Consortium/Joint Venture)Our firm is a Member/Lead Member of the Consortium of ___________, _________ and___________.

Dated this the _____ day of ______ 20

(Signature and name of authorized signatory being given Power of Attorney)___________

(Signature and name in block letters of *All the partners of the firm, * Authorized Signatory forthe Company)(* Strike out whichever is not applicable)Seal of firm/ Company

Witness 1: Witness 2:Name: Name:Address: Address:Occupation: Occupation:

35

Notes:

- In case the Firm / Company is a Member of a Consortium/ JV, the authorized signatoryhas to be the one employed by the Lead Member.

- The mode of execution of the Power of Attorney should be in accordance with theprocedure, if any, laid down by the applicable law and the charter documents of theexecutant(s) and when it is so required the same should be under common seal affixed inaccordance with the required procedure.

36

ANNEXURE V

FORMAT FOR POWER OF ATTORNEY TO LEAD MEMBER OF CONSORTIUM / JOINTVENTURE

DELETED

37

ANNEXURE VI

(FORM OF LETTER OF ACCEPTANCE)(By REGD POST / ACK.DUE)

=BLANK=

38

ANNEXURE VII

FORM OF AGREEMENT

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)Agreement No. ________ dated _________

THIS AGREEMENT is made on ________ day of ______ Two thousand ________ betweenRITES Ltd. a Government of India Enterprise and a Company registered under Companies Act,1956 having its registered office at SCOPE Minar, Laxmi Nagar, Delhi - 110092 and itsCorporate Office at RITES BHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representingthrough ____________, RITES LIMITED acting for and on behalf of and as an Agent /Power ofAttorney Holder of _____ hereinafter called the Employer (which expression shall, wherever thecontext so demands or requires, include their successors in office and assigns) on one part andM/s.______ hereinafter called the Contractor (which expression shall wherever the context sodemands or requires, include his/ their successors and assigns) of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz.___________(brief description of the work) and has by Letter of Acceptance dated ____ accepted a tendersubmitted by the Contractor for the execution, completion, remedying of any defects therein andmaintenance of such works at a total Contract Price of ` ______ (Rupees ______________ only)

NOW THIS AGREEMENT WITNESSETH as follows:-

1. In this Agreement words and expressions shall have the same meaning as are respectivelyassigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents in conjunction with addenda/ corrigenda to Tender Documentsshall be deemed to form and be read and construed as part of this agreement viz.

The Letter of Acceptance dated______.Priced Schedule (Bill) of QuantitiesNotice Inviting Tender and Instructions to Tenderers.RITES Tender and Contract FormSpecial ConditionsSchedules A to F.Technical SpecificationsDrawingsAmendments to Tender Documents (List enclosed)General Conditions of Contract (read with Correction Slip Nos. 1 to 5) comprising of

(i) Conditions of Contract(ii) Clauses of Contract(iii) RITES Safety Code

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(iv) RITES - Model Rules for the protection of Health and Sanitaryarrangements for Workers

(v) RITES – Contractor's Labour Regulations.

3. In consideration of the payment to be made by the Employer to the Contractor ashereinafter mentioned, the Contractor hereby covenants with the Employer to execute,complete, remedy defects therein and maintain the works in conformity in all respectswith the provisions of the Contract.

4. The Employer hereby covenants to pay to the Contractor in consideration of theexecution, completion, remedying of any defects therein and maintenance of the works,the contract price or such other sum as may become payable under the provisions of thecontract at the time and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused their respective common seals to behereinto affixed (or have herewith set their respective hands and seals) the day and year firstabove written.

SIGNED, SEALED AND DELIVERED BY

____________________________In the capacity of _____

On behalf of M/s. _________

(The Contractor)

In the presence of

Witnesses (Signature, Name &Designation)

1.

2.

______________________________representing RITES LIMITEDIn the capacity of Agent / Power ofAttorney Holder

For and on behalf of _________

(The Employer)

In the presence of

Witnesses (Signature, Name &Designation)

1.

2.

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ANNEXURE VIII

INTEGRITY PACTBetween

RITES LTD. acting for and on behalf of and as an Agent / Power of Attorney Holder ofPDPC Dn., Singna, Teh:- Chourai, Dist. Chindwara (MP) hereinafter called the “Employer”

AND____________ hereinafter referred to as "The Bidder/Contractor"

Preamble

The Employer intends to award, under laid down organizational procedures, contract/s for

Construction of Proposed Canal Crossings (Br. No. 161-A) (Syphon) of RCCBox at Rly Km. 1241/0-1 Between JLY-CWA stations on Nainpur –Chhindwara Section (N.G) for Pench Diversion Project Canal Division,Singna, Teh:- Chourai, Dist. Chindwara, by Box pushing Method.

The Employer values full compliance with all relevant laws and regulations, and economic useof resources, and of fairness and transparency in his relations with the Bidder/s and/orcontractor/s.

In order to achieve these goals, the Employer will appoint an Independent External Monitor(IEM) who will monitor the Tender process and execution of the contract for compliance with theprinciples mentioned above.

Section 1 – Commitments of the Employer

(1) The Employer commits himself to take all measures necessary to prevent corruption andto observe the following principles:-

1. No employee of the Employer, personally or through family members, will inconnection with the tender or for the execution of the contract, demand, take a

promise for or accept, for self or third person, any material or immaterial benefitwhich the person is not legally entitled to.

2. The Employer will, during the tender process, treat all Bidders with equity andreason. The Employer will in particular, before and during the tender process,provide to all Bidders the same information and will not provide to any Bidderconfidential/additional information through which the Bidder could obtain anadvantage in relation to the tender process or the contract execution.

3. The Employer will exclude from the process all known prejudiced persons.

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(2) If the Employer obtains information on the conduct of any of his employees which is acriminal offence under the IPC (Indian Penal Code) /PC (Prevention of Corruption) Act,or if there be a substantive suspicion in this regard, the Employer will inform its ChiefVigilance Officer and in addition can initiate disciplinary action.

Section 2 – Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits himself to take all measures necessary to preventcorruption. He commits himself to observe the following principles during hisparticipation in the tender process and during the contract execution.

1. The Bidder/Contractor will not directly or through any other person or firm, offer,promise or give to any of the Employer’s employees involved in the tender processor the execution of the contract or to any third person any material or other benefitwhich he is not legally entitled to, in order to obtain in exchange any advantage ofany kind whatsoever during the tender process or during the execution of thecontract.

2. The Bidder/Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies inparticular to prices, specifications, certifications, subsidiary contracts, submissionor non-submission of bids or any other actions, to restrict competitiveness or tointroduce cartelization in the bidding process.

3. The Bidder/Contractor will not commit any offence under the relevant IPC/PCAct; further the Bidder/ Contractor will not use improperly, for purposes ofcompetition or personal gain, or pass on to others, any information or documentprovided by the Employer as part of the business relationship, regarding plans,technical proposals and business details, including information contained ortransmitted electronically.

4. The Bidder/Contractor will, when presenting his bid, disclose any and allpayments he has made, is committed to or intends to make to agents, brokers orany other intermediaries in connection with the award of the contract.

(2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above orbe an accessory to such offences.

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder/Contractor, before award or during execution has committed a transgressionthrough a violation of Section 2 above, or in any other form such as to put his reliabilityor credibility in question, the Employer is entitled to disqualify the Bidder/Contractorfrom the tender process or take action as per the procedure mentioned in the "Guidelineon banning of business dealing" annexed and marked as Annexure "A".

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Section 4- Compensation for Damages

(1) If the Employer has disqualified in terms of the provisions in Section 3, theBidder/Contractor from the tender process prior to the award of contract, the Employer isentitled to demand and recover the damages equivalent to Earnest Money Deposit/ BidSecurity.

(2) If the Employer has terminated the contract during execution in terms of the provisionsunder Section 3, the Employer shall be entitled to demand and recover from theContractor the damages equivalent to Earnest Money Deposit, Security Deposits alreadyrecovered and Performance Guarantee, which shall be absolutely at the disposal of theEmployer.

Section -5 Previous transgression

(1) The Bidder/ Contractor declares that no previous transgression occurred in the last 3 yearswith any other Company in any country conforming to the Anti-Corruption approach orwith any other Public Sector Enterprise in India that could justify his exclusion from thetender process.

(2) If the Bidder/Contractor makes incorrect statement on this subject, he can be disqualifiedfrom the tender process or action can be taken as per the procedure mentioned in"Guideline on banning of business dealing".

Section -6 Equal treatment of all Bidders/Contractors/Sub-Contractors

(1) The Bidder/Contractor undertakes to demand from all partners/sub-contractors (ifpermitted under the conditions/ clauses of the contract) a commitment to act in conformitywith this Integrity Pact and to submit it to the Employer before signing the contract.

(2) The Bidder/ Contractor confirms that any violation by any of his partners/sub-contractorsto act in conformity with the provisions of this Integrity Pact can be construed as aviolation by the Bidder/Contractor himself, leading to possible Termination of Contract interms of Section 4.

(3) The Employer will disqualify from the tender process all bidders who do not sign thisPact or violate its provisions.

Section 7- Criminal charges against violating Bidders/Contractors/Sub-Contractors

If the Employer obtains knowledge of conduct of a Bidder, Contractor or Partners/Sub-Contractor, or of an employee or a representative or an associate of a Bidder, Contractor or Sub-Contractor, which constitutes corruption, or if the Employer has substantive suspicion in thisregard, the Employer will inform the same to its Chief Vigilance Officer.

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Section -8 Independent External Monitor/Monitors

(1) The Employer shall appoint competent and credible Independent External Monitor for thisPact. The task of the Monitor is to review independently and objectively, whether and towhat extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and willperform his functions neutrally and independently. He will report to the MD/RITES Ltd.

(3) The Bidder/Contractor accepts that the Monitor has the right of access without restrictionto all Project documentation of the Employer including that provided by the Contractor.The Contractor will also grant the Monitor, upon his request and demonstration of a validinterest, unrestricted and unconditional access to his project documentation. The same isapplicable to Partners/Sub-Contractors. The Monitor is under contractual obligation totreat the information and documents of the Bidder/Contractor/Partners/Sub-Contractorwith confidentiality.

(4) The Employer will provide to the Monitor sufficient information about all meetingsamong the parties related to the Project provided such meetings could have an impact onthe contractual relations between the Employer and the Contractor. The parties offer tothe Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices or has reason to believe that violation of the agreementby the Employer or the Bidder/ Contractor, has taken place, he will request the Partyconcerned to discontinue or take corrective action , or to take any other relevant action.The Monitor can in this regard submit non-binding recommendations. Beyond this, theMonitor has no right to demand from the parties that they act in a specific manner orrefrain from action or tolerate action.

(6) The Monitor will submit a written report to the MD/RITES Ltd. within 8-10 weeks fromthe date of reference or intimation to him by the Employer and should the occasion arise,submit proposal for correcting problematic situations.

(7) If the Monitor has reported to the MD/RITES Ltd. of a substantiated suspicion of anoffence under relevant IPC/PC Act, and the MD/RITES Ltd. has not, within reasonabletime, taken visible action to proceed against such offender or reported it to the ChiefVigilance Officer, the Monitor may also transmit this information directly to the CentralVigilance Commissioner.

(8) The word Monitor would include both singular and plural.

Section – 9 Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor when hisSecurity Deposit is released on completion of the Maintenance Period and for all other Tendererssix months after the Contract has been awarded.

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If any claim is made/lodged during this time the same shall be binding and continue to be validdespite the lapse of this pact specified above, unless it is discharged/determined by MD/RITESLtd.

Section 10 Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction shall beas stated in the Contract Agreement.

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by thePartner in charge/ Lead Member nominated as being incharge and who holds the Power ofAttorney signed by legally authorised signatories of all the partners/Members. TheMemorandum of Understanding /Joint Venture Agreement will incorporate a provision tothe effect that all Members of the Consortium will comply with the provisions in theIntegrity Pact to be signed by the Lead Member on behalf of the Consortium. Anyviolation of Section 2 above by any of the Partners/Members will be construed as aviolation by the consortium leading to possible Termination of Contract in terms ofSection 3

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder ofthis agreement remains valid. In this case, the parties will strive to come to an agreementto their original intentions.

RITES Ltd.Agent / Power of Attorney Holder__________________________________________________(For & on behalf of the Employer) (For the Bidder/Contractor)

(Office Seal) (Office Seal)

Place:…………………………Date:……………………….

Witness 1:

(Name & Address) -------------------------------------------------------------------------------------------------------------------

Witness 2

(Name & Address) --------------------------------------------------------------------------------------------------------------------

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ANNEXURE-IXMandate Form

ToRITES Ltd.,1, Kadbi Chowk, Nagpur-440004Dear Sir,Sub: Authorisation for payment through Electronic Fund Transfer System

(RTGS/NEFT).We hereby authorize RITES Ltd., to make all our payments, including refund of Earnest Money,through Electronic Fund Transfer System (RTGS/NEFT). The details for facilitating thepayments are given below:

(TO BE FILLED IN CAPITAL LETTERS)1 NAME OF THE BENEFICIARY2 ADDRESS WITH PIN CODE3 (A) TELEPHONE NO. WITH STD CODE

(B) MOBILE NO.4 BANK PARTICULARSA BANK NAMEB BANK TELEPHONE NO. WITH STD CODEC BRANCH ADDRESS WITH PIN CODED BANK FAX NO. WITH STD CODEE 11 CHARACTER IFSC CODE OF THE BANK (EITHER

ENCLOSE A CANCELLED CHEQUE OR OBTAINBANK CERTIFICATE AS APPENDED)

F BANK ACCOUNT NUMBER AS APPEARING ON THECHEQUE BOOK

G BANK ACCOUNT TYPE (TICK ONE) SAVING CURRENTLOAN CASHCREDIT OTHERS

H IF OTHERS, SPECIFY5 PERMANENT ACCOUNT NUMBER (PAN)6 E-MAIL ADDRESSI/We hereby declare that the particulars given above are correct and complete. If the transactionis delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/Wewould not hold RITES ltd., responsible. Bank charges for such transfer will be borne by us.

Dated : __________. SIGNATURE

(AUTHORISED SIGNATORY)Name: _________________

BANK CERTIFICATIONIt is certified that the above mentioned beneficiary holds bank Account No.__________ with ourbranch and the Bank particulars mentioned above are correct.Dated : __________. SIGNATURE

(AUTHORISED SIGNATORY)Name : _________________

OFFICIAL STAMP

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ANNEX-A

Guidelines on Banning of Business Dealings

1. Introduction

1.1 RITES, being a Public Sector Enterprise and ‘State’, within the meaning of Article 12 ofConstitution of India, has to ensure preservation of rights enshrined in Chapter III of theConstitution. RITES has also to safeguard its commercial interests. It is not in the interestof RITES to deal with Agencies who commit deception, fraud or other misconduct in theexecution of contracts awarded / orders issued to them. In order to ensure compliance withthe constitutional mandate, it is incumbent on RITES to observe principles of naturaljustice before banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned,it is incumbent that adequate opportunity of hearing is provided and the explanation, iftendered, is considered before passing any order in this regard keeping in view the facts andcircumstances of the case.

2. Scope

2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, hasbeen laid down in these guidelines.

2.2 It is clarified that these guidelines do not deal with the decision of the Management not toentertain any particular Agency due to its poor / inadequate performance or for any otherreason.

2.3 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

i) `Bidder / Contractor / Supplier' in the context of these guidelines is indicated as‘Agency’.

ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) The Director shall be the ‘Competent Authority’ for the purpose of theseguidelines. MD, RITES shall be the ‘Appellate Authority’ in respect ofsuch cases.

b) MD, RITES shall have overall power to take suo-moto action on anyinformation available or received by him and pass such order(s) as he may

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think appropriate, including modifying the order(s) passed by any authorityunder these guidelines.

iii) ‘Investigating Department’ shall mean any Department, Division or Unitinvestigating into the conduct of the Agency and shall include the VigilanceDepartment, Central Bureau of Investigation, the State Police or any otherdepartment set up by the Central or State Government having powers toinvestigate.

4. Initiation of Banning / Suspension:

Action for banning / suspension business dealings with any Agency should be initiated bythe department/ unit having business dealings with them after noticing the irregularities ormisconduct on their part.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with RITES is under investigation by anydepartment, the Competent Authority may consider whether the allegations underinvestigation are of a serious nature and whether pending investigation, it would beadvisable to continue business dealing with the Agency. If the Competent Authority, afterconsideration of the matter including the recommendation of the InvestigatingDepartment/Unit, if any, decides that it would not be in the interest to continue businessdealings pending investigation, it may suspend business dealings with the Agency. Theorder to this effect may indicate a brief of the charges under investigation. The order ofsuch suspension would operate for a period not more than six months and may becommunicated to the Agency as also to the Investigating Department.

The Investigating Department/Unit may ensure that their investigation is completed andwhole process of final order is over within such period.

5.2 As far as possible, the existing contract(s) with the Agency may be continued unless theCompetent Authority, having regard to the circumstances of the case, decides otherwise.

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may beinformed that its conduct is under investigation. It is not necessary to enter intocorrespondence or argument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency beforeissuing the order of suspension. However, if investigations are not complete in six monthstime, the Competent Authority may extend the period of suspension by another threemonths, during which period the investigations must be completed.

6. Grounds on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, sowarrants;

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6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by aCourt of Law for offences involving moral turpitude in relation to its business dealingswith the Government or any other public sector enterprises or RITES, during the last fiveyears;

6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, ownerof the Agency have been guilty of malpractices such as bribery, corruption, fraud,substitution of tenders, interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a personconvicted for an offence involving corruption or abetment of such offence;

6.5 If business dealings with the Agency have been banned by the Govt. or any other publicsector enterprise;

6.6 If the Agency has resorted to Corrupt, fraudulent practices includingmisrepresentation of facts;

6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on theCompany (RITES) or its official in acceptance / performances of the job under thecontract;

6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in complyingwith contractual stipulations;

6.9 Based on the findings of the investigation report of CBI / Police against the Agency formalafide / unlawful acts or improper conduct on his part in matters relating to theCompany (RITES) or even otherwise;

6.10 Established litigant nature of the Agency to derive undue benefit;

6.11 Continued poor performance of the Agency in several contracts;

(Note: The examples given above are only illustrative and not exhaustive. The CompetentAuthority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings

7.1 A decision to ban business dealings with any Agency shall apply throughout theCompany.

7.2 If the Competent Authority is prima-facie of view that action for banning businessdealings with the Agency is called for, a show-cause notice may be issued to the Agencyas per paragraph 8.1 and an enquiry held accordingly.

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8. Show-cause Notice

8.1 In case where the Competent Authority decides that action against an Agency is calledfor, a show-cause notice has to be issued to the Agency. Statement containing theimputation of misconduct or mis-behaviour may be appended to the show-cause noticeand the Agency should be asked to submit within 30 days a written statement in itsdefence. If no reply is received, the decision may be taken ex-parte.

8.2 If the Agency requests for inspection of any relevant document in possession of RITES,necessary facility for inspection of documents may be provided.

8.3 After considering the reply of the Agency and other circumstances and facts of the case, afinal decision for Company-wide banning shall be taken by the Competent Authority. TheCompetent Authority may consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;b) For banning the business dealing with the Agency.

8.4 The decision should be communicated to the Agency concerned along with a reasonedorder. If it decided to ban business dealings, the period for which the ban would beoperative may be mentioned.

9. Appeal against the Decision of the Competent Authority

9.1 The Agency may file an appeal against the order of the Competent Authority banningbusiness dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall bepreferred within one month from the date of receipt of the order banning business dealing,etc.

9.2 Appellate Authority would consider the appeal and pass appropriate order which shall becommunicated to the Agency as well as the Competent Authority.

10. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning orderpassed originally by Competent Authority under the existing guidelines either before orafter filing of appeal before the Appellate Authority or after disposal of appeal by theAppellate Authority, the review petition can be decided by the Competent Authority upondisclosure of new facts /circumstances or subsequent development necessitating suchreview.

11. Circulation of the names of Agencies with whom Business Dealings have beenbanned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority ofRITES may circulate the names of Agency with whom business dealings have been

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banned, to the Ministry of Railways and PSUs of Railways, for such action as they deemappropriate.

11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for moreinformation about the Agency with whom business dealings have been banned a copy ofthe report of Inquiring Authority together with a copy of the order of the CompetentAuthority/ Appellate Authority may be supplied.

12. Restoration

12.1 The validity of the banning order shall be for a specific time & on expiry of the same, thebanning order shall be considered as "withdrawn".

12.2 In case any agency applies for restoration of business prior to the expiry of the ban order,depending upon merits of each case, the Competent Authority which had passed theoriginal banning orders may consider revocation of order of suspension of business/liftingthe ban on business dealings at an appropriate time. Copies of the restoration orders shallbe sent to all those offices where copies of Ban Orders had been sent.

__________________________________

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Section - 2

TENDER & CONTRACT FORM

52

SECTION 2

TENDER AND CONTRACT FORM FOR WORKS

To

General Manager (P), RITES Ltd., 1,RITES Bhavan, Kadbi Chowk,Nagpur – 440 004

Sub: TENDER FOR THE WORK OF

Construction of Proposed Canal Crossings (Br. No. 161-A) (Syphon) of RCCBox at Rly Km. 1241/0-1 Between JLY-CWA stations on Nainpur –Chhindwara Section (N.G) for Pench Diversion Project Canal Division,Singna, Teh:- Chourai, Dist. Chindwara, by Box pushing Method.

(TENDER No. RITES/GM/NGP/T-32-2014 dated 21.10.14 ISSUED BY RITES LTD,NAGPUR)

TENDER

1. I/We have read and examined the Notice Inviting Tender and Instructions to Tenderers,Special Conditions, Schedules A to F, Technical Specifications, Drawings, Schedule /Bill of Quantities and General Conditions of Contract as well as other documents andrules referred to in GCC and all the details contained in the Tender Document for thework.

2. I/We hereby tender for the execution and completion of the work and remedy any defectstherein, specified in the Schedule of Quantities within the time specified in Schedule “F”,and in accordance in all respects with the specifications, designs, drawings andinstructions in writing referred to in Notice Inviting Tender and Instructions to Tenderersand in Clause 11 of the Clauses of Contract and with such materials as are provided for,by, and in respects in accordance with, such conditions so far as applicable.

3. We agree that our tender shall remain valid for a period of 90 days from the due date forsubmission of bid or extended date as stipulated and not to make any modifications in itsterms and conditions.

4. A sum of ` 3,00,500/- ( Rupees Three Lakhs Five Hundred only) is hereby forwardedin the form of Banker’s cheque/Pay Order /Demand Draft issued in favour of RITES Ltd.,payable at Nagpur as the Earnest Money. Mandate Form authorizing RITES Ltd to makeall payments through RTGS/NEFT as per Annexure IX duly filled in, is enclosed.

5. If I/We withdraw my/our tender during the period of tender validity or before issue ofLetter of Acceptance which ever is earlier or make modifications in the Terms and

53

Conditions of the Tender which are not acceptable to the Employer, then the Employershall, without prejudice to any other right or remedy, be at liberty to forfeit entire EarnestMoney absolutely.

6. If I/We fail to furnish the prescribed Performance Guarantee and Additional PerformanceGuarantee (if applicable) within prescribed period, I/We agree that the said Employershall, without prejudice to any other right or remedy, be at liberty to forfeit the saidEarnest Money absolutely.

7. If, I/We fail to commence the work within the specified period, I/We agree that theEmployer shall, without prejudice to any other right or remedy available in law, be atliberty to forfeit the Earnest Money and Performance Guarantee and AdditionalPerformance Guarantee (if applicable) absolutely.

8. Further, I/We hereby agree that in case of forfeiture of Earnest Money or both EarnestMoney & Performance Guarantee and Additional Performance Guarantee (if applicable)as aforesaid in paras 5 to 7, I/We shall be debarred from participation in re-tenderingprocess of the work.

9. On issue of Letter of Acceptance by the Employer, I/We agree that the said EarnestMoney shall be retained by the Employer towards Security Deposit, to execute all theworks referred to in the Tender document upon the Terms and Conditions contained orreferred to therein and to carry out such deviations as may be ordered, upto maximum ofthe percentage mentioned in Schedule F at rates as stipulated in relevant Clauses ofcontract and those in excess of that limit at the rates to be determined in accordance withthe provisions contained in Clauses 12.2 and 12.3 of the tender form.

10. I/We hereby agree that I/ We shall sign the Formal Agreement with the Employer within28 days from the date of issue of Letter of Acceptance. In case of any delay, I/We agreethat we shall not submit any Bill for Payment till the Contract Agreement is signed.

11. I/We hereby declare that I/We shall treat the tender documents, drawings and otherrecords connected with the work as secret/confidential documents and shall notcommunicate information derived there from to any person other than a person to whomI/We am/are authorized to communicate the same or use the information in any mannerprejudicial to the safety of the Employer/State.

12. I/We hereby declare that I/We have not laid down any condition/deviation to any contentof Technical Bid and/or Financial Bid. I/We agree that in case any condition is found tobe quoted by us in the Technical and/or Financial Bid, my/our Tender may be rejected.

13. I/We understand that the Employer is not bound to accept the lowest or any tender hemay receive. I/We also understand that the Employer reserves the right to accept thewhole or any part of the tender and I/We shall be bound to perform the same at the ratesquoted.

14. Until a formal agreement is prepared and executed, this bid together with our writtenacceptance thereof shall constitute a binding contract between us and RITES.

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15. I am/We are signing this Tender offer in my / our capacity as one/those authorized to signon behalf of my/our company/as one holding the Power of Attorney issued in my favouras Lead Member by the Members of the Joint Venture.

Signature of Authorized Person/sDateNames/ & Title of SignatoryName of TendererPostal Address

Seal

WitnessSignatureNamePostal AddressOccupation

______________________________

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Section - 3

SPECIAL CONDITIONS

56

Section - 3

SPECIAL CONDITIONS/SPECIFICATIONS

SPECIAL CONDITIONS

3.0 OBJECTIVE:

The intent of the specifications for proposed canal crossing box cast in reinforced concretesegments is to generate structural integrity and overall safety during laying and pushingthrough Railway embankments by Jacking.

3.1 Precautions while working in the vicinity of Railway Track:

(a) As the work is required to be done along and near existing running Railway track,the contractor(s) shall take steps as are necessary for the safety of the track &labour working at site. He/They will also be required to make programme ofhis/their work so as not to interfere with the movement of trains. No extrapayment shall be allowed for these precautions and also for crossing track/tracksrequired during execution of the work. It should be ensured that the ballast of theRailway track(s) is not spoiled or mixed with earth or disturbed.

(b) The necessary caution order shall be obtained by the contractor from the Railwaysunder intimation to RITES before commencing the pushing below track formation.In addition to the precautions taken by the contractor for the safety of the track andlabour, it may be necessary to post flagmen as an additional safety measure. Thecontractor(s) shall be fully responsible for any damage to or trespass caused byhis/their men to surrounding structure, RITES/ PDPC Dn, Singna, Teh:- Chourai,Dist. Chindwara (MP) bears no liability whatsoever on this account.

c) Instructions given by Railway authority regarding safety shall be strictly followedduring execution of work.

3.2 Safety Precautions:

i)The contractor/s shall at all times adopt safe methods to work and will ensure safety ofstructure, equipment and labour. If at any time the RITES / PDPC Dn, Singna, Teh:-Chourai, Dist. Chindwara (MP) finds the safety arrangements unsafe, the contractor/sshall take immediate corrective action as directed by RITES / PDPC Dn, Singna, Teh:-Chourai, Dist. Chindwara (MP) in the matter. This shall in no way absolve thecontractor/s of his/their sole responsibility to adopt safe working methods.

ii) The Contractor/s shall design and execute temporary works such as form work andsupports, so as to ensure absolute safety of contractor/s personnel as well as RITES staffand personnel engaged on the work. The Contractor/s should indemnify the RITES /PDPC Dn, Singna, Teh:- Chourai, Dist. Chindwara (MP) against damages and injury toworkmen. RITES / PDPC Dn, Singna, Teh:- Chourai, Dist. Chindwara (MP) reserve the

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right to enforce safety regulations on the contractor and recover any cost which may beincurred for the purpose.

iii)Whenever a lorry or any other form of road transport if required to ply along or in thevicinity of a running line or any other railway track where Engines or Trains arescheduled to move, the contractor shall inform the RITES in writing of such requirementspecifying the locations and the duration of time over which such specified road vehicleshave to operate in the area (for loading, leading or unloading of earth, ballast or any othermaterial, plant or equipment) without any obstruction or dislocation to the running oftrains. The contractor also should furnish the particulars of vehicles and the name andphotograph of drivers to enable the RITES / PDPC Dn, Singna, Teh:- Chouria, Dist.Chindwara (MP) to issue necessary permits to operate the vehicles, with such restrictionsregarding the durations and/or locations as are considered necessary. Such permit shall bereturned to the as soon as the work for which it is issued is over.

iv) The contractor shall execute a bond undertaking to ply to road vehicles in a safe andsatisfactory manner and strictly in accordance with the stipulations and other conditionsspecified by RITES and to engage and retain only the permit holder to be the contractor’sagent in charge of the vehicles, while driving or at rest. The person in charge of thevehicles or the attendant shall at all times be vigilant and on the look out for signals fromthe look out men, flagmen or other personnel available at sit with a view to stop orregulate the road movement so as to ensue adequate margin of safety for the timelypassage of an approaching train or Railway engine, without any delay or detention.

v)The contractor shall also be bound by the provision of this agreement to ply the roadvehicles only with adequate margin of safety, well clear of the fixed structure profile ofinfringement, as stipulated in the rules made under the Indian Railway Act and to seekand be guided by the signal and other directions of any lockout men for other personnelretained for the purpose of ensuring safety, and to ensure care and vigilance while turning,reversing or moving the road vehicle in any other manner, at an inclination to the runningRailway track or the siding, as the case may be.

vi)The contractor also undertakes to make good at his own cost any inconvenience, loss,damage, or other expenses caused to or incurred by the Railway/ PDPC Dn, Singna, Teh:-Chouria, Dist. Chindwara (MP) administration and to pay such amount as determined byRailways/ PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) to be recoverablefrom the contractor as penalty or damage for any omission, negligence, careless, oversightor accidents on the part of any of the contractor’s agents, drivers or attendants or anyperson to whom the services of the holder of the permit issued by RITES / PDPC Dn,Singna, Teh:- Chouria, Dist. Chindwara (MP) has been lent otherwise made accessible oravailable.

vii)Any breach of these conditions by the contractor and/or his agent affecting the safetyof movements of trains, engines or other rolling stock of the Railway/ PDPC Dn, Singna,Teh:- Chouria, Dist. Chindwara (MP) shall constitute a breach of contract by thecontractor entailing liability for termination of contract for default on the part of thecontractor.

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3.2 Protection at the work site:

i) On Railway track where the train traffic will be operational during the executionof the contract work, protection of the work site as considered appropriate andadequate shall be arranged by the contractor at his own cost.

ii) Notwithstanding the aforementioned protection at the work site, the contractorshall be responsible for providing appropriate and adequate system for warning thecontractor’s workmen about the train traffic on or in the vicinity of the site ofwork. The decision of the RITES representative whether the facilities provided bythe contractor in this regard are appropriate and adequate or not, shall be final andconclusive.

iii) Since work involves deep excavation and almost continuous activity of loweringof sub soil water requires specific protection arrangements of safety of contractor’sworkmen and proper shoring & strutting to be made to ensure the retaining ofearth during entire duration of work.

3.3 Works During Block Period :

i) For excavation nearer to the Railway track proper shoring and strutting shall be used,shoring and strutting arrangement shall be approved by the Railways.

ii) In case of any accident during construction due to which the Railway/ PDPC Dn,Singna, Teh:- Chouria, Dist. Chindwara (MP) undergoes monetary or structural

losses, it is the responsibility of the contractor to bear such losses. Any assessmentmade by the Railway/ PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) shallbe binding on the contractor.

iii) During insertion of RCC box by Push through technique the use of RH Girder belowRailway track by provision of sufficient soil cushion below track shall generally beavoided and all required care during pushing the box has to be taken by contractor toavoid puncturing of cushion below track. Further the instructions given by Railways& notes mentioned in this regard in the GAD have to be strictly followed. If duringexecution of work for safety of Railway track and site conditions, Railway / PDPC

Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) insist insertion of RH Girder, thecost of providing, transportation, shifting, lifting and placing in position as advised byRailways and any other charges demanded by Railway shall be paid by the contractorin order to complete the assignment upto the satisfaction of Railways/RITES and thesame will be reimbursed on production of documentary evidence for making suchpayments to the entire satisfaction of Engineer in charge.

iv) Supervision of the works within the Railway boundary shall be done by the Railway aswell. Any instructions given by the Railways regarding the works shall be binding on

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the contractor. Contractor shall arrange for the necessary conveyance for the officersof Railways for the supervision/inspection of the portion of works within the Railwayboundary.

3.4 SPECIAL SPECIFICATIONS:

i) Minor modification in the Detailed RCC Design of push through RCC Box to suit thepushing technique/method being adopted by contractor based on data and parameters asper latest relevant codes and requirement of Railways shall have to be done by thecontractor. The design shall be submitted to the RITES/Railways for obtainingnecessary approval. It is the responsibility of the contractor to obtain approval from theRailways. This shall be part of push box item and no extra payment shall be made tothe contractor.

ii) Earthwork in excavation in all sorts of strata in approaches, for casting of thrust bedand during pushing operations including dewatering if required and disposal of thesame outside the Railway area shall be done as directed by the Engineer.

iii) Casting of RCC thrust bed including its structural design, obtaining approval from theRITES and Railway authorities along with necessary pile or any other type offoundation as per approved design by Railway shall be the part of push box Item andno extra payment shall be made on this account.

iv)If required, necessary provisions of opening in roof of boxes for bentonite pumpingshall have to be provided by the contractor and no extra payment shall be made on thisaccount.

v)As per approved design, necessary MS front and rear-end frame/cutting shield,intermediate jacking stations, connecting frame in between box segments, fixing of suchframes/cutting shield to the RCC box units at proper locations, levels and casting andcuring of concrete box shall have to be done by the contractor. The cost of all aboveshall be included in item of push box and no extra payment shall be made to thecontractor on this account.

vi) The maximum allowable deviations of precast boxes at any time during pushing andjacking operations shall be 200 mm in horizontal and 100 mm in vertical directionfrom the approved alignment of box location. Pushing and jacking of pre casted boxesto form the opening below Railway track shall have to be executed with greatprecision, accuracy and adequate safety measures as per directions of the RITESEngineers.

vii) The minimum gap between pushed segments shall be ensured during pushing. Thegap / joints if any , jacking locations shall be grouted with suitable epoxy groutingmaterials having adequate strength after completion of pushing the boxes atappropriate locations shall have to be done by the Contractor. The grouted or filled upgap/gaps shall not be considered into measurement. The materials for grouting shallbe got approved from the RITES before use. The cost of this shall be included in

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push box item and no extra payment shall be made to the Contractor on this account.

viii) The contractor shall submit the methodology of box pushing in detail as proposed byhim. The same shall have to be got approved by RITES and Railways prior to startof work.

ix) All safety measures related to Railway track, Railway and other cables, trainmovements, traction lines, masts etc., shall have to be ensured as per direction ofRailway/RITES authorities during entire construction and pushing operations. Thecontractor shall see that no damage is caused to Railway signaling, transmission wires,installations, communication lines, electric devices, pipe lines, fencing, rolling stackor any other Railway installations and equipment. In case any damage is caused tothese due to the fault of the contractor or on part of any one of his behalf, all repairsrequired will be carried out by Railways and entire cost of the same shall have to beborne by the contractor else it will be recovered from payment due to him.

x) No extra payment shall be made for wet excavation or lowering of subsoil water orbailing out water. The contractor will have to make his own arrangement for bailingout water including pumping.

xi) The locations and details of construction joints not indicated on approved drawingsshall have to be got approved by RITES before concrete is poured.

xii)All anchor bolts, inserts, pipes, conduits, sleeves, brackets, frames, nosings, bolts etc.,and any other items that are required to be embedded in the concrete shall be placed incorrect position before pouring of concrete. Block out and opening shall be kept asindicated in approved drawing. These inserts shall be welded to nearest reinforcementto keep them in proper position and location. These all items shall be the part of pusbox item and no extra payment shall be made on this account.

xiii) The contractor shall provide Epoxy paint on Outer vertical surface of box as directed

by RITES, no payment shall be made on this account and shall be included in therates quoted for Item No.1 of Schedule of Quantities.

xiv) In case, any hard soil strata encountered during the pushing of boxes requires theblasting, the necessary prior approval shall have to be obtained by the contractorfrom concerned Railway authorities by submitting the complete methodology ofcontrolled blasting with safety arrangements of track and the contractor will have tomake his own arrangement for controlled blasting ensuring overall track safety andno extra payment shall be made on this account.

xv) In case , any changes in basic parameters like surcharge , Frame section of approvedGAD made by Railways post award of contract, the justified variation in quantity ofsteel & concrete only may be admissible w.r.t existing BOQ items with the priorapproval of Engineer in charge.

xvi) The process of obtaining the CRS sanction shall be commenced through Railways.No compensation will be paid for any undue delay which is not attributable toRITES/ PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) due to unforeseenreasons at site and obtaining CRS sanction as the case may be.

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3.5 Box culverts:

Box culverts are to be cast in pre-cast segments of convenient lengths depending upontotal pushing length. The Box section is to be designed as per IRS / IRC codes of practicefor loading. It shall be approved from Railways before execution of the work. Concretegrade normally not to be less than M-35.The grade of concrete shall be specified inapproved drawings. The Box units are cast on the thrust bed itself.

3.6 Thrust Beds:

Thrust bed is a R.C.C bed designed to take and dissipate the jacking load to the soilunderneath. There are two zones in thrust bed .One is main zone which is for pushing theboxes through road embankment. Other is shifting zone, which is for casting the boxesand for shifting the boxes to the main zone.

The Thrust bed and thrust wall/beam and keys shall be designed in R.C.C. to resist therequired thrust extorted by Jacking force and transfer it to soil at bottom and sides. It shallbe suitably designed as per anticipated load as well as provision shall be made forinstallation of jacking rig, skids etc. The thrust bed/wall and keys as shall be designed bythe contractor and approved by the RITES/ Railways. Soil investigation shall be carriedout by the Contractor if required for designing of Thrust bed. Provision for Jackingsupports may be made by providing suitable Pockets in the bed to accommodate pinsupports.

3.7 Front Cutting Shield & Rear Jacking Shield

The First Segment of the precast box shall be provided with a speciallydesigned cutting shield which forms the front working face with cutting edgefabricated from 16 to 20mm thick M.S. Plates and housed on RCC Box section withsuitable anchor bolts. Necessary strengthening shall be provided by stiffeners andface plates of Box. On completion of jacking the outer shell of the shield is cut andremoved.The Rear Jacking shield is provided by anchoring steel plate on the face ofBottom slab of RCC Box suitably designed to distribute the jacking loaduniformly on concrete area.

3.8 Hydraulic equipment

The proper selection of Hydraulic equipments shall be done by executing agency. Thehydraulic system shall be of suitable capacity to provide pushing load simultaneously andevenly to number of jacks fixed on the face of concrete. All jacks shall operatesimultaneously with a common power pack supplying uniform flow of pressure throughnetwork of hydraulic pipes (designed to take required pressure) from front unit to last unit.Since the entire system operates under tremendous hydraulic pressure, safety of personsworking in the area shall be prime criteria in selection of Hydraulic Equipment system.

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3.9 Maintenance /Defect liability period:

i) The maintenance of all assets / works of the project handed over to the contractor byclient / constructed by the contractor will be the responsibility of the contractor, during theperiod of construction.ii) After completion of the works, the contractor shall maintain all assets for period ofTwelve months from the date of completion of the works. No Payment shall be made forthis work. During this period the contractor shall carry out the following activities at hiscost:

a) Maintenance and repairs to formation, cess and slopes of banks/ cuttings to properprofile.

b) Maintenance of all civil works pertains to box, the contractor shall be responsible forrectification of defects arising out of defective work man-ship/ defective materials forthis period of twelve months from the date of completion of the work and shall beresponsible for replacement of all defective materials and for rectification of all defectsat his own cost.

iii) The assets shall be handed over to Engineer-in-Charge / PDPC Dn, Singna, Teh:-Chouria, Dist. Chindwara (MP) at the end of the maintenance period as per stipulationsgiven in Technical Specifications.

3.10 Custody of materials:

a) All materials brought by the contractor for the work, even if, these have been passed byRITES and payments made therefore, will remain in the custody of the contractor tillfinally used on the work and properly accounted for.

b) For this purpose, the contractor will set up his depots in the plant area at locations asdirected by the site engineer of RITES.

c) All the materials so received and stored in the depots by the contractor shall be carefullyhandled, stacked and maintained so that they are not damaged and used in the work ingood condition. In case any materials are damaged in storing, deductions for their costshall be made from contractor’s bills.

d) All these depots will be set up and maintained by the contractor at his own cost andnothing extra shall be payable on this account.

3.11 Accidents

a) If any accident occurs in the project area under the charge of the contractor during theperiod of construction or during the defect liability / maintenance period of 6 months afterthe commissioning of works, causing damage to the works / assets, an inquiry shall beconducted by RITES / PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) and if it isfound in the inquiry that the accident was caused due to any negligence / failure on thepart of the contractor / his staff / defective workmanship /defective material etc.attributable to the contractor, he shall be responsible to carry out all required repairs /replacement / works to the assets being maintained by him, solely at his cost. The decisionof the inquiry committee in this regard, shall be final and binding. In addition, the

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contractor shall compensate the Railway / PDPC Dn, Singna, Teh:- Chouria, Dist.Chindwara (MP)/RITES by payment of Rs, 5 Lacs (Rs. Five lacs) per accident in caseswhere the contractor / his staff / defective workmanship /defective material etc. are foundresponsible for the accident.

b) If, however, it is found in the inquiry that the contractor was not responsible in any wayfor the accident and the accident occurred due to any fault on the part of Railway / PDPCDn, Singna, Teh:- Chouria, Dist. Chindwara (MP)/ any other cause, the contractor shallnot be responsible for carrying out the require repairs / replacements/ works at his cost.

c) Notwithstanding as to who is responsible for the accident, the contractor, if required byRITES / PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP) shall immediately carryout all the required repairs / replacements / works to the assets being maintained by him, ataccident site and in case he is not found responsible for the accident as indicated inpara (ii) above, he shall be paid for the works / replacements/repairs as per schedule ofrates as accepted in Schedule of Quantities. For additional items if any, the payment shallbe governed by provisions of General Conditions of Contract. In any case, the contractorshall not delay the restoration work at accident site and shall carry them out immediatelyon instructions from RITES. Any failure in this regard (delay in restoration work) shall betreated as breach of contract and the contractor shall be liable to pay a penalty of Rs.25000/- ( Twenty Five Thousand) per day for the days the restoration work is not taken upby the contractor to the satisfaction of the Engineer-in- Charge.

__________________________________

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Section - 4

SCHEDULES A TO F

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SECTION 4

PROFORMA OF SCHEDULES

(Operative Schedules to be supplied separately to each intendingTenderer)

SCHEDULE ‘A’

Schedule of quantities (As per Bill of Quantities attached)

(BOQ to be attached with Financial Bid)

SCHEDULE ‘B’ –

Schedule of materials to be issued to the contractor. (Refer Clause 10 of Clauses of Contract)

S.No Description ofitems

Quantity Rates in Figures & words atwhich the material will becharged to the contractor

Place of Issue

1 2 3 4 5

- Not Applicable -

SCHEDULE ‘C’ –

Tools and plants to be hired to the contractor. (Refer clause 34 of Clauses of Contract).

S.No Description Hire charges per day Place of Issue1 2 3 4

- Not Applicable -

SCHEDULE ‘D’

Extra schedule for specific requirements/documents for the work, if any.

- Not Applicable -

SCHEDULE ‘E’ –

Schedule of components of Cement, Steel, other materials, POL,Labour etc .for price escalation. (Refer Clause 10CC of Clausesof Contract).

(To be worked out and filled by NIT approving authority. The

Components and their percentages may be modified depending on

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the nature of work)

CLAUSE 10 CC

Component of Cement (Xc)

expressed as percent of total value of work 15%

Component of steel (X5)

expressed as percent of total value of work 30%

Component of other materials (XM) (except cement & steel)

expressed as per cent of total value of work 10%

Component of labour (Y)

expressed as percent of total value of work 30%

Component of P.O.L (Z)

expressed as percent of total value of work 15%

______________

Total 100 %_

SCHEDULE ‘F’

Reference to General Conditions of Contract

Name of Work: Construction of Proposed Canal Crossings (Br. No. 161-A)(Syphon) of RCC Box at Rly Km. 1241/0-1 Between JLY-CWA stations onNainpur – Chhindwara Section (N.G) for Pench Diversion Project CanalDivision, Singna, Teh:- Chourai, Dist. Chindwara, by Box pushing Method.

Estimated cost of work: ` 3, 00, 49,523/- (Rupees Three Crore Forty Nine Thousandand Five Hundred Twenty three only)

Earnest money: ` 3, 00,500/- (Rupees Three Lakhs Five Hundred only)

Performance Guarantee (Ref. Clause 1): 5% of Tendered value.

Security Deposit: (Refer clause 1A): 5% of Tendered value

Notice Inviting Tender and Instruction to TenderersOfficer inviting tender: General Manager (P), RITES Ltd., 1,

RITES Bhavan, Kadbi Chowk, Nagpur –440 004

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CONDITIONS OF CONTRACT

Definitions

2 (iv) Employer PDPC Dn, Singna, Teh:- Chouria, Dist. Chindwara (MP)

represented by RITES Ltd., for and on behalf of it, as an

agent / Power of attorney holder.

2(v) Engineer-in-Charge General Manager (P), RITES Ltd., 1, RITES Bhavan,Kadbi Chowk, Nagpur – 440 004

2(vii) Accepting Authority General Manager (P), RITES Ltd., 1, RITES Bhavan,Kadbi Chowk, Nagpur – 440 004

2(ix) Percentage on cost of materialsand labour to cover all 15%overheads and profits.

2(x) Standard Schedule of Rates SOR/MP/PWD/2013 (Road & Bridges) (to bemodified as per requirement and as applicable)

2(xiii) Date of commencement of work 15 days from the date of issue of LOA or the firstdate of handing over of site whichever is later

9 (a) (ii) General Conditions of Contract RITES General Conditions of ContractJuly-2011 Edition as modified & corrected uptoC.S.No. 06 dated 12.05.14

CLAUSES OF CONTRACT

Clause 11 (i) Time allowed for submission of

P.G. from the date of issue ofLetter of Acceptance subject 28 days.to maximum of 15 days

Maximum allowable extensionbeyond the period provided in(i) above subject to a maximum of 07 days.7 days

Clause 2

Authority for fixing compensation under

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Clause 2 General Manager (P), RITES Ltd., 1,RITES Bhavan, Kadbi Chowk, Nagpur –440 004

Clause 2A

Whether Clause 2A shall be applicable NO

Clause 5

5.1 (a) Time allowed for execution of work 11 months from the date of start

Date of start 15 days from the date of issue ofLetter of Acceptance or the first dateof handing over of site whichever islater

5.1 (b) TABLE OF MILESTONE(S) :- DELETED

Clause 5A Shifting of stipulated date of completionCompetent Authority Accepting Authority as

specified in Clause 2(vii) OfConditions of ContractAbove”

Clause 6 A Whether Clause 6 or 6A applicable 6

Clause 7Gross work to be done together with netpayment/adjustment of advances formaterial collected, if any, since the last such ` 10.00 Lakhspayment for being eligible to interim payment

Clause 10A

i) Whether Material Testing Laboratory is tobe provided at site. YES

ii) If “YES” list of equipments to be provided Refer Annexure (i)Clause 10 B

Whether Clause 10 B(ii) to (v) applicable NO

Clause 10 CC

Whether Clause 10CC applicable YES

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Clause 11

Specifications to be followed for execution As per Technical specification mentioned inSection-5 for civil works

of work:For Non DSR Items and items ofSpecialised nature in Railway Works etc.

Specifications under Section - 3 & 5.Clause 12Clause 12.2 Deviation Limit beyond which i) For Non-foundation items.12.3 & 12.5 Clauses 12.2,12.3 & 12.5shall Plus 25%

apply Minus No limitii) For Foundation Items

Plus 100%Minus No limit

Note: For Earthwork, individual classi-fication quantity can vary to any extentbut overall Deviation Limits will be asabove.

12.5 Definition of Foundation item ifother than that described inClause 12.5 Not Applicable

Clause 16 Competent Authority for General Manager (P), RITES Ltd. Nagpurdeciding reduced rates

Clause 17 Maintenance Period 12 Months

Clause 18 List of mandatory machinery, tools & plants to be deployed by the Contractor atsite:-1. Concrete mixer with Weigh Batcher of suitable capacity.2. Excavator / JCB3. Tippers as required4. Generators of suitable capacity5. Pumps for Dewatering and Vibrators for concrete mixing6. Suitable steel shuttering in sufficient quantity7. Hydraulic jacks of suitable capacity8. Sand bags, Battens, channels etc in sufficient quantity for sheet piling, ifrequired9. Used Rails for rail clusters, if required etc etc

Clause 2525 (i) Appellate Authority - Exective Director (RP)

RITES Ltd.

Appointing Authority - Exective Director (RP)RITES Ltd.

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Clause 36 (i) & (iii)

Minimum Qualifications & Experience required and Discipline to which should belong

Designation MinimumQualification

Minimumworkingexperience

Discipline towhich shouldbelong

Number

Principal TechnicalRepresentative

Graduate or retiredAssistant Engineerpossessing at leastrecognized Diplomain Engineering.

5 year CIVIL 1

Deputy TechnicalRepresentative

Graduate or Diploma Graduate -03years

Diploma- 5years

CIVIL 1

Engineers( Degree/Diploma)

1

36 (iv) Recovery for non-deployment of Principal Technical Representative and DeputyTechnical Representative

Designation Rate of Recovery per month (in `) for non-deployment

Principal TechnicalRepresentative

` 35000/-

Deputy Technical Representative ` 25000/-Engineer (Degree / Diploma Holder) ` 20000/-

Clause 42

i)(a) Schedule/statement for determining SOR- MP, PWD 2013theoretical quantity of cement &bitumen on the basis of DelhiSchedule of Rates printed by CPWD/CSR printed by MP,PWD

ii) Variations permissible on theoreticalquantities

a) Cement- for works with estimated cost 3% plus / minus

put to tender not more than Rs.5 lakhs- for works with estimated cost put to 2% plus / minus

tender more than Rs.5 lakhs

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b) Bitumen for All Works 2.5% plus only & nil on minus side

c) Steel Reinforcement and structural 2% plus / minussteel sections for each diameter,section and category

d) All other materials Nil

RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

Sl.No.

Description ofItem

Rates in figures and words at which recovery shall be madefrom the Contractor

Excess beyond permissiblevariation

Less use beyond thepermissible variation

1 Cement NA NA2 Steel

reinforcementNA NA

3 Structural Sections NA NA4 Bitumen issued

freeNA NA

5 Bitumen issued atstipulated fixed

price

NA NA

Clause 46Clause 46.10

Details of temporary accommodationincluding number of rooms and theirsizes as well as furniture to be madeavailable by the Contractor

Contractor shall provide, erect and maintainas directed, suitable temporary officeaccommodation for Engineer & his staff atthe site of work free of cost.

Whether Clause 46.11.1A applicable NO

Whether Clause 46.13A applicable NO

Clause 46.17City of Jurisdiction of Court Nagpur, Maharashtra

Clause 47.2.1Sum for which Third Party ` 5.00 Lakh per occurrenceInsurance to be obtained. with the number of occurrences limited to

four.Clause 55Whether clause 55 shall NObe applicable.

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If yes, time allowed for completionof sample floor/unit. Not Applicable

Annexure-(i)

FIELD LABORATORY AND FIELD TESTING

Minimum Equipments for Field Testing Laboratory

1. Balance: Pan Balance - 10 kg capacity, accuracy10gm.2. Oven -Electricity operated, thermostatically controlled up to 110°C - Sensitivity1°C.3. Sieves: as per IS 460-1962

(i) I.S.Sieves - 450mm internal dia of sizes 100 mm,80 mm,63 mm,50 mm,40 mm,25mm,20 mm,12.5 mm,10 mm,6.3 mm ,4.75 mm complete with lid and pan.

(ii) I.S.Sieves-200 mm internal dia (brass frame) consisting of 2.36 mm, 1.18 mm, 600microns,425 microns,300 microns,212 microns,150 microns, 90 microns, 75 micronswith lid and pan.

4. Sieve shaker capable of shaking 200mm and 300mm dia sieves, manually operated withtiming switch assembly.

5. Equipment for slump test-Slump Cone, Steel Plate, tamping rod, steel scale, scoops all asper IS: 7320.

6. Compression testing machine, manually operated.7. Graduated measuring cylinders 200ml capacity – 3 Nos.

8. Cube moulds for concrete150mmx150mmx150 mm with Base-24Nos.

9. Unit weight measure IS: 1199 - 1No.

10. Any other Equipment as per site requirements

FIELD TESTING INSTRUMENTS1. Steel tapes-3m2. Vernier Calipers3. A good quality plumb bob4. Wire gauge (circular type) disc5. Foot rule6. Long nylon thread7. Screw driver 30cms long8. Plastic bags for taking samples

______________________________

73

Section – 5

TECHNICAL SPECIFICATIONS

74

SECTION 5

TECHNICAL SPECIFICATIONS

1. Materials

All materials to be used in structures shall be in conformity with the BOQ/specificationslaid in contract conditions. The samples required for conformity of BOQ/Specificationsshall be supplied well in advance for inspection /testing.

1.1 Cement:

Cement used in construction of Box culvert work shall generally be Ordinary PortlandCement 53 grade confirming to IS: 12269/1976. However OPC 43 grade & PPC grade53/43 shall be allowed to be used with the prior approval of Engineer in charge if OPC 53grade cement is not available. Cement procured shall be fresh of reputed make (not morethan 2 months old) confirming to relevant IS code. A test certificate as regards the qualityof cement shall be produced by the contractors from its manufacturers and reputed testingcompany.

1.2 Aggregates:

1.2.1 Coarse Aggregates:

All coarse aggregates shall consists of clean, hard, strong, dense, non-porous and durablepieces of crushed stone, crushed gravel, natural gravel or a suitable combination thereof orother approved inert material and conform to IS 383. The tests for conformity shall becarried out as per IS 2386, Part I to VIII. The maximum value for flakiness index forcoarse aggregate shall not exceed 35 percent. The coarse aggregate shall satisfy gradinggiven in Table 1000-1 of specifications for Road and Bridge works (IRC)

1.2.2 Fine Aggregates

Fine aggregates shall consists of clean, hard, strong and durable pieces of crushed stone,crushed gravel, or a suitable combination of natural sand, crushed stone or gravel. All fineaggregates shall conform to IS 383 and tests for conformity shall be carried out as perIS:2386 (parts I to VIII).The FM of fine aggregate shall neither less than 2.0 nor greaterthan 3.5. The sand/fine aggregate for structural concrete shall conform to the Table 1000-2of specifications for Road and Bridge works (IRC).

1.3 Steel:

Only Thermo Mechanically Treated (TMT) bars of specified brand in respective itemconforming to IS: 1786 shall be used as reinforcing steel except for bars of diameter lessthan 10 mm. All steel bars shall be procured from original producers. Reinforcement shallbe free from rust, mortar, loose mill scale, grease, oil or paints. The materials shall be testedin accordance with relevant IS specifications and necessary test certificates shall befurnished.

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1.3.1 Protection of reinforcement

Uncoated reinforcing steel shall be protected from rusting or chloride contaminations.Reinforcement shall be free from rust, mortar, loose mill scale, grease, oil or paints. Thismay be ensured by thoroughly cleaning all reinforcements to remove rust using sandblasting, mechanical brushing etc. Reinforcements shall be stored on blocks, or platformsand above the ground in a clean and dry condition and suitably marked to facilitateinspection and identification.

1.3.2 Bending of reinforcement:

Bar bending shall be cold bent to the specified shape and dimensions to obtain the correctradii of bends and shape. No heating of bars is permitted under any circumstances forstraightening or bending. Bar bending schedule shall be prepared and got approved beforestart of work.

13.3 Placing of Reinforcement

The reinforcement bars shall be placed accurately in position as shown in the drawings. Thebars, crossing on another shall be tied together at every intersection with annealed bindingwire, conforming to IS; 280 to make the Skelton of reinforcement rigid such thatreinforcement does not get displaced during placing of concrete. The diameter of bindingwire shall not be less than 1mm. Necessary stays, blocks, metal chairs, spacers, metalhangers, supporting wires etc. shall be provided to fix the reinforcement firmly in theposition. Use of pebbles, broken stone, metal pipe or wooden blocks etc. for positioning ofreinforcement shall not be permitted. Placing and fixing of reinforcement shall be inspectedand approved by the engineer before concrete is deposited.

1.4 Concrete:

The grade of concrete shall be specified in approved drawings. All concrete shall be as perdesign mix only and shall be manufactured by weigh batching only. The source ofaggregate, adequate to provide required quantities should be located and advised toEngineer-in-Charge. Aggregate from this source only shall be used for design of mix.

1.4.1 Mix design:

The concrete mix shall be designed by any one of the approved methods given in IS:10262 and IS: 456-2000. The mix design shall be approved by Engineer-in-charge beforestarting the work. The mixed proportions shall be designed to required workability of thefresh concrete suitable for conditions of placement so that after compaction, it envelopsall reinforcement and completely fills the formwork. Concrete shall have requiredstrength, durability and surface finish. Test results of trial cubes as per design mix shall bemade and got tested in an established laboratory. The results of this test should beproduced at the time of submission of mix design.

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Maximum slump of concrete and maximum water cement ratio shall be as per design mix.Use of any admixture such as super-plasticizers for concrete shall be made with approvalof the engineer.

1.4.2 Placing, Compacting and curing:

Placing: The concrete shall be placed and compacted before setting takes place and shallnot be subsequently disturbed. Method of placing should be such so as to avoiddisplacement of reinforcement or movement of formwork. Except where otherwise agreedto by the Engineer, concrete shall be deposited in horizontal layers to a compacted depthof not more than 450 mm when internal vibrators are used and not exceeding 300mm inall other cases.

Compacting: 40/60 mm needle vibrator shall be used for compaction. Over/undervibration shall be avoided. Formwork shall be designed for vibration. Additional vibratorsin serviceable condition shall be kept at site so that it can be used in the event of breakdown. .

Curing: Exposed surfaces of concrete shall be kept continuously in a damp or wetcondition by covering with a layer of sacking, canvas, Hessian or similar materials andkept constantly wet for at least 7 days from the date of placing of concrete.

1.4.3 Supervision:

Constant and strict supervision of all items of the RCC concrete will be done includingproportioning and mixing of the concrete and checking of the reinforcement.

1.4.4 Sampling, testing and acceptance of concrete

Sampling: Samples from fresh concrete shall be taken from a batch of concrete at point ofdelivery into constructions as per IS: 1199. A random sampling procedure to ensure thateach of the concrete batches forming the lot under acceptance inspection has equalchances of being chosen for taking cubes shall be adopted. The test specimens shall bemade from each sample for testing at 28 days. Additional cubes may be required todetermine the strength at 3 days and 7 days. The minimum frequency of sampling ofconcrete of each grade shall be in accordance to IS 456 2000Testing : 150mm size cubes shall be made cured and tested at the age of 28 days forcompressive strength in accordance with IS 516.The test strength of the sample shall beaverage of the strength of 03 cubes. The individual variation should not be more than ± 15percent of the average.Acceptance criteria: The standard of acceptance criteria for concrete shall be as per IS456-2000.

1.5 Ballast:

Ballast supply shall conform to RDSO specifications of Track ballast, June 2004, with upto date modifications thereto. The ballast shall be supplied from approved source and all

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tests on ballast shall be conducted through a government or any other approved testlaboratory. Certificates of all such tests must be submitted by the contractor before start ofsupply and got approved. Before and during ballast supply, all provisions of RDSOspecifications of Track ballast, June 2004, with up to date modifications thereto, must becomplied with.

2. Civil Engineering Works:

In the Preamble to the Technical Specifications, it can be indicated that for items whereno specific reference has been made to any Specifications, the following should beadopted in the order of precedence starting from top and in all cases the latest edition withup to date correction slip should be followed.

i) RDSO/Zonal Railways Specifications

ii) MORTH (Ministry of Surface Transport) Specifications

iii) Applicable state SOR Specifications

iv) Indian Standard Specifications issued by Bureau of IndianStandards

In case of doubt, the Engineer in Charge’s Directives may be sought.

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Section - 6

DRAWINGS

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LIST OF DRAWING ENCLOSED

S.E.C.Railway’s approved “General Arrangement Drawing” No:

CE’s DRG. No. BR/ NGP/ JLY-CWA/ 161-A/ CX/ 2165/ 2012

DRM (ENGG) DRG. No. 770/ NGP/ 2012 for Proposed Canal Crossing (Br. No. 161-A)

[ 1 X 6.00 X 2.65 M RCC BOX (SYPHON) at Km 1241/ 0-1 between JLY – CWA stations

at Nainpur – Chhindwara section (N.G).

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