government of india: ministry of railways research … corrigendum... · directorate, rdso, manak...

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GOVERNMENT OF INDIA: MINISTRY OF RAILWAYS RESEARCH DESIGNS & STANDARDS ORGANISATION MANAK

NAGAR, LUCKNOW-226 011

Tender Notice

1.0 Sealed tenders on two packet system are invited, by EXECUTIVE DIRECTOR/TMM, RDSO, Manak Nagar, Lucknow-22601 1, India, for and on behalf of President of India, for execution of following work:

Tender No. Name of Work Approx. Cost of Work

Cost of Tender

Document

Earnest Money

1 2 3 4 5 RDSO/TMM/ GPR/2019/01

“Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways”

Rs. 282626967.0 Rs. 10,000 Rs. 1563100/-

Last date and Time of Submission of tender (both packets)

Date of Opening of Tender (Packet-I only)

Pre Bid Conference

6 7

8

18 November 2019 14:30 hours

18 November 2019 at 15:00 hours On 26.07.2019

2.0 Non-transferable tender documents, containing “Instructions to Tenderer”, “Special Tender / Contract Conditions”, “Indian Railways General Conditions of Contract for Services, “Functional Specifications and Technical Requirements of Work” & “Forms for Tender” for detailed description, terms & conditions and scope of work would be available from the office of “Executive Director/Track Machines and Monitoring Directorate, RDSO, Manak Nagar, Lucknow-226011, India’ between 10:00 hrs and 16:00 hrs on any working day from date of publishing of this tender notice onwards till one day before tender opening date, mentioned in Column 7 of Para 1.0 above, on production of Demand Draft (DD) payable to “Executive Director / Finance, RDSO, Lucknow, India” towards the cost of tender documents as mentioned in Column 4 of Para 1.0 above, with a request letter. No other mode of payment will be accepted for this purpose.

3.0 In case, tender documents are required by post, the request letter along with required Demand Draft as cost of tender documents and one more Demand Draft of Rs.500/- extra towards postal charges must reach this office at least 15 days before the opening date of tender, mentioned in Column 7 of Para 1.0 above, so that desired tender documents may be dispatched well in time. However, in case the tender documents do not reach the prospective tenderer in time, this office will not be responsible in any way.

4.0 These tender documents are also available at RDSO website www.rdso.indianrailways.gov.in under head Tenders ĺ Others Directorate Tenders ĺ Work Global Tender. Tenderers can download and use these documents for the purpose of submitting the bids. However, it will be the responsibility of tenderer to ensure use of complete tender documents available on website. These documents will be considered equally legally valid for participation in the tender process as the documents obtained manually from RDSO, subject to submission of prescribed declaration form and other details properly filled. The cost of downloaded bid documents as indicated in Column 4 of Para 1.0 above must be submitted with tender documents in the form of a demand draft payable to “Executive Director / Finance, RDSO, Lucknow, India”.

5.0 Bids from tenderers who have not purchased tender documents from the office of ‘Executive Director/Track Machines and Monitoring Directorate, RDSO, Manak Nagar, Lucknow-22601 1, India’ or from those who have downloaded the tender documents from RDSO website but not paid the requisite cost of tender documents or incomplete or submitted late / delayed, will be summarily rejected.

http://www.rdso.indianrailways.gov.in/

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6.0 Scope of Work: Scope of work is “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways”. For details of Scope of work and activities to be performed refer Tender Schedule (Along with the Special Tender Conditions), Functional Specifications and Technical Requirements of the work (Part-IV of tender Document).

7.0 Minimum Eligibility Criteria:Tenderer(s) shall meet the criteria as under to participate in the tender:

7.1 Experience:

Work Experience: The bidder should have satisfactorily completed “in the last three previous financial years and the current financial year upto the date of opening of the tender, track bed survey of 5000 kms for addressing the issues of Ballast fouling and formation related issues, the speed of track bed survey must be above 80 kmph.”

This could have been done in one single contract or several contracts over the specified period.

Satisfactory completion shall mean that the reports of the Track Bed GPR Survey are submitted to the client and are accepted by the client.

*Completed service contract includes on-going service contract subject to payment of bills amounting to bid.

Notes: The bidder shall submit details of work executed by them in the prescribed format along with bid for the service contract to be considered for qualification of work experience criteria clearly indicating the nature/scope of contract, actual completion cost and actual date of completion for such contract.

7.2 Financial standing:

The Bidders will be qualified only if they have minimum financial capabilities as below: -

(i) T1-Annual Turnover: The bidder should have a cumulative annual financial turnover not less than 1.5 times the advertised bid value during the last three previous financial years and in the current financial year upto the date of opening of the tender. The audited balance sheet reflecting financial turnover certified by chartered accountant with stamp, signature and membership number shall be considered.

(ii)T2-Liquidity: The bidder should have access to or has available liquid, lines of credit and other financial

means to meet cash flow that is valued at 5% of the estimated bid value net of applicant’s commitments for other contracts. The audited balance sheet and/or banking reference certified by chartered accountant with her stamp, signature and membership number shall be submitted by the bidder along with bid.

Banking reference should contain in clear terms the amount that bank will be in a position to lend for this work to the applicants/member of the Joint Venture. In case the Net Current Assets (as seen from the balance sheets) are negative, only the banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted banking references will be considered for working out the Liquidity.

The banking reference should be from a Scheduled bank in India or any reputed foreign banks operative in India with due permission of Reserve Bank of India may be accepted and it should not be more than 3 months old as on date of submission of bids.

In case of JV firms overall liquidity of JV firm shall be assessed by arithmetic sum of liquidity of all members of JV.

7.3 Other Criteria: Based on the nature of services required, type of contract and other such considerations, the competent authority may include any other criteria as it deems fit in the minimum eligibility criteria for the qualification of bidders. A sample of technical eligibility criteria has been attached as “Bid evaluation-Technical Criteria” for illustrative purposes. (Annexure-K)

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7.4 ISO Certification: The tenderer must be ISO 9001:2015 certified.

8.0 For Bid evaluation, Quality & Cost based system (QCBS) method shall be used. The weightage of the technical requirements (i.e. quality) & financial (i.e. cost) components of the project shall be in the ratio of 60:40. Further details regarding bid evaluation system are given in Para 18.0 of “Instructions to Tenderer” (Part-I of the tender documents).

9.0 Earnest Money: The tenderer is required to deposit Earnest money with the tender for the amount given in Column 5 of Para 1.0 above. Mode of depositing of earnest money and other conditions are given in Para 10.0 of “Instructions to Tenderer” (Part-I of the tender documents).

10.0 Performance Guarantee (PG): The successful bidder shall be required to submit a performance Guarantee at a rate of 10% of the contractual value as mentioned in Para 11.0 of “Instructions to Tenderer” (Part-I of the tender documents).

11.0 Submission of Bids under ‘Two Packet System’: Tenderers are required to submit their bids as mentioned in Para 13.0 of “Instructions to Tenderer” (Part-I of the tender documents).

12.0 Validity period of the Bids: The tenderer shall keep the bids, ‘Technical’ & ‘Price’, valid for a period of 180 days from their respective dates of opening. The offer not meeting this criterion is liable to be ignored. In cases where the original validity has expired before opening of the financial bid, bidders are required to extend the validity of financial bid before opening of financial bid, failing which their financial bid will not be opened and returned to them unopened.

13.0 Last Date of Receipt and Opening of the Tenders

13.1 Tenders complete in all respects should be dropped in Track Machine and Monitoring Directorate’s tender box available at Centralized Tender Room of RPF Post (Thana) / RDSO, Manak Nagar, Lucknow – 226 011, India’ not later than 14:30 hours on the date specified in Column 6 of Para 1.0 above

13.2 Tenders sealed and super scribed as aforesaid can also be sent by registered post acknowledgement due addressed to “The President of India, Acting through Executive Director, Track Machine and Monitoring Directorate, RDSO, Manak Nagar, Lucknow - 226 011 (Uttar Pradesh), India. But, a tender which is received after the time and date specified for submission, may not be considered. Any tender delivered or sent otherwise will be at the risk of the tenderer.

13.3 Offers from Bidders not accompanied with cost of tender document and Earnest Money shall be summarily rejected. Incomplete offers are also liable to be summarily rejected.

13.4 The bids received shall be opened (only technical bids), in the presence of such of the tenderers or their representatives who may like to be present, at 15.00 hours on the date specified in Column 7 of Para 1.0 above and where practicable, the names of tenderers and other information tendered by them will be read out (venue same as in 13.1).

13.5 Tenders which are received after the closure time and date specified above may not be considered. In case opening date/day falls on a gazetted holiday or subsequently declared as such a holiday, then the tenders will be opened on next working day at scheduled hour.

13.6 The date of opening of financial bid will be advised later on to the bidders whose technical bids are found technically suitable.

Executive Director

Track Machines and Monitoring Directorate

For and on behalf of President of India Research Designs and Standards Organisation

Ministry of Railways, Manak Nagar Lucknow-226011, UP, India

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GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

Tender for “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation

on Indian Railways”

Tender Documents

In Two Packet System

Part – I, II, III, IV & V

Tender No. RDSO/TMM/GPR/2019/01

RESEARCH DESIGNS & STANDARDS ORGANISATION

MINISTRY OF RAILWAYS, MANAK NAGAR LUCKNOW - 226 011

INDIA

Cost of Tender Document: Rs. 10,000/-

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PREAMBLE

Tender documents for “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways”

Part I: Instructions to Tenderer

Part II: Special Tender / Contract Conditions

Part III: Indian Railways General Conditions of Contract for Services

Part IV: Functional Specifications and Technical Requirements

Part V: Forms for Tender with schedule and special conditions of the schedule.

Total pages of the tender document are as follows:

S.No. Description (Tender Document) Pages

1. Tender Notice 1 to 3

2. Covering Sheet of Tender + Preamble

4 to5

3. Part-I: Instructions to Tenderer

6 to 19

4. Part-II: Special Tender / Contract conditions

20 to 22

5. Part-III: Indian Railways General Conditions of Contract for Services

23

6. Part-IV: Functional Specifications and Technical Requirements 24 to 28

7. Part-V: Forms for Tender 29 to 62

Total Pages 62

Government of India, Ministry of Railways, Research Designs and Standards Organisation reserves the right to accept or summarily reject or cancel any or all bids without assigning any reason.

In case of any contradiction in various conditions laid down in the various paras / sub-paras of any Part of the tender document, most stringent requirement shall apply or as decided by ‘Executive Director, Track Machines and Monitoring, Research Designs and Standards Organisation, Ministry of Railway Manak Nagar, Lucknow-22601 1, India’, whose decision shall be final.

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PART-I

Instructions to Tenderer

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Instructions to Tenderer

1.0 General Instructions

1.1 For & on behalf of the President of India, the ‘ Executive Director, Track Machines and Monitoring Directorate, Research Designs and Standards Organisation, Ministry of Railway, Manak Nagar, Lucknow-226011, India’ (hereinafter referred to as Client), invites bids for the work of “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal(TBR) and formation rehabilitation on Indian Railways” for Indian Railways as set forth in “Functional Specifications and Technical Requirements of Work” (Part-IV of the tender documents).

1.2 The contracts made under this tender will be governed by

i) Indian Railways General Conditions of Contract for Services

ii) Instructions to Tenderers

iii) Special Tender / Contract Conditions

iv) Functional Specifications and Technical Requirements of Work

v) Specifications of the Work

In case of conflict, the order of priority for document determining the conditions will be Functional Specifications and Technical Requirements of Work, Special Tender / Contract Conditions, Special conditions for the schedule, Instructions to Tenderers and Indian Railways General Conditions of Contract for Services. In any case decision of Executive Director, Track Machines and Monitoring Directorate shall be final.

1.3 All the bids in the prescribed format included with tender documents should be submitted before the time and date fixed for the receipt of bids as set forth in tender notice. Bids received after stipulated time and date are liable to be rejected.

1.4 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder/tenderer,” “bid/tendered,” “bidding/tendering,” etc.) are synonymous, and day means calendar day. Singular also means plural.

1.5 “Similar Service Contract” for the purpose of this tender shall mean, “GPR Survey for railway track for addressing issues of fouling of ballast and formation related problems for railway Tracks”.

2.0 Modification of tender conditions

Client reserves the right to unconditionally revise the tender specifications, scope of work or other conditions in the tender document, without assigning any reason(s) to the buyers of the tender documents. In such a case, however, sufficient time and opportunity shall be given to tenderers to submit their bids in the light of such changes, before closing the tenders. However, decision of the Client in this regard shall be final.

3.0 Guidelines for participation of Joint Venture (JV) Firms.

3.1 Separate identity / name shall be given to the Joint Venture firm.

3.2 Number of members in a JV firm shall not be more than three.

3.3 A member of JV firm shall not be permitted to participate either in individual capacity or as a member of another JV firm in the same tender.

3.4 The tender form shall be purchased and submitted only in the name of the JV firm and not in the name of any constituent member.

3.5 Normally Earnest Money Deposit (EMD) shall be submitted only in the name of the JV and not in the name of constituent member. However, in exceptional cases EMD in the name of lead member can be accepted subject to submission of specific request letter from lead member stating the reasons for not submitting the EMD in the name of JV and giving written confirmation from the JV partners to the effect that the EMD submitted by the lead member may be deemed as EMD submitted by JV firm.

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3.6 One of the members of the JV firm shall be the lead member of the JV firm who shall have a majority (at least 51%) share of interest in the JV firm. The other members shall have a share of not less than 20% each in case of JV firms with up to three members and not less than 10% each in case of JV firms with more than three members. In case of JV firms with foreign member(s), the lead member has to be an Indian firm with a minimum share of 51%.

3.7 A Copy of Memorandum of Understanding (MOU) executed by the JV members shall be submitted by the JV firm along with the tender. The complete details of the members of the JV firm, their share and responsibility in the JV firm etc. particularly with reference to financial, technical and other obligations shall be furnished in the MOU. The MOU format for this purpose is enclosed along with the tender as Annexure E.

3.8 Once the tender is submitted, the MOU shall not be modified/altered/ terminated during the validity of the tender. In case the tenderer fails to observe/comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited. In case of successful tenderer, the validity of this MOU shall be extended till the currency of the contract expires.

3.9 Approval for change of constitution of JV firm shall be at the sole discretion of the Employer (Indian Railways). The constitution of the JV firm shall not be allowed to be modified after submission of the tender bid by the JV firm except when modification becomes inevitable due to succession laws etc. and in any case the Lead Member should continue to be the Lead Member of the JV firm. Failure to observe this requirement would render the offer invalid. Proforma for Power of Attorney for Lead Member shall be as per Annexure H.

3.10 Similarly, after the contract is awarded, the constitution of JV firm shall not be allowed to be altered during the currency of contract except when modification become inevitable due to succession laws etc. and in any case the minimum eligibility criteria should not get vitiated. Failure to observe this stipulation shall be deemed to be breach of contract with all consequential penal action as per contract conditions.

3.11 On award of contract to a JV firm, a single Performance Guarantee shall be required to be submitted by the JV firm as per tender conditions. Performance Guarantee shall be accepted only in the name of the JV firm and no splitting of guarantees amongst the members of the JV firm shall be permitted.

3.12 On issue of LOA (Letter of Acceptance), an agreement among the members of the JV firm (to whom the work has been awarded) has to be executed and got registered before the Registrar of the Companies under Companies Act or before the Registrar / Sub-Registrar under the Registration Act, 1908. This agreement shall be submitted by the JV firm to the Railways before signing the contract agreement for the work. (This agreement format should invariably be part of the tender condition. This agreement should invariably be made on the basis of agreed terms and conditions as made in the MOU). In case the tenderer fails to observe / comply with this stipulation, the full Earnest Money Deposit (EMD) shall be forfeited and other penal actions due shall be taken against partners of the JV and the JV. This joint venture agreement shall have, inter-alia, the following clauses:

3.12.1 Joint and several liabilities – The members of the JV firm to which the contract is awarded shall be jointly and severally liable to the Employer (Indian Railways) for execution of the project in accordance with General and Special conditions of the contract. The JV members shall also be liable jointly and severally for the loss, damages caused to the Railways during the course of execution of the contract or due to non-execution of the contract or part thereof.

3.12.2 Duration of the Joint Venture Agreement - It shall be valid during the entire currency of the contract including the period of extension and the warranty period, if any after the work is completed.

3.12.3 Governing Laws - The Joint Venture Agreement shall in all respect be governed by and interpreted in accordance with Indian Laws.

3.13 Authorized Member – Joint Venture members shall authorize one of the members on behalf of the Joint Venture firm to deal with the tender, sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books and similar such action in respect of the said tender / contract. Proforma for Power of Attorney for signing of Application shall be as per Annexure H. All notices / correspondences with respect to the contract would be sent only to this authorized member of the JV firm.

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3.14 No member of the Joint Venture firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other members and that of the employer (Indian Railways) in respect of the said tender / contract.

3.15 Documents to be enclosed by the JV firm along with the tender :

3.15.1 In case one or more of the members of the JV firm is/are partnership firm(s), the following documents shall be submitted:

(a) Notary certified copy of the Partnership Deed. (b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper of

appropriate value (in original). (c) Power of Attorney (duly registered as per prevailing law) in favour of one of the partners to sign the

MOU and JV Agreement on behalf of the partners and create liability against the firm.

3.15.2 In case one or more members is/are Proprietary Firm or HUF, the following documents shall be enclosed: Affidavit on Stamp Paper of appropriate value declaring that his concern is a Proprietary Concern and he is sole proprietor of the Concern OR he is in position of “KARTA” of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF.

3.15.3 In case one or more members is/are limited companies, the following documents shall be submitted:

a) Notary certified copy of the resolution of the Directors of the Company, permitting the company to enter in to a JV agreement, authorizing MD or one of the Directors or Managers of the Company to sign MOU, JV agreement, such other documents required to be signed on behalf of the Company and enter into liability against the company and/or do any other act on behalf of the company.

b) Copy of Memorandum and articles of Association of the Company. c) Power of Attorney (duly registered as per prevailing law) by the company authorizing the person to

do/act mentioned in the para (a) above.

3.15.4 All the members of the JV shall certify that they have not been black listed or debarred by Indian Railways or any other Ministry/Department of the Govt. of India/State Govt. or any of the International Railway Organizations, from participation in tenders/contract on the date of opening of bids either in their individual capacity or the JV firm or partnership firm in which they were /are members/partners. An undertaking for the same shall be submitted by the tenderer as per Annexure I.

4.0 Applicability of Indian Railways General Conditions of Contract for Services

4.1 All relevant paras of Indian Railways General Conditions of Contract for Services (Part-III of the tender document) shall be applicable for this contract.

4.2 Indian Railways General Conditions of Contract for Services document and its latest correction slips, if any, issued from time to time by Railway Board shall also be applicable for this contract and may be referred from Indian Railways website www.indianrailways.gov.in under Ministry of Railways ĺ Railway Board ĺ About Indian Railways ĺ Railway Board Directorates ĺ Transformation Cell ĺ Circulars.

4.3 However, ‘Railway’, ‘General Manager’ and ‘Chief Manager, Divisional Railway Manager, Manager’ mentioned in Indian Railways General Conditions of Contract for Services will mean ‘RDSO’, ‘Director General’, ‘Executive Director/Track Machines and Monitoring’, Executive Director/Track Machines and Monitoring and Joint Director-2/ Track Machines and Monitoring respectively.

6.0 Conditions of Contract and Specifications

Wherever, there is any conflict / contradiction between Instructions to tenderer (Part-I), Special tender /contract conditions (Part-II) and Indian Railways General Conditions of Contract for Services (Part-III), priority for stipulations shall be given firstly to Part-II, then Part-I and thereafter Part-III. (The tenderer is required to clarify any such conflict /contradiction before submitting of his bid and no claims shall be entertained in this regard after submission of the bid and in case of any conflict decision of Executive Director/Track Machines/ RDSO shall be final. )

http://www.indianrailways.gov.in/

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7.0 Employment / Partnership etc. of Retired Railway Employees 7.1

(a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer working before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Engineering or any other department of any of the railways owned and administered by the President of India for the time being, or

(b) Should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or

(c) should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or

(d) should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, then

the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract, or

if the Service Provider be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment under the Service Provider, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender.

Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected.

7.2 Should a tenderer or Service Provider being an individual on the list of approved Service Providers, have a relative(s) or in the case of partnership firm or company of Service Providers one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the Engineering or any other department of Indian Railway, the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with provision in Clause 7.4 of General Conditions of Contract for Services.

8.0 Ensuring Legal applicability of Laws / Rules

All tenderers will be responsible for the legality of their offer and ensuring the implementation of various acts / laws as prevalent in their country as well as in India. Any tax / duty / levy, if not specifically mentioned in bid and contract, would be borne by the successful tenderer.

9.0 Compliance with Tender Conditions

9.1 The Tenderer shall indicate his compliance or otherwise give their remarks with justification against each para and sub-para of the ‘Instructions to tenderer’, Special tender / contract conditions’, ’Special conditions for the Schedule”, ‘Indian Railways General Conditions of Contract for Services’ and ‘Functional Specifications and Technical Requirements of work’ attached as Part-I, Part-II, Part-III and Part-IV of the tender documents.

9.2 The tenderer shall, for this purpose, enclose a separate statement of deviations as per format given in Form – 1:

Annexure B (Part V) of tender documents, which should invariably be filled in and submitted along with the bid. Whenever the tenderer deviates from the provisions of a para/ sub-para, he shall furnish his detailed justification for the same.

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9.3 The Client, however, reserves the right to accept or reject these deviations and his decision thereon shall be final.

10.0 Earnest Money

10.1 The bidder is required to deposit Earnest Money with the tender for the due performance with the stipulation to keep the offer open for a period of 180 days from the date of opening of tender as mentioned in the tender notice, failing which the bid will not be considered. However, registered MSEs in terms of Ministry of MSMEs notification No. 503 are exempted from Earnest Money Deposit.

10.2 It shall be understood that the tender document have been sold / issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender subject to the period being extended further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to RDSO. Should the tenderer fail to observe or comply with the foregoing stipulation, the aforesaid amount shall be liable to be forfeited by RDSO.

10.3 If the bid is accepted, the amount of Earnest Money will be returned to the successful bidder after the submission and verification of the Performance Guarantees as per Para 11.0, for the due and faithful fulfillment of the contract. This amount of EMD shall be forfeited, if the Bidder / Service Provider fails to execute the Contract Document within 7 days after receipt of notice issued by Railway that such documents are ready or to commence the work within 15 days (unless otherwise specified) after receipt of the order of the effect.

10.4 Earnest Money of the unsuccessful Bidder will, save as here-in-before provided, be returned to the unsuccessful Bidder within 15 days after finalization of the bid / negotiation, but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the bid documents or to the Earnest Money while in their possession nor be liable to pay interest thereon.

10.5 Tenderers are required to furnish Earnest Money in the form mentioned below:

The tenderers may deposit the financial instrument towards the cost of Tender Documents and the EMD amount through an Indian Bank or directly by using bank transfer through SWIFT. The account details for direct bank transfer are as furnished below:

Name of Bank: SBI, Govt Business Branch, Lucknow Account Number: 31168914559 IFSC Code: SBIN0007806

Branch Code: 7806. SWIFT Code: SBINNBB157 In case the deposit is made through bank transfer for EMD, the return of EMD will be made by Indian Railways through the same mode for which Tenderers must furnish their Bank Account details.

10.6 No interest will be payable by the Client on the earnest money.

11.0 Performance Guarantee (PG)

The successful bidder shall have to submit a Performance Guarantee (PG) valuing 10% of the contract value in four separate parts of 2.5 % each of the contract value, within 30 days from the date of issue of Letter of Acceptance (LOA) as mentioned in Para 4.11 of Indian Railway General Conditions of Contract for Services, 2018 (Part-III of the tender document).

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12.0 Pre-Bid Conference

12.1 A pre-bid conference shall be held between the prospective bidders and the representatives of RDSO for discussing any issue(s), which might need clarifications, at 11.00 hrs on date mentioned in column 8 of para 1.0 of tender notice in the Office of “ Executive Director Track Machines, RDSO, Manak Nagar, Lucknow-226011, India”.

12.2 The bidders, in their own interest, should a ttend the said conference without waiting for any communication from RDSO.

12.3 Bidders are requested to send their queries to “Executive Director Track Machines, RDSO, Manak Nagar, Lucknow-226011, India”. By post or by email at [email protected] or [email protected] so as to reach at least 10 working days before the date of Pre -bid conference.

12.4 RDSO accepts no liability for non delivery of the queries to the concernded officer mentioned above. Questions received less than 10 days from the date Pre-Bid conference are liable to be excluded from the discussions during the pre-bid conference. However, decision in this regard taken by Executive Director Track Machines, RDSO shall be final.

12.5 All the bidders who are willing to attend the Pre -Bid, conference(Whether they have any queries or not ) must intimate on above mentioned email addresses.

12.6 Executive Director Track Machines, RDSO may, at his discretion change the date and venue of the Pre-bid conference. In such an event, the purchasers of the Bid Document shall be duly notified by registered post or Fax or email. All those who have informed RDSO as per 12.5 shall also be informed about change in date and time of Pre-bid conference.

13.0 Submission of Bids

13.1 All information in the bid and all related correspondence & documents in relation to the bidding process must be in English. Supporting documents and printed literature furnished by the Bidder with the Bid may be in any other language provided that they are accompanied by translations of all the pertinent passages in the English language, duly authenticated and certified by the Bidder, failure to comply with this may render the bid liable to be rejected. Supporting materials, which are not translated into English, will not be considered and no claims in this regard shall be entertained. For the purpose of interpretation and evaluation of the Bid, the English language translation shall prevail.

13.2 Tenderers are advised to submit printed copy of duly filled tender documents and related papers in A4 size only.

13.3 All pages of tender documents (Technical Bid & Price Bid) shall be signed by the authorized person.

13.4 All the alterations, omissions, additions or any other amendments made to the Bid shall be initialed by the person(s) signing the Bid. The Bid shall contain page numbers and shall be bound together in hard cover / spiral bound. An index must be provided at the beginning of the the bid document in which the following details must be present.

1 2 3 4

S.no. Details of Document Attached by the bidder.

Clause no. of the Bid in compliance of which the document mentioned in column 2 is submitted.

Page no of the document in the bid.

Any information if not presented and submitted in the above required format might get overlooked during evaluation of the bid and in such a case no claims in this regard shall be entertained.

13.5 Individual signing the tender and other documents connected with this tender must specify whether he is signing as a) A sole proprietor of the firm or constituted attorney of the sole proprietor.

mailto:[email protected]

mailto:[email protected]

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b) A partner of the firm having authority to quote and refer to arbitration disputes, in case of partnership firm either by virtue of partnership agreement or a power of attorney.

c) Constituted Attorney in case of Company.

13.6 In case of (b) above a copy of partnership agreement and power of attorney attested by Notary Public should be furnished or Affidavit on stamped paper of all the partners admitting execution of the partnership agreement of the general power of attorney should be furnished.

13.7 In case of partnership firms, where authority to refer disputes has not been conferred on any of the partner, the tender and the related documents should be signed by all the partners of the firm.

13.8 A person signing the tender form or connected documents forming part of the contract shall be deemed to have the authority as indicated earlier. If on enquiry, it is found that the person so signing had no authority to do so, the Client, without prejudice to other Civil and Criminal remedies, cancel the contract and hold the signatory liable for all costs and damages.

13.9 All prices and other information like discounts, etc., having a bearing on the price shall be written both in figures and words in the prescribed bid form.

13.10 Bids should be addressed to the President of India through the Executive Director, Track Machines and Monitoring, RDSO, Research Designs and Standards Organisation, Ministry of Railways, Manak Nagar, Lucknow-226011, India. Technical Bid documents shall be verified as per Check list of Technical Bid (Annexure L) of Form - 1. The commercial offer should be as per Form - 6. All the technical details along with cost of tender document and proof of submission of Earnest Money, except the price and commercial terms should be submitted in technical bid.

13.11 Bidders are required to submit their bids in two separate packets, first packet being ‘Technical Bid’ and second packet being ‘Price Bid’.

13.12 Two separate envelopes – ‘Technical Bid’, in one envelope and ‘Price Bid’, in other should be sealed and marked as under:

‘Technical Bid’ from M/s ------------- against Tender No ………. To be opened on……..

‘Financial Bid’ from M/s -------------- against Tender No …….. To be opened later.

13.13 Both the above said envelopes should be placed inside a larger envelope and sealed further. Tender no., due date of opening and tenderer’s name should be clearly mentioned on the cover and superscripted as follows:

Tender No: RDSO/TMM/GPR/2019/01

Tender Name: Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways. To, The President of India,

Acting through Executive Director, Track Machines and Monitoring, Research Designs and Standards Organisation (Ministry of Railways), Manak Nagar, Lucknow- 226 011 (Uttar Pradesh) India

This envelope consists of two separate envelopes Technical Bid (Packet-I) Financial Bid (Packet-II)

From: Tenderer’s Full Address with Phone No. & Fax No.

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Due Date of Opening: 18 November 2019 at 15:00 hour, (Fresh Document(s) submitted subsequent to the tender opening date will not be entertained.)

13.14 The proof of successful deposition of Earnest Money in “original” shall be submitted along with Technical bid.

13.15 Apart from the bid to be submitted as detailed above, no copy of the bid should be sent to other offices either at Lucknow or elsewhere.

13.16 All tender documents attached with invitation to tender duly completed and signed are to be submitted with the bids, failing which the tender is likely to be treated as incomplete and ignored.

13.17 Each page of the bid must be numbered consecutively, should bear the tender number and should be signed by the tenderer at the bottom. A reference to the total number of pages comprising the bid must be made at the top right-hand corner of the first page.

13.18 As a result of the pre-bid conference, modifications to tender documents, if any, shall be published in RDSO website www.rdso.indianrailways.gov.in . Tenderer must take a note of this before submitting their bids.

13.19 “TECHNICAL BID” (Packet -I)

13.19.1 ‘Technical Bid’ (Packet-I) shall contain the documents as listed below. Tenderers are requested to ensure that all such documents as listed are submitted duly filled, in all respects, failing which his / their offer is likely to be summarily rejected:-

a) Tender Form Covering Letter, given as Form - 1 in Part-V of the tender document, duly filled in.

b) Earnest Money as mentioned in Para 10.0 of Part- I of the tender document.

c) Form - 3 of Part-V of the tender documents duly containing details of tenderer and his collaborator(s), as applicable, and details of work to be done by tenderer and his collaborator(s).

d) Submission of information on each Qualifying and Eligibility Criteria as mentioned in Para 1.0 of the tender document (Part II: Special Tender / Contract conditions) including documentary proof thereof.

e) Firms must fill in the enclosed details of the previous works/services as per Form –1 :Annexure-C

f) Form – 1: Annexure A & Annexure B of Part-V of the tender documents dully filled in, regarding compliance of conditions of ‘Instructions to tenderer, Special tender / Contract conditions’ and ‘Indian Railway General Conditions of Contract for Services’ and ‘Functional Specifications and Technical Requirements of Work’ of the tender documents.

g) Form – 2 of Part-V of the tender document duly filled in, regarding Certificate of undertaking for downloading the bid documents, as applicable.

h) Particulars of Bank Account for electronic fund transfer as per Form – 4 of Part-V of the tender documents.

i) All tender documents duly completed and signed as per Para 13.16 of Part - I of the tender documents including Form - 1: Annexure L (Part-V of the tender document).

j) Cost of bid documents, if downloaded from RDSO website as per para 4.0 of tender notice.

k) Technical Bid sheet as per Form – 5 of Part-V of the tender documents.

13.20 “PRICE BID” (Packet-II)

13.20.1 ‘Price Bid’ (Packet-II) shall contain the details as per Form - 6 of Part-V of tender documents, duly filled in, containing Rates for Work of ‘Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal(TBR) and formation rehabilitation on Indian Railways, failing which his/their offer is likely to be summarily rejected.

13.20.2 ‘Price Bid’ of only those tenderer (s) will be opened whose technical bids are found acceptable by


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Indian Railways.

13.20.3 The time, date and venue of opening of Price Bid shall be notified to successful tenderer/s after evaluation of Technical Bids.

13.21 General

13.21.1 The tenderer/s may note that RDSO reserve its right to either accept or reject any bid/s without Assigning any reason(s) whatsoever and tenderer/s shall have no claim/s on this account.

13.21.2 Tendering firms who do not submit their bids on the prescribed tender forms, their bids are liable to be ignored and no correspondence regarding the same shall be entertained.

13.21.3 Legal jurisdiction shall be the place of signing of contract. 13.21.4 In case, the Technical Bid of the tenderer is found unsuitable, his Price Bid would not be opened

and would be returned at the tenderer’s address by registered post. 13.21.5 It the bidder has placed the price bid in the Packet of Technical Bid, their offer shall be summarily

rejected.

14.0 Completion of Tender Documents

14.1 The rate should be quoted in figures as well as in words. In case of variation between the rates quotedin figures and in words, the lower of the two shall be taken as correct. If more than one or improper rates are tendered for the same items, the tender is liable to be rejected.

14.2 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s on his/their behalf that is /are legally authorized to sign for him /them.

14.3 Tenders containing erasures and alterations of the tender documents are liable to be rejected. Any corrections made by the tenderer/s in his / their entries should be in Ink and must be attested by him / them under full signature and date.

14.4 Additional conditions or stipulations, if any, must be made by the tenderer/s in covering letter with the tender. The RDSO reserves the right not to consider conditional tenders and reject the same without assigning any reason. Only those additional conditions, which are explicitly accepted by the RDSO, shall form part of the contract.

14.5 Additional pages can be attached, if considered essential. A total number of enclosures should be indicated in the body of the tender and all the enclosures numbered serially.

14.6 In case, tenderer wants to furnish any other relevant information, the same can be furnished in a separate covering letter.

14.7 The tenderers must ensure that the conditions laid down for submission of bids detailed in various Paras of the tender documents, are completely and correctly fulfilled. Bids, which are not complete in all respects as stipulated above, may be ignored.

15.0 Last Date of Receipt of Bids

15.1 The bids complete in all respects should reach the office of ‘Executive Director, Track Machines and Monitoring Directorate, RDSO, Manak Nagar, Lucknow-226011, India or dropped in Track Machines and Monitoring Directorate’s tender box available at Centralized Tender Room of RPF Post (Thana) / RDSO, Manak Nagar, Lucknow – 226 011, India, not later than time & date specified in the ‘Tender Notice’.

15.2 The bids received shall be opened, in the presence of such of the tenderers or their representatives who may like to be present, at 15:00 hours on the date specified in the ‘Tender Notice’ and where practicable, the names of tenderers and other information tendered by them will be read out.

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16.0 Effect and Validity of Bid

16.1 The submission of any bid connected with these specifications and documents shall constitute an agreement that the tenderer shall have no cause of action or claim, against the Client for rejection of his bid. The Client shall always be at liberty to reject or accept any bid or bids at his sole discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against the Client.

16.2 The bid shall be kept valid for acceptance for a minimum period of 180 (One hundred and eighty) calendar days from the date set for opening of bids. In case the offer is silent about same, it will be presumed that bids are valid for 180 days for both Technical Bid as well as Price Bid from the respective date of opening.

16.3 Bids shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award of contract is made by the Client to the tenderer. While the bids are under consideration, tenderers and or their representatives or other interested parties are advised to refrain from contacting the Client by any means. If necessary, the Client will obtain clarifications on the bids by requesting for such information, from any or all the tenderers, either in writing or through personal contact, as may be considered necessary. Tenderers will not be permitted to change the substance of their bids after the bids have been opened.

17.0 Rights of the Railway to Deal with Tender:

17.1 The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no bidder shall demand neither any explanation for the cause of rejection of his tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

17.2 If the bidder deliberately gives wrong information in his tender or creates circumstances for the acceptance of his tender, the Railway reserves the right to reject such tender at any stage.

17.3 If the bidder expires after the submission of his tender or after the acceptance of his tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its charter.

18.0 Bid Evaluation System (Technical & Price Bids):

18.1 In this tender, Quality & Cost based system (QCBS) method of evaluation shall be used. The weightage of the technical requirements (i.e. quality) & financial (i.e. cost) components of the project shall be in the ratio of 60:40. The score attained for technical requirements (quality) & financial (cost) component will be separately worked out & combined score shall be considered for the tender. The Bid with the highest weightage combined score (Quality & Cost) shall be selected.

The relative weightage of different requirements of technical criteria for the Bid Evaluation is given in Annexure- K.

18.2 For the financial Bid, full marks / score (i.e.40) will be given to the lowest Bid. The other Bids will be given proportionally score as per the formula as under -

Score Obtained = (Lowest Bid Value / Offered Bid Value) x 40

19.0 Price Basis

19.1 Tenderers are required to quote on firm price basis.

19.2 The prices quoted must include all charges e.g. Taxes (withholding tax, GST etc), levies, duties, customs, cess, packing, forwarding and delivery charge etc, as applicable. Any change in statutory taxes shall be

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dealt as per standard guidelines. Cost breakup clearly indicating component of statutory tax must be mentioned as per requirement mentioned in tender schedule Form 6. Any claims whatsoever regarding change in statutory taxes shall be dealt as per standard guidelines.

19.3 The service provider shall get the system Insured and the bid prices quoted in the financial bid must be inclusive of the Insurance cost. In case of any damage to the equipment, RDSO/Railways shall provide a certificate for the same if the system is damaged due to reasons pertaining to Railways (including any accidental damage) for necessary claims to be made by the service provider. No claims other than the provisions mentioned in this clause shall be entertained for damage of equipment (if any).

The service provider / bidder must ensure availability of sufficient spares at his disposal to ensure that in case of any damage to the GPR system as described above, the same is attended by repair or replacement of a part or the complete system itself within 120 days of occurrence of such incident, any delay beyond this shall be treated as per clause 5.2 of GCC for services.

19.4 Cost of all deliverables of physical nature by the Service Provider to Client, included in the scope of the work, should be on C & F basis.

19.5 The price should be stated in foreign currency for foreign payments and Indian currency for all Indian Rupee payments.

20.0 Acceptance of Tender

20.1 ‘IF THE TENDERER/S DELIBERATELY GIVES WRONG INFORMATION / WHOSE CREDENTIALS / DOCUMENTS IN HIS / THEIR TENDERS AND THEREBY CREATES CIRCUMSTANCES FOR ACCEPTANCE OF HIS / THEIR TENDER. RDSO RESERVES THE RIGHT TO REJECT SUCH TENDER AT ANY STAGE forfeiting the Security deposit / earnest money, BESIDES, SHALL SUSPEND THE BUSINESS FURTHER FOR ONE YEAR.’

20.2 The authority for acceptance of tender rests with the competent authority of the Ministry of Railways, who does not undertake to assign reasons for declining to consider any particular tender or tenders. He also reserves the right to accept the tender in whole or in part or to divide the tender amongst more than one tender, if deemed necessary.

20.3 The successful tenderer/s shall be required to execute an agreement with the President of India acting through the ‘Executive Director, Track Machines and Monitoring, RDSO, Manak Nagar, Lucknow-226011, UP, India’ for carrying out of the work as per agreed conditions. The cost of stamp for the agreement, if required will be borne by RDSO.

20.4 The bidders operation and proceedings in connection with the work shall at all times be conducted during the continuance of contract in accordance with the laws, ordinance, rules and regulations for the time being in force and the bidder shall further observe and comply with the bye-laws and regulations of the Govt. of India, State Govt. and of Municipal other authorities having jurisdiction in connection with the work or site over operations such as these are carried out by the bidder/s and shall give all notice required by such bye-laws and regulations. The Hospital and medical regulations in force for the time being shall also be complied with by the bidder/s and his workmen.

20.5 The tenderer/s shall not increase his / their rate in case the Railway Administration negotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawals of the original offer and rates originally quoted will be binding on the tenderer/s.

20.6 The tenderer/s shall submit an analysis of rates, if called upon to do so.

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

20.8 Acceptance of bid will be communicated by Express Letter / Fax or formal acceptance of bid. Such acceptance of bid shall be deemed to conclude the contract.

21.0 Execution of Contract Documents:

The successful bidder shall be required to execute an agreement with the President of India acting through Executive Director, Track Machines and Monitoring, Research Designs and Standards Organisation (Ministry of Railways), Manak Nagar, Lucknow for carrying out the work according to Indian

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Railways General Conditions of Contract for Services, Special Conditions &Functional Specifications and Technical Requirements of work annexed to the tender. The Service Provider shall sign the “Contract Agreement” as per Annexure-III of Indian Railways General Conditions of Contract for Services.

22.0 Progress Reports

22.1 The Service Provider shall, from time to time, render such reports concerning the progress of the contract in such form as may be required by the Client.

22.2 The submission, receipt and acceptance of such reports shall not prejudice the rights of the Client under the contract, nor shall operate as a ground against Client merely by reason of the fact that he has not taken notice of/ or subjected to test any information contained in such report.

23.0 Responsibility of the Service Provider for Executing the Contract

The Service Provider shall perform the contract in all respect in accordance to the terms and conditions elaborated in tender document.

24.0 Force Majeure For Force Majeure, Para No. 4.12 of Indian Railways General Conditions of Contract for Services (Part-III of the tender document) shall be applicable.

25.0 Settlement of Disputes - Indian Railway Arbitration Rules For Settlement of Disputes between Service Provider and Client, Section VIII of Indian Railways General Conditions of Contract for Services (Part-III of the tender documents) shall be applicable.

26.0 Secrecy

26.1 The Service Provider shall take all reasonable steps necessary to ensure that all persons employed in any work in connection with the contract, have full knowledge of the Official Secrets Act and any regulations framed there under.

26.2 Any information obtained in the course of the execution of the contract by the Service Provider, his agents or any person so employed, as to any matter whatsoever which would or might be directly or indirectly, of use to any enemy of India, must be treated secret and shall not at any time be communicated to any person.

26.3 Any breach of the aforesaid conditions shall entitle the Client to cancel the contract.

27.0 Modifications in the Contract.

Generally, any modification in contract shall not be allowed, however if it is mandatory to modify the contract the provisions of para 5.3 of GCC for services shall be applicable. The decision taken by RDSO/IR in this regard shall be final.

28.0 Indemnity

The prices stated are to include all rights (if any) or patent, registered design or trade mark and the Service Provider shall at all times indemnify the Client against all claims which may be made in respect of the stores for infringement of any right protected by patent, registration of designs or trade mark; provided always that in the event of any claim in respect of alleged breach of a patent, registered designs or trade mark being made against the Client, the Client shall notify the Service Provider of the same and the Service Provider shall, at his own expense, either settle any such dispute or conduct any litigation that may arise there from.

29.0 Treatment of Data

29.1 Ownership of all data, technical reports, photographs, drawings, plans, specifications, models, patterns, samples, or any other information, including the test results attained, produced, or acquired by Service Provider from the Client in connection with this Contract shall vest in Client. Service Provider shall take all reasonable steps not to disclose or make available to third parties the above in any manner unless Client grants Service Provider written permission to do so.

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29.2 Service Provider shall not utilize specific results that it obtains from Client or Client’s test for Service Provider’s own purposes nor those of any third party. Service Provider shall not retain such information and results in Service Provider’s general data base files after the Contract is concluded and the results are reported. Service Provider shall retain the information and results only in a separate file, treated as proprietary and accessible only to Client and to those employees of Service Provider who need to know the information and results to carry out the services contained in the Contract. IN ANY EVENT, SERVICE PROVIDER SHALL NOT RETAIN ANY DATA (OTHER THAN A HARD COPY OF THE FINAL REPORT) BEYOND 90 DAYS OF CONCLUSION OF THE WORK DEFINED BY THE CONTRACT AND SUBMISSION OF ALL DELIVERABLES. UNLESS CLIENT HAS SPECIFIED OTHERWISE IN WRITING, ALL DATA WILL BE RETURNED TO CLIENT. Nothing herein shall in any way limit or restrict Service Provider from using any ideas, skills, know-how, methodologies, and principles that may have been used, developed or enhanced in the course of the work performed under the Contract.

The data and reports are to be stored in Data Cloud as per the requirement of the Technical Specifications, after the successful completion of the contract RDSO/IR shall have exclusive rights to all the data and reports, the Service Provider shall provide tools (Software etc.) to access the data and reports etc stored in the Cloud for 01 year after the completion of the contract.

29.3 Proprietary documents that originate with the Client shall be marked “PROPRIETARY” by Client, and Service Provider shall take all reasonable steps within its control to prevent the unauthorized release of proprietary data.

29.4 The above restriction on the disclosure of proprietary data shall not apply to the data which Service Provider receives from a source other than the Client, which is in the public domain, which is developed by Service Provider independently, or which Service Provider is required to disclose pursuant to an order of a court or other tribunal of competent jurisdiction.

29.5 The service provider shall submit detailed reports as per the approved formats to RDSO/IR as stipulated in payment conditions and technical specifications. Test results and related reports developed and prepared by the Service Provider will neither represent nor imply any endorsement by the Service Provider of any product, service, or process.

30.0 Intellectual Property Rights

Service Provider shall permit the usage of knowledge gained as given in Para 8.0 of “Functional Specifications & Technical Requirements” (Part-IV of tender document)

31.0 GST

Service Provider shall comply with GST Act, 2017 – Change in Para (a) of Clause 6, Part-I of Indian Railways Standard General Conditions of Contract, July 2014 according to Railway Board’s Letter No. 2017/CEI/CT/4/GST dated 23.06.2017 or latest.

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Part - II

Special Tender / Contract Conditions

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1.0 Minimum Eligibility Criteria

Tenderer(s) shall meet the criteria as under to participate in the tender:

1.1 Experience:

Work Experience: The bidder should have satisfactorily completed *in the last three previous financial years and the current financial year upto the date of opening of the tender,“5000 kms of Track Bed survey by GPR for ballast fouling and formation related issues, the speed of Recording the GPR Survey shall not be less than 80 kmph.”

Work experience certificate from private individual shall not be accepted. Certificate shall be considered from Railways, Rail Road companies, public listed company/private company/Trusts having annual turnover of Rs.500 crore and above subject to the same being issued from their Head Office by a person of the company duly enclosing his authorization by the Management for issuing such credentials.

Note:-

The bidder shall submit details of work executed by them in the prescribed format along with bid for the service contract to be considered for qualification of work experience criteria clearly indicating the nature/scope of contract, actual completion cost and actual date of completion for such contract.

[Format prescribed for details of work executed is furnished at Annexure- C of Form-1 of Part V]

1.2 Financial standing: The Bidders will be qualified only if they have minimum financial capabilities as below:-

i) T1-Annual Turnover: The bidder should have an annual financial turnover not less than 1.5 times the advertised bid value during the last three previous financial years and in the current financial year upto the date of opening of the tender. The audited balance sheet reflecting financial turnover certified by chartered accountant with her stamp, signature and membership number shall be considered.

ii) T2-Liquidity: The bidder should have access to or has available liquid, lines of credit and other financial means to meet cash flow that is valued at 5% of the estimated bid value net of applicant’s commitments for other contracts. The audited balance sheet and/or banking reference certified by chartered accountant with her stamp, signature and membership number shall be submitted by the bidder along with bid.

Banking reference should contain in clear terms the amount that bank will be in a position to lend for this work to the applicants/member of the Joint Venture. In case the Net Current Assets (as seen from the balance sheets) are negative, only the banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted banking references will be considered. Otherwise the aggregate of the Net Current Assets and submitted banking references will be considered for working out the Liquidity.

The banking reference should be from a Scheduled bank in India and it should not be more than 3 months old as on date of submission of bids.

In case of JV firms overall liquidity of JV firm shall be assessed by arithmetic sum of liquidity of all members of JV.

1.3 ISO Certification:

The tenderer must be ISO 9001:2015 certified.

2.0 Time schedule of Work

The entire work of “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways” shall be completed by

the successful bidder within 24 months from the date of issue of Letter of Acceptance (LOA).

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3.0 Payment

3.1 The contract price will be normally paid in the currency or currencies in which the price is stated in the successful bid. However, Client reserves the right to effect payment of equivalent amount in the currency or currencies of the country of origin of the work/goods in case the price is stated in other currencies. The equivalent amount will be calculated on the basis of exchange rate prevailing on the date of payment.

3.2 Payments of the work done shall be made as per the details mentioned in the Payment Conditions.

3.3 Payment shall be made on the submission of Bill ( in duplicate) to Executive Director/Track Machines and Monitoring, RDSO, Manak Nagar, Lucknow-226011 as per conditions laid down in the Schedule of Rates on the basis of certificate of satisfactory completion of work certified by the representative of ED/TM/RDSO or ED/GE/RDSO for which proper records shall be maintained.

3.4 The Service provider is required to quote his rates including all the taxes and duties applicable (GST, Customs, etc.) as no extra payment other than that accepted against the items of tender schedule shall be done.

3.5 The bill will be verified and forwarded to Accounts for payment after deduction of penalties and taxes in vogue from the Bill, if any. The tenderers shall mention the name of work and reference of agreement in the bill as well as name of Bank, Branch, Account No., PAN and GST No. on the bill. The Service Provider, who sign the contract agreement, should sign the bill.

3.6 Tenderer to give consent in a mandate form for receipt through ECS / EFT. Tenderer to provide the details of bank account in line with RBI guidelines for the same. These details will include bank name, branch name and address, account type, bank account number and bank & branch code as appearing on MICR cheque by bank. Tenderer to attach certificate from their bank certifying the correctness of all such information.

3.7 In case of non-payment through ECS / EFT or where ECS / EFT facility is not available, payment will be released through the cheque or Bank Transfer (especially in case of foreign currency).

3.8 Paying Authority: Executive Director / Finance, RDSO, Manak Nagar, Lucknow-22601 1, India will make the payment after satisfactory completion of work.

4.0 A penalty of maximum 10% of the total value of the contract may be imposed in case of unsatisfactory performance of the Service Provider. The decision of Client regarding performance of the Service Provider shall be final and binding in this regard. (This penalty shall be different than the payment deductions related to performance and adherence to timeline as described in the payment conditions).

5.0 Price variation: Price Variation shall be dealt as per section 5.7 of GCC for services for IR.

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Part-III

Indian Railways General Conditions of Contract for

Services (2018)

(http://www.indianrailways.gov.in/railwayboard/uploads/directorate/Transformation_Cell/Circulars/

General_Condition_Contract_Service.pdf)

http://www.indianrailways.gov.in/railwayboard/uploads/directorate/Transformation_Cell/Circulars/General_Condition_Contract_Service.pdf

http://www.indianrailways.gov.in/railwayboard/uploads/directorate/Transformation_Cell/Circulars/General_Condition_Contract_Service.pdf

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Part-IV

Functional Specifications &

Technical Requirement

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1.0 Scope and Objectives:

(i) To conduct a GPR survey of about48,450 kmsof railway track over IR by using GPR

systems attached with underframe of nominated TRCs (Track Recording Cars)within a

time period of about 24 months assuming an average productivity of 4000 km per month.

This time includes time required for necessary prepartory work for the start of the GPR

Survey and also includes no-work period during heavy rains and monsoons.Any extra

time beyond 24 months required to complete the work shall be dealt as per standard

guidelines.

(ii) To develop ballast fouling indices based on IR ballast specifications,considering standard

sieve sizes used on IR for ballast gradation etc. and quality of ballast and different variety

of contaminants such as coal dust, mud, crushed ballast, stone dust, Iron ore etc.

(iii) Processing of collected data, to provide a calibrated and proven measurement of the

thickness of clean ballast and average ballast fouling measurement averaged

over350mmfrom bottom of sleeper.

(iv) Based on average productivities stated in 1(i), processing of the data as per para 1(iii)

should be completed and reports of the same submitted within45 days for the data

recorded by the end of month. These data should be submitted as per jurisdiction chart of

Assistant Divisional Engineer (ADEN).

(v) All processed data must be in format so that it could be registered to RDSO linear

reference system linked to a route tape and standard track blocks of 200mts.

(vi) Based on the processed GPR results the systemshould provide customer definable rules &

thresholds such as ballast fouling index, which can be used to provide ballast maintenance

recommendations (ballast cleaning, shoulder ballast cleaning) across the surveyed

network.

(vii) The supplier of GPR services would provide the first set of rules & thresholds to be used

to provide ballast maintenance recommendations for Indian railway (considering

conditions on IR as described in Para 1(ii)) based on the use of thresholds provided by

agency which shall be derived from the experience gained by service provider in other

railway systems and their maintenance schedule. These would be reviewed by RDSO.

(viii) All data collected should be archived, using a suitable external storage device solution or

cloud basedstorage with exclusive access by IR starting from start of GPR data collection

up to a period of at least 2 years following the completion of the data collection. All rights

of access to appropriate external storage devicewhere the data of Indian Railway will be

stored, be remained reserved withIndian Railway.

(ix) A viewing tool must be supplied on completion of the data processing to enable linear

referenced processed reports along with recommendations to be viewed by RDSO.

(x) Training to be provided to 2 RDSO/IR officials on similar system (wherever similar

system is working), covering all important aspects of ballast fouling indices, calibration,

sampling process and benchmarking of GPR survey report for maintenance

instructions/guidelines with correlation with actual field conditions. Training shall also

include methodology of monitoring the quality of signal output of antenna to timely

address any issues regarding performance of the system.

(xi) Post processing of data and reporting to include

(a) For a targeted 350 mm from sleeper bottom, ballast fouling details and clean ballast

depth as stipulated in point no 1(iv).

(b) For a targeted 1500 mm from sleeper bottom, ballast pockets, signs of formation

failure, development of water pockets, locations with ingress of water etc. as required.

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2.0 System description:

(i) The GPR systemwill be mounted on underframe ofnominated Track Recording Car

(TRC). The TRC coach sketch & details are enclosed. The system should be mounted

securely beneath the train to prevent damage and minimize the prospect of theft of any of

the components. The details of mounting arrangements and necessary modifications

required in existing parts to be submitted by service provider is to be specified by the

firm. (The Track Recording Car nominated for this work has been supplied by M/S

Mermec Italy, the bidder may inspect the TRC for any other information with prior

intimation..)

(ii) Due care shall be taken to ensure that the antenna fitments fall within the IR Schedule of

Dimension as specified by RDSO.

IR schedule of dimension along with correction slips etc. may be downloaded from

“www.indianrailways.gov.in → railway board → about indian railways →railway board

directorates →civil engineering directorate → IRSOD”

(iii) The system must comprise of antennas of frequencies addressing to the reqirements

mentioned in para 1.0 of this section above. It is expected that a minimum of 3 numbers

of antenna must be used.The system may comprise of a combination of high frequency

low wavelength (2GHZ) and low frequency high wavelength (400-700 MHZ)GPR

antennas. (2 GHZso that wavelength addresses to the concern of ballast fouling, clean

ballast layer and water retention indications for 350 mm from sleeperbottom and 700-400

MHZ such that the wavelength addresses the issues regarding ballast pockets, signs of

formation failure, development of water pockets, locations with ingress of water etc are

addressed for depth up to 1500mm from sleeper bottom.)

The frequencies of GPR antennas mentioned above in this para are indicative any other

configuration of GPR antennas with different frequencies may be used to arrive at the

required result.

(iv) The antennas described in 2(iii) must be arranged in such a way that the reports give

complete indicative health of shoulder ballast and central ballast.

(v) Normally the speed of scanning shall not be less than 100 kmph, however the service

provider shall submit the maximum speed at which the GPR recording could be done

which could be utilised in future. The scan interval shall be such that the accuracy of the

report as defined in payment conditions is met.

(vi) Sufficient arrangements must be in place to minimize electromagnetic interference and

interference from dust/water ingress protection. The system should be able to work in all

climatic conditions of IR.

3.0 GPR antenna requirements:

(i) Antennas will be mounted in protective housings which will prevent water ingress and

provide protection against foreign object strikes like ballast hitting.

(ii) Antennas used by supplier should have proven track record to meet the stated objectives.

Documents regarding performance of these documents is to be submitted.

(iii) Where the bidder/contractor’s data processing algorithms utilize frequency or amplitude

based analysis of the data, such as for ballast fouling, they shall provide a proven method

of antenna performance monitoring and calibration. To ensure high data quality and

repeatability between antennas they shall be monitored every week during data collection.

Antennas exhibiting amplitude or frequency changes outside of agreed limits shall be

replaced. Antenna performance results shall be made available to RDSO via a shareable

webpage.

(iv) GPR data shall be monitored in real time during data capture to automatically alert the

operator when poor quality data is being collected.

http://www.indianrailways.gov.in/

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4.0 GPR data acquisition system:

(i) The system shall be able to take distance measuring inputs from the TRC to locate exact

position of TRC, to accurately trigger data capture at a minimum scan intervals described

as before.

(ii) All GPR data shall be referenced by km post, elapsed distance and block number as per

the TRC route tape.

(iii) The supplier shall be able demonstrate accurate co-location of GPR data with the TRC

before the start of the survey.

(iv) The system will be capable of automatically monitoring GPR data quality and

automatically creating production and error reports of GPR data quality for upload to a

shareable webpage or download at the end of a recording shift.

(v) The data acquisition system shall be remotely accessible to monitor system performance

and if required change system settings.

(vi) The system will be configurable to upload GPR data to a suitable cloud storage platform

to limit manual handling of data.

IMPORTANT NOTE : The system shall not rely solely on the inputs from TRC and

shall be self sufficient to ensure the requirement mentioned in this para.

5.0 Data processing:

(i) Data processing is to be done by a team of technical manpower & software analysist

having experienced in railway track scanning with use of GPR system service provider

utilising required system software.

(ii) Delivery of the results of processing the GPR data to deliver ballast quality results as per

para 1(iii) for 48,450km of the network shall be on a continuous basis and not later than

time as stipulated in point no 1(iv).These data should be submitted for every stretch as

stated in 1(iv).

(iii) Detail report of identifiable ballast pockets/ ballast puncturing up to 1.5mts depth, signs

of subgrade failure and water pockets causing drainage related issues in track ballast must

be made available in an agreed time limit (time limit to be mentioned by agency with

tender offer) after suspected locations are notified to agency and GPR Survey has already

been done.

6.0 Ballast fouling calibration:

(i) A sampling and calibration program shall be decided based on previous experience of

agency and IR conditionsand shall be completed within a desirable time frame which

shall not exceed 30 days after the system is available in India and all other preliminary

studies have been done. It is expected that all the required preparations for calibration

shall be done by the time the system arrives in India.

(ii) The sampling program in Para 6 (i) shall detail previous calibration exercises carried out

for other railroads worldwide to relate GPR-derived ballast quality measurements to

physical measurements of ballast quality and recommend a best practices approach to

implement.

(iii) Sampling and calibration program with details of activities involved shall be submitted

with tender offer. These details shall also include equipment etc. to be used for

calibration.

(iv) If the calibration is to be done again to comply the accuracy mentioned in the tecno-

commercial conditions the agency/service provider shall not receive any extra payment

and this re-calibrationshall be on agency’s cost.

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(v) Any data/report(s) previously issued shall be reissued if the original calibration used is

changed.

7.0 Reporting:

Reports shall include followings

(i) The detail formats of the reports have to be submitted by the agency along with the tender

offer, changes if required shall be communicated to successful tenderer along with LOA

and the changed formats shall be submitted within next 30 days for approval.

(ii) It is expected that reports shall be produced in at-a-glance sheets(excel sheets or csv files

etc.) where it could be easily made out by colour codes etc degree of ballast fouling,

depth of clean ballast etc.The length of track covered in each sheet shall be user

dependable, the report must includechainages, elapsed distance, block number, ballast

fouling categories for the left shoulder, centre and right shoulder and the thickness of

clean ballast as categories for the left shoulder, centre and right shoulder. Category

thresholds should be editable by the customer.

(iii) Track charts with km post and asset labels derived from the route tape showing ballast

fouling and ballast depth categories for the left shoulder, centre and right shoulder. This

should be producible with a selectable block size (5m, 25m, 50m, 100, 200m).

(iv) Maintenance planning recommendations for ballast cleaning (shoulder and centre) shall

be given with the reports.

(v) A viewing tool to enable linear referenced processed reports, to be viewed by RDSO. The

customer should be able to select any part of the network and view linked processed

radargrams with a map overview.

(vi) On request for specified track sections, similar report as described in 7(i) for ballast

pockets, layer roughness representing potential subgrade failure and wet beds.

(vii) If requested, detailed track-bed inspection reports on a per km basis to investigate the

potential cause of track geometry faults.

The Track Recording Car nominated for this work has been supplied by M/S Mermec Italy.

To ensure the accuracy of location of the reports generated by the GPR system,

a. The GPR system may take input signals of location etc. from the TRC system, any

technical details required from the TRC system supplier i.e. M/S Mermec, Italy or any

liasoning required to be done with M/S Mermec, Italy shall be doen by the service

provider; OR

b. The srevice priovider may install his own sub system for this purpose.

8.0 TRANSFER OF KNOW-HOW & INTELLECTUAL PROPERTY RIGHTS

1. The bidder will not divulge any confidential technical data and information supplied by

RDSO to any third party, nor will reproduce data/information in any form.

2. The reports will be the property of RDSO and the use of the reports in any form and for any

purpose will be made only with the prior approval of RDSO. RDSO shall be free to use

design, drawings and specifications developed during the project.

3. All the specifications and the related reference drawings issued by any authority of Indian

Railway / RDSO for this project have been prepared by Indian Railways. All rights

conferred by the law of copyright and by virtue of International copyright convention are

reserved with Indian Railways; irrespective of the fact whether the same has been

mentioned on any of such documents or otherwise. Re-production in whole or in part

requires the prior written consent of Indian Railways. As the drawing / document

incorporate confidential information, its disclosure to third parties also requires Indian

Railways prior written consent.

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Part-V

Forms for Tender

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FORM-1

Tender Form Covering Letter

Tender No.: RDSO/TMM/GPR/2019/01

Name of Work: Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways.

The President of India,

Acting through the Executive Director, Track Machines and Monitoring, Research Designs and Standards Organisation (RDSO), Manak Nagar, Lucknow - 226 011 (U.P.), India

1. Name of Bidder - Single entity / Joint venture.

2. Lead Member & other members of joint venture, if applicable.

3. I / We ____________________________________________ have read the various conditions to tender attached here to and hereby agree to abide by the said conditions. I / We also agree to keep this tender open for acceptance for a period of 180 days (one hundred eighty days), for both ‘technical’ and ‘price’ bids, from their respective date fixed for opening the same and in default thereof, I / We will be liable for forfeiture of my / our earnest money. I/We offer to do the work of “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways” for Indian Railways at the rates quoted in the “Price Bid” in the prescribed format and hereby bind myself / ourselves to complete the work in all respects within the prescribed period given in Part-IV of the tender document from the date of issue of letter of acceptance for the work.

4. I / We also hereby agree to abide by the Instructions to tenderer, Special tender / contract conditions, Indian Railways General Conditions of Contract for Services with all correction slips up-to-date and to carry out the work as laid down in Functional Specifications and Technical Requirements of the work, given in Part-IV of the tender documents.

5. We have deposited a sum of . … … only as Earnest Money. The full value of the earnest money shall stand forfeited without prejudice to any other right or remedies in case my / our tender is accepted and if:-

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

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

6. I /We am / are a Micro and Small Enterprise registered from ....... (body approved by Ministry of MSME)

with registration No ............. and terminal validity up to .......... for similar service contracts. 7. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding

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

8. I / We enclose the following statements as Annexure:

a) Proforma for Tender Documents Acceptance: Tender documents, duly signed on every page by the authorized signatory. A declaration in this regard shall be submitted as Annexure A.

b) Proforma for Statement of Deviations (Annexure B) (Mention “No Deviation” statement if there is no deviation).

c) Details of the previous works/services by the bidder (Annexure- C)

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d) Proforma for Financial Eligibility Criteria – (Annexure- D)

e) Proforma for Memorandum of Understanding for Joint Venture Agreement (Annexure- E)

f) Proforma for Power of Attorney for signing of Application (Annexure- G)

g) Proforma for Power of Attorney for Lead Member of JV (Annexure- H)

h) Proforma of Bank Guarantee for Earnest Money (Annexure- I)

i) Proforma of Undertaking regarding Blacklisting / Non – Debarment (Annexure- J)

j) Bid Evaluation – Technical Criteria (Annexure- K)

k) Checklist of Technical Bid (Packet – I) (Annexure- L)

l) Cost of bid documents, if downloaded from RDSO website as per para 4.0 of tender notice.

m) Certificate of understanding (Form-2)

n) Details of the tenderer and his collaborator (Form-3)

o) Mandate form for RTGS/NEFT electronic fund transfer (Form-4)

p) Technical Bid sheet (Form-5)

(Signature of the tenderer with date): Name (in Block Letters):

……………………………………

Capacity in which tender is signed:

……………………………………….

Address of firm in full:

………………………………………. ……………………………………… ……………………………………..

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ANNEXURE- A

PROFORMA FOR TENDER DOCUMENTS ACCEPTANCE

Tender No.

Date of opening ...................... Time ................. Hours

Name of the Firm / JV ……………………………………………………………………………

I / We certify that I / We have read and understood the terms & conditions of the Functional Specifications and Technical Requirements of Work, Special Tender / Contract conditions, Instructions to tenderers and Indian Railways General Conditions of Contract for Services (Latest Revision) and agree to undertake the works for “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways” as per these terms & conditions. I / We have counter-signed each any every page of tender documents.

The deviations, if any, have been specified as per Annexure- B.

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ANNEXURE- B

PROFORMA FOR STATEMENT OF DEVIATIONS

Tender No.

Date of opening ....................... Time ..........................................Hours

Name of the Firm / JV ……………………………………………………………………………

1. Deviations from Functional Specifications and Technical Requirements of Work

Para No. Deviation Remarks (including justification)

2.Deviation from Special Tender/Conditions

Para No. Deviation Remarks (including

justification)

3. Deviation from Instructions to Tenderers


justification)

4. Deviations from Indian Railways General Conditions of Contract for Services (Latest

Revision)


justification)

NOTE: Where there is no deviation a statement should be written duly signed with an endorsement

indicating “No Deviations”.

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ANNEXURE-C

FORMAT FOR DETAILS OF THE PREVIOUS WORKS/SERVICES BY THE BIDDER

SN Name

of the

work

Brief

scope of

the

work

Agreement

no and Date

Details of

Firm/Client

for whom

work was

done

Experience

Certificate

from

Client/Firm

enclosed ?

(Yes/No)

Value of

work as per

Agreement

indicating

currency

unit (in

figure and

words)

Due date of

completion(

in case

continuing/

actual

completion

date)

Ammount

receieved

agaisnt the

work from

Firm/Client

indicating

currency unit

in figure and

words

Financial year

in which the

payment was

receieved

from the

Firm?client

• Financial Year is taken from 1stApril of a year upto 31st March of succeeding Year e.g. the period of 1s tApril to 31st March, 2016 is taken as Financial Year 2015-2016.

• In case payment for a single work has been received in different financial years, indicate payment received against each financial year for that work.

• Supporting documents for the above claims received from the clients must be submitted along with the bid document, any claims not accompanied with authentic supporting document shall not be considered while evaluation.

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ANNEXURE- D

PROFORMA FOR FINANCIAL ELIGIBILITY CRITERIA

1. The bidder is required to submit the details of satisfactorily completed “5000 kms of Track Bed survey by GPR for ballast fouling and formation related issues. The Speed of the survey for conducting GPR Survey must be 80 kmph and more.”

The details of works of GPR Survey of Track Bed as required to submitted in following format..

S.No. Details of Work /

Contract executed

Total Value of the Contract + Payment Received+

Kilometer of track bed survey done in the

Contract

Supporting Documents

Remarks (If any)

I

Ii

2. The tenderer is required to submit the turnover details in support of executed works / contracts of 150% of the tender value in the current financial year plus last three financial years as per the following format:.

S.No. Financial Year Value of Works /

Contracts executed Supporting Documents

R e m a r k s (If any)

I Current Financial Year till the date of

opening of the tender

Ii Year 2018 - 17

Iii Year 2017 - 16

Iv Year 2016 - 15

(Financial year is considered from 1st April to 31st March, eg. Financial year 2016-17 is from 1st April 2016 to 31st march 2017.)

3. Whether the certificate issued for the turnover amount is audited & certified by YES / NO

chartered accountant.

4. Whether the firm has completed 5000 kms of Track Bed survey by GPR for ballast fouling YES / NO

and formation related issues. (The Speed of the survey for conducting GPR Survey must be 80 kmph and more.)

5. Whether the turnover amount for which the certificate is issued is more than 150% eligibility YES/NO requirement i.e. Rs. 423880905/- only.

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ANNEXURE- E

MEMORANDUMOF UNDERSTANDING FOR JOINT VENTURE AGREEMENT

1 This memorandum of understanding executed this ___________ day of ____________ 20___ between ____________(Name of Co.) _________________ a company registered under the Companies Act 1956

having its registered office at ________________________ represented through its Director / Authorized Representative ______________ (here in after referred to as ________________ which expression shall unless repugnant to the context thereof includes it successors) of the FIRST PART.

AND / OR

M/s. _______________________ a partnership firm constituted under the Indian Partnership ACT 1932, having its registered office at ____________ , represented through its partner Shri _________________

/Authorized Representative Shri ________________ (hereinafter referred to as_____________which expression shall unless repugnant to the context thereof includes its successors) of the FIRST PART.

AND / OR M/s.___________________ a proprietary concern having its registered office at_____________ represented through its sole proprietor Shri_______________(hereinafter referred to as__________ which expression shall unless repugnant to the context thereof includes it successors) of the FIRST PART

Whereas, the party of the First part i.e. M/s. __________________________________ details to be supplied of the expertise in their field.

Whereas, the party of the Second part M/s. __________________________________ details to be supplied of the expertise in their field.

Whereas, the party of the Third part M/s. __________________________________ details to be supplied of the expertise in their field.

AND whereas parties to this MOU have agreed to co-operate with each other to associate jointly and to form a Joint Venture Firm to participate in the RDSO Tender of Indian Railways.

Now, therefore, in consideration of the promises and mutual promises and of the undertaking contained herein, it is hereby agreed between the parties of the MOU as follows:

1. The purpose of MOU M/s._____________ , _____________ and _______________ agree to Co-operate with each other for the purpose of joint participation in the RDSO Tender (“Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways”) and in the event, the contract is awarded, to jointly execute the contract. The broad interfaces and scope of work of each party is set forth below:

2. The name of the Joint Venture firm shall be ______________________________

3. The parties, hereto, represent that:

a) They are in possession of all approvals and valid authorization for the purpose of execution of this MOU.

b) They have not entered into any agreement / MOU of equal or similar nature with any third party for this Tender no. RDSO/MP/SG Loco.

That each of the parties of JV, agrees and undertake to place at the disposal of the JV, benefits of its individual experience, technical knowledge and skill and shall in all respects bear its share of the responsibility, including the provision of information advice and other assistance required in connection with the works. The share and the participation of the partners in the JV shall broadly be follows:

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M/s. %

M/s. %

M/s. %

“That M/s. ______________________ shall be the lead member of JV firm who shall have a majority (at least 51%) share of interest in the JV firm. The other members shall have a share of not less than 20% each (in case of firm with upto three member) The other members shall have a share of not less than 10% each (in case of JV firm with more than three members). In case of JV firm with foreign member(s), the lead member has to be an Indian firm with a minimum share of 51% (strike out which is not applicable) And all right, interest, liabilities, obligations, work experience and risks (net profits or net losses) arising out of the contract shall be shared or borne by the Parties in proportionate to these shares. Each of the parties shall bound by guarantees, sureties required for the work as well as its proportionate share in working capital and other financial requirements.

4. The parties to this MOU undertake:

a) That after submission of the tender, the MOU shall not be modified/altered/terminated during the validity of the tender including extension and warranty period except when modification becomes inevitable due to succession laws etc., but in no case the minimum eligibility criteria would be vitiated.

b) That after the contract is awarded the constitution of the JV Firm shall not be altered during the currency of contract except when modification becomes inevitable due to Succession Law etc., “but in no case the minimum eligibility criteria would be vitiated”.

c) That with respect of the RDSO Tender neither party, nor any subsidiary company of either Party, not any joint venture company or any other entity, in which the party/parties, is or are in any way interest, shall complete together with or through any third party, nor shall be parties advise, consult for, engage in or otherwise assist in any way person or entity or any affiliate thereof in respect of any orders or contracts related to this tender.

d) That none of the members of joint ventures is black listed and/or debarred by the Indian Railways or and other ministry or department of Govt. of India/State Govt. from participation in contract / under in the past either in individual capacity or the JV Firm or partnership firm in which they were/are members/partners.

5. Joint & Several Liability

In respect of the RDSO Tender, all commercial terms shall comply each part on back-to basis specifications of the RDSO Tender or any other mutually agreed terms with the Owner / Customer. The Parties hereto shall, if awarded the contract for the project for which the Joint Venture is formed, be jointly and severally liable to the Indian Railways for execution of the project in accordance with the contract. The Parties hereto also undertake to be liable jointly and severally for the loss, damages caused to the Indian Railways in course of execution or due to non-execution of the contract or part thereof arising out of the contract.

6. Shri _______________________ be authorized partner / person on behalf of the Joint Venture to deal with tender, to sign the agreement or enter into contract in respect of the said tender, to receive payment, to witness joint measurement of work done, to sign measurement books, and similar such action in respect of RDSO Tender / Contract. All notices / correspondence with respect to the contracts would be sent only to this authorized partner / person of the JV firm.

7. Notwithstanding anything herein, in respect of the RDSO Tender, with regard to the internal relationship, the inter se liabilities between the parties shall be in proportion to their respective scope of work and shall be subject to the provisions of this MOU.

8. Responsibility

Each Party shall assume and accept full responsibility for its Scope of Work and the obligations imposed in the Contract and in this MOU as if it was, with regard to this Scope of Work, an independent partner contracting individually with the Customer. In the event of any defect and damage or any claim arising from the Customer under the Contract or any third party in relation to or as a consequence of any failure to meet

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the performance specification the Party, within whose Scope of Work the claim arises, shall be entirely responsible for the claim and shall indemnify and hold harmless the other Party from any liability, demand, claim burden cost, expense attorney’s fees and costs arising from thereof.

No party to the Joint Venture has right to assign or transfer the interest, right or liability in the contract without the written consent of the other party and that of the Indian Railway.

9. Use of Machinery, Instruments, Labor Force etc.

The Parties here to undertake that whatever the machinery, instruments, Labor force (including unskilled, skilled, inspectors, Engineers etc.) they possess at the time of entering into Joint Venture Agreement or which subsequently shall come in their possession and if such machinery, instruments, labor force is required for the speedy and efficient execution of the work, the Party / Parties having the control over the said machinery, instrument, labor force etc. without having any regard to their share of profit and loss agreed to between the Parties in Joint Venture Agreement shall hand over the same at the disposal of the other party who is actually executing the work for the purpose of execution of the contract without any hindrances and obstacle.

10. Duration of MOU

It shall be valid during entire currency of contract including the period of extension or till all the contractual liabilities including warranty / guarantee obligations are discharge completely.

11. Applicable Law

The MOU and any arrangement /agreements regarding the performance shall be construed and interpreted in accordance with and governed by the Laws of India and shall be subject to the exclusive jurisdiction of the courts at the place where MOU is executed/signed between the parties.

12. Settlement of Disputes

In the event of disputes arising from the MOU, the Parties to the MOU undertakes to endeavour to settle the said disputes amongst them amicably. However, if the parties fail to resolve the disputes amongst them amicably, the said disputes arising out of or in connection with the present MOU shall be resolved through Arbitration as per the provisions enshrined under the Arbitration and Conciliation Act, 1996 or /and statutory modifications made thereafter.

13. All communications or notices provided for herein shall be in the English language and be delivered, mailed, or tele-faxed to the Parties addresses as indicated below :-

M/s. ______________________________________________________________

M/s. _______________________________________________________________

All correspondence and notices to the Joint Venture firm shall be addressed to the Lead Member i.e. M/s. ______________________ /Shri ______________ at the address stated herein below:- M/s. ________________________________________________________________ Such communication or notices shall be deemed to have been duly given when so delivered or, if mailed, when received at destination.

14. Each Part shall have full and sole responsibility to bear the expense of and effect the payment of any taxes, duties, special insurance, fees or assessments of any nature whatsoever (including personal income taxes levied or imposed or any of its employees or personnel or any of its subService Provider’s employees or personnel) including penalties and interest, if any, levied in connection with the execution of this MOU.

In witness whereof, the Parties have caused this MOU to be executed by their respective authorized representative on the date and year mentioned herein above.

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Signature:-

of Shri _______________ of M/s._____________

Witnesses:

1) Name:

2) Name:

Signature:-

of Shri ______________

M/s. ______________

Address:-

Address:-

Signature:-

of Shri ____________

M/s. ___________

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ANNEXURE- F

ANNEXURE- G PROFORMA FOR POWER OF ATTORNEY FOR SIGNING OF APPLICATION

Know all men by these presents, We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr / Ms (name), ……………………son / daughter / wife of ……………………………… and presently residing at…………………., who is (presently employed with us / the Lead Member of our Joint Venture Firm and holding the position of ……………………………. ), as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connectionwith or incidental to submission of our application for submission of our bid forthe said Projectas per the requirements mentioned in the tender document of the work of Monitoring health of ballast bed with the help of ground penetration

radar technology for through ballast renewal(TBR) and formation rehabilitation on Indian Railways by the Ministry of Railways (the “Client”)including but not limited to signing and submission of all applications, bids and other documents and writings, participate in Pre- Client and other conferences and providing information / responses to the Client, representing us in all matters before the Client, signing and execution of all contracts including the Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Client in all matters in connection with or relating to or arising out of our bid for the said Project and / or upon award thereof to us and/or till the entering into of the Agreement with the Client.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHERE OF WE, …………………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………., 2……..

For ………………………….. (Signature) (Name, Title and Address)

(Signature, name and designation of the authorized signatory)

Witnesses:

1.

(Notarised)

2. Accepted

…………………………… (Signature) (Name, Title and Address of the Attorney)

Notes: 1. The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid

down by the applicable law and the charter documents of the executants (s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

2. Wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution / power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

3. For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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ANNEXURE- H

PROFORMA FOR POWER OF ATTORNEY FOR LEAD MEMBER OF JV

Whereas the Ministry of Railways (“the Client”) has invited applications from interested parties for Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal(TBR) and formation rehabilitation on Indian Railways as per Functional Specifications and Technical Requirements of Work (Part-IV of Tender Documents). Whereas, ………………………………….. and …………………….. (collectively the “JV ”) being Members of the JV are interested in bidding for the bid in accordance with the terms and conditions of the bid document and Whereas, it is necessary for the Members of the JV to designate one of them as the Lead Member with all necessary power and Client to do for and on behalf of the JV, all acts, deeds and things as may be necessary in connection with the JV’s bid for the bid and its execution. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS

We, …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., M/s. …………………….. having our registered office at …………………….., and …………………….. having our registered office at …………………….., (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize M/s …………………….. having its registered office at …………………….., being one of the Members of the JV, as the Lead Member and true and lawful attorney of the JV (hereinafter referred to as the “Attorney”). We hereby irrevocably authorise the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the JV and any one of us during the bidding process and, in the event the JV is awarded the contract, during the execution of the bids and in this regard, to do on our behalf and on behalf of the JV, all or any of such acts, deeds or things as are necessary or required or incidental to the pre-qualification of the JV and submission of its bid, including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders and other conferences, respond to queries, submit information / documents, sign and execute contracts and undertakings consequent to acceptance of bid of the JV and generally to represent the JV in all its dealings with the Client, and / or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the JV’s bid and / or upon award thereof till the Agreement is entered into with the Client.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us / JV .

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON

THIS ……….. DAY OF ……….………..

For …………………….. (Signature) …………………….. (Name & Title) For …………………….. (Signature) …………………….. (Name & Title) For …………………….. (Signature) …………………….. (Name & Title) Witnesses:

1. ……………………………. 2. …………………………….

(Executants)

(To be executed by all the Members of the JV) Notes:

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

2. Also, wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a board or shareholders’ resolution / power of attorney in favour of the person executing this

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Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued. However, the Power of Attorney provided by Applicants from countries that have signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming Appostille certificate.

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ANNEXURE- I

PROFORMA OF UNDERTAKING REGARDING BLACKLISTING / NON – DEBARMENT

(On Stamp Paper of Requisite Value)

Tender No. RDSO/TMM/GPR/2019/01

Date of opening ........................ Time ................. Hours

Name of the Firm / JV……………………………………………………………………………

To,


Acting through the Executive Director,Track Machines and Monitoring, Research Design and Standards Organisation (RDSO),

Manak Nagar, Lucknow - 226 011 (U.P.), India

We, all the members of the JV certify that M/s…………

&M/s …………………..…………………………….. are not black l isted or debarred by Indian Railways or any other Ministry / Department of the Govt. of India / State Govt. or any of the International Railway Organizations from participation in tenders / contract on the date of opening of bids either in their individual capacity or the JV firm or partnership firm in which they were / are members / partners.

For ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Authorised Signatory

~~~~~~~~~~~

Authorised Signatory Date:

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ANNEXURE- K, Bid Evaluation- Technical Criteria

The following criteria shall be applied for evaluation of Bid technical bids of the Bidder(s). A minimum of 60 points is essential for opening of Price bid. Similar work: Work of GPR survey for analyzing track bed and reporting on Ballast fouling and Formation related issues at the speed of not less than 80 kmph.

S.No. Technical Criteria Documentation Scoring

1.

Previous work done: The bidder has to submit documents related to similar work done during last three Financial years and including current financial year.

Works need to be successfully completed and there should be no penalties/ charges deducted from the bidder for his poor performance.

Works of GPR survey done for analysis of ballast related issues addressing to the issues of ballast fouling and formation problems shall only be considered. Works where the speed of GPR survey is below 80 kmph shall not be considered.

Works of GPR Survey done for other than railway track open for traffic shall not be considered. (GPR Survey done for railway construction projects shall also be not considered).

Certificates form clients, Rail Road companies, National Railways etc. must be submitted along with the Tender for evaluation purpose along with following details.

a) Name of work/Agreement.

b) Kilometers of GPR Survey done under the Work/agreement related to Ballast Fouling. This should also include the speed at which the work of GPR Survey and Data collection has been done.

c) Kilometers of GPR Survey done under the Work/agreement related to Formation related issues.

d) The certificate must clearly mention dates of start of work and completion of work, whether the performance have been satisfactory or not and whether any penalties etc. have been levied on the agency for any shortfall or not, and the speed at which the work of collecting of GPR data has been done.

For all the works, successfully and satisfactorily completed, where Speed of data Collection is equal to or more than 80 kmph the total no of kilometers covered shall be aggregated and Aggregate for kilometers of work done in successfully and satisfactorily completed / ongoing in last 3 financial year and current financial year above the speed of 80 kmph will be worked out for ballast fouling and scores shall be allotted as below.

1)If the aggregate is more than or equal to16900 kms 30 points shall be given.

2)If the aggregate is more than 13000 but less than 16900 kms, 27 points shall be given.

3) If the aggregate is more than 10000 but less than 13000 kms, 24 points shall be given.



No points shall be done for the offers where total work done for collection of GPR Data for ballast fouling issues is less than 5000 kms.

2.

Speed at which the system is able to do GPR Survey.

On IR the work is to be done at the speed of 100 kmph and above. The system provided to IR for this work must be capable

The bidder must submit certificates from the original equipment manufacturer, Clients,Rail Road companies, National Railways etcin support of the Maximum speed at which the system can conduct Data

Points shall be given for Speed capacity of the system as following.

1) Recording Speed capacity of the system more than or equal to130 kmph = 10 points

2) Speed capacity of the system more than 110 and less than 130 kmph = 9

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to conduct GPR Survey with an accuracy of 90 % at speeds of 100 kmph and above.

The system must be able to conduct GPR Survey with required accuracy at lower speeds also.

The speeds mention in last column of this row are for qualifying purposes only.

Collection for the work of GPR Survey.

points.

3) Speed capacity of the system more than 100 and less than 110 kmph = 8 points.



Bidders who don’t previous experience of conducting conduct GPR Survey with an accuracy of 90% at speeds 80 kmph and above shall not be considered eligible for the tender. Bidders who are not able to produce certificates in this regard shall also be not considered.

3 Speed at which the work of data Collection for GPR Survey has been actually done by the service provider.

On IR the work is to be done at the speed of 100 kmph and above. The system provided to IR for this work must be capable to conduct GPR Survey with an accuracy of 90 % at speeds of 100 kmph and above.

The speeds mention in last column of this row are for qualifying purposes only.

Certificates from clients, Rail Road companies, National Railways etc. stating the speed at which the Work of data collection has been done by the Bidder in last 5 financial years including current financial year.

The work with maximum speed shall be considered.

The Certificate must mention Speed and % accuracy. Speeds at which accuracy is below 90% shall not be considered.

Points shall be given for Maximum Speed at which the Work of Data Collection has been done for GPR Survey of railway Track.

1) Maximum Recording Speed of the system more than 130 kmph = 10 points

2) Maximum Recording Speed of the system more than 110 and less than 130 kmph = 9 points.




Bidders who don’t previous experience of conducting GPR Survey with an accuracy of 90 % at speeds of 80 kmph and above, shall not be considered eligible for the tender. Bidders who are not able to produce certificates in this regard shall also be not considered.

4 Turnover (in last three and current Financial year).

(Less than 1.5 times the value of work is not

As per audited balance Sheet certified by the C.A. For foreign firms and JVs the combined balance sheet of

a) 20 points – more than 5 times advertised value of work. (b) 16 points – 3-4.99 times advertised value of work. (c) 14 points – 2-2.99 times advertised

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eligible).

For JVs turnover of all the members of JV shall be considered as per rule.

the Foreign firm or the JV must be certified by the C.A.

value of work. d) 12 points – 1.5 – 2 times advertised value of work. The firms/ JVs having Turn Over less than 1.5 times the advertised value of work in last three and current Financial year shall not be considered.

5.

Number of years in operations in the field of GPR Survey of Track Ballast.

(Firms/ JVs having firms whose technical partners are having less than 1 year of experience are not eligible)

The firms have to submit certificates in this regard from the clients/ rail road companies to establish the duration in years for which they are working in field of GPR Survey or Railway track.

If older than 10 years 10 points. If 8-10 years 9 points. If 6-8 years 8 points. If 4-6 years 7 points. If 3-4 years 6 points. Firms not older than 3 years in the field of GPR Survey of railway track shall not be considered.

6 Presence in different Countries Firm’s having more presence world wide in the field of GPR Survey of track Beds shall be given more points.

Certificates of completed works, ongoing works from the clients.

>= 5 (including parent country), 10 points. 4 (including parent country) 9 points. 3 (including parent country) 8 points. 2 (including parent country) 7 points. 1 06 points.

7 Data turnaround time It is critical that the data collected each month (48,450km in approx 14 ie 3,500 km/month) can be processed with a month’s arrears

Ability to process data and deliver outcomes in a short timeframe. Provide evidence from a 3rd party that this has been achieved at least for 6 times (monthly) in a period of last 3 financial years including current financial year.

10 points if >= 5000 km per month. 9 points if >= 4000 and <4999 km per month. 8 points if >= 3000 and <3999 km per month. 7 points if >= 2000 and <2999 km per month.

NOTE:

1. If the relevant documents supporting the claims along with checklist for above are not submitted along with the Tender, it will be presumed that tenderer does not qualify the concerned criteria and marking will be done accordingly.

2. The total marks received by a bidder under each head above shall be added up to determine total marks for that bidder.

3. The minimum qualifying marks in the technical evaluation bid of any bidder shall be 60 out of maximum 100. The price bid shall be opened only for the bidders who qualify Technical Bid.

4After opening of the price bid 100 points shall be given to Lowest offer and all other offers shall be given lower points based on percentage higher than the lowest price.

5. To finally arrive at the decision of L1, L2 etc. the points of Technical Bid and Price Bid shall be added in weightage of 60:40.

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ANNEXURE- L

CHECKLIST TO TECHNICAL BID (PACKET-I)

Name of work: Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways.

CHECK LIST OF ITEMS TO BE COMPLIED BY THE TENDERERS

S.No. Description of Item Reference Document

Compliance

Remarks

(Page No. in the

Document submitted by tenderer.)

1. Have the two bids (i.e. Technical Bid & Financial Bid) been sealed, as mentioned in Submission of Bids Para

13.10 to 13.14 of Instructions to Tenderer (Part-I of Tender Documents) in separate envelopes and put these separately sealed envelopes in one large outer envelope.

Para 13.10 to

Para 13.14

Yes / No

2. Have the Tender Form Covering Letter been submitted and Original / Downloaded Tender document including Tender Forms duly signed and stamped on each page?

Form – 1 with

Annexures

Yes / No

3.

Tenderer should submit Certificate of Undertaking as per Form 2 along with the offer.

Form - 2 Yes / No

4. Have the details of the Tenderer and his Collaborator (s) has been attached.

Form - 3 Yes / No

5. Have the bank details for electronic money transfer has been enclosed?

Form – 4 Yes / No

6. Have a declaration that the tenderer accepts all the terms and conditions of RDSO Tender Documents been enclosed?

In case of deviations, have you furnished ~ Statement of Deviations?

Annexure A

& Annexure B

Yes / No

7. Have the Format for Details of previous work/services regarding meeting technical eligibility criteria been furnished for Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways. This Form should be accompanied with certificate.

Annexure C Yes / No

8. The documents required for ascertaining Financial Credentials as specified in Minimum Eligibility Criteria shall also be enclosed in the offer. Have the Annual / Audit reports (along with details of year wise turnover / balance sheet) certified by registered Chartered Accountant been furnished for the last three Financial Years?

Annexure D Yes / No

9. Have the certified copy of MoU (JV agreement) been furnished? (In case of offer is from JV firm)

Annexure E Yes / No

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10. Have the Index as described in Instruction to tenderer been provided at the beginning of the Bid Document Booklet with all the relevant details.

Clause 13.4 Instruction to tenderers.

Yes/ no

12. Have the Power of Attorney for signing of Application and Lead Member of JV been enclosed? Annexure G

& Annexure H

Yes / No

13. Have the proof of deposition of requisite Earnest Money (EMD)and cost of tender document been submitted along with

the Technical Bid document’s envelope (Packet-I)? Note: In case proof of deposition of EMD and cost of tender document are not accompanied in the Technical Bid envelope (Packet-I), the offer will be summarily rejected.

Para 4 and 10.0 of Part-1

Yes / No

14. Has the undertaking regarding blacklisting / non – Debarment been submitted.

AnnexureI Yes / No

15. Have the technical bid sheet dully filled has been attached? Form-5 Yes / No

16. Have you read the pre-bid meeting minutes uploaded on RDSO’s website?

Pre-bid Minutes

Yes / No

14.

Is the cost break-up of the rates quoted by the tenderer clearly indicating component of statutory taxes as described in para 19.2 and form 6 of tender schedule been attached on a separate sheet? If the cost break-up including the portion of statutory taxes is not submitted as required, any future claims due to increase of taxes shall not be entertained.

Para 19.2 of instruction

to tenderer. Form-6

Yes/No

NOTE: Details for any item not mentioned above shall be treated as “not-submitted” by the Tenderer and case will be decided accordingly. ( Fresh Document submitted subsequent to the tender opening date will not be entertained.)

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FORM – 2

CERTIFICATE OF UNDERTAKING

(To be given by tenderers, downloaded tender documents from RDSO website)

Tenderer will give a certificate as under:

Cost of tender documents has been paid as required in tender notice.

“I/We certify that I/We have checked this downloaded bid documents along with the application form with the bid documents available on line at www.rdso.indianrailways.gov.in and there is no discrepancy / variation / printing mistake and it is further certified that no alteration / modification has been made in the bid documents and the application form. I/We accept the entire responsibility of ensuring that this application form along with other documents is as per original documents available on web site is mine/ ours. I/We also agree that if any things contrary is found, the decision of RDSO / Administration will be final and binding on me / us.”

Signature of Tenderer with Seal

Name in Block Capitals ---------------------------------------------------

Address ………………………………………….

Phone Nos ---------------------------------------------------------

Fax Nos ----------------------------------------------------------------------


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FORM – 3

DETAILS OF THE TENDERER AND HIS COLLABORATOR(S)

( AS APPLICABLE)

Sr. No. Details Tenderer Collaborator No.1

(as applicable) Collaborator

No.2

(as applicable)

1 Full name

2. Address of Registered Head Office

3. Address of Branch office in

India, if any

4. Address on which correspondence regarding this tender should be made:

a) Postal Address

b) Telephone No. (including country code)

c) Fax No.

d) E-mail address

5. Details of Work to be done

along with supporting details.

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FORM – 4

MANDATE FORM FOR RTGS / NEFT ELECTRONIC FUND TRANSFER

S.No. Details Description Remarks

1 Company Name

2. Company Address

3. Company Work Address

4. Company Office Address

5. Company Phone Nos. (Works & Office)

6. Company Fax Nos. (Works & Office)

7. Company Email ID

8. Bank Name

9. Bank Branch & Code

10. Bank Address with City

11. Bank Telephone Nos.

12. Bank MICR Code (9 Digit)

13. Bank (RTGS / NEFT) IFSC Code

14. Bank Account No.

Please enclose a cancelled

bank cheque.

15. Account Type

16. PAN No.

17. GSTIN No.

Attach copy of Registration.

Declaration: We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not affected at all for reasons of incomplete and incorrect information, the user institution i.e. RDSO, will not be held responsible. I have understood the scheme and agree to discharge the responsibility for which I am liable as a participant under the scheme.

Date: .............................

Signature of Firm / Person / Part

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FORM-5

To, The President of India,

Acting through the Executive Director, Track Machines and Monitoring, Research Designs and Standards Organisation (RDSO),

Manak Nagar, Lucknow - 226 011 (U.P.), India

Technical Bid Sheet

The following criteria shall be applied for evaluation of Bid technical bids of the Bidder(s). A minimum of 36

marks is essential for opening of price bid.

S.No. Technical Criteria Documentation Scoring

1.

Previous work done: The bidder has to submit documents related to similar work done during last three Financial years and including current financial year.

Works need to be successfully completed and there should be no penalties/ charges deducted from the bidder for his poor performance.

Works of GPR survey done for analysis of ballast related issues addressing to the issues of ballast fouling and formation problems shall only be considered. Works where the speed of GPR survey is below 80 kmph shall not be considered.

Works of GPR Survey done for other than railway track open for traffic shall not be considered. (GPR Survey done for railway construction projects shall also be not considered).

Certificates form clients, Rail Road companies, National Railways etc. must be submitted along with the Tender for evaluation purpose along with following details.

a) Name of work/Agreement.

b) Kilometers of GPR Survey done under the Work/agreement related to Ballast Fouling. This should also include the speed at which the work of GPR Survey and Data collection has been done.

c) Kilometers of GPR Survey done under the Work/agreement related to Formation related issues.

d) The certificate must clearly mention dates of start of work and completion of work, whether the performance have been satisfactory or not and whether any penalties etc. have been levied on the agency for any shortfall or not, and the speed at which the work of collecting of GPR data has been done.

NO of kms of GPR Survey done in,

1. Current financial year –

2. Financial year 2017-2018-

3. Financial year 2016-17-v


No points shall be done for the offers where total work done for collection of GPR Data for ballast fouling issues is less than 5000 kms.

Details of reference documents with page nos submitted along with the bid in support of claims made above.

Page nos

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2.

Speed at which the system is able to do GPR Survey.


The system must be able to conduct GPR Survey with required accuracy at lower speeds also.

The bidder must submit certificates from the original equipment manufacturer, Clients, Rail Road companies, National Railways etc. in support of the Maximum speed at which the system can conduct Data Collection for the work of GPR Survey.

Maximum Speed at which the system is capable to conduct GPR Surveywith90 % accuracy.

------------------km/h

Bidders who don’t previous experience of conducting GPR Survey with 90% accuracy at speeds 80 kmph and above shall not be considered eligible for the tender. Bidders who are not able to produce certificates in this regard shall also be not considered.


Page nos

3 Speed at which the work of data Collection for GPR Survey has been actually done by the service provider.


Certificates from clients, Rail Road companies, National Railways etc stating the speed at which the Work of data collection has been done by the Bidder in last 5 financial years including current financial year.

The work with maximum speed shall be considered.

The Certificate must mention Speed and % accuracy. Speeds at which accuracy is below 90% shall not be considered.

Maximum Speed at which the work of data collection has been done for GPR Surveywith90 % accuracy.

------------------km/h

Bidders who don’t previous experience of conducting GPR Survey with 90% accuracy at speeds 80 kmph and above shall not be considered eligible for the tender. Bidders who are not able to produce certificates in this regard shall also be not considered.


Page nos

4 Turnover (in last three and current Financial year).

(Less than 1.5 times the value of work is not eligible).

For JVs turnover of all the members of

As per audited balance Sheet certified by the C.A. For foreign firms and JVs the combined balance sheet of the Foreign firm or the JV must be certified by the C.A.

Actual Turn Over

1. Current financial year –


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JV shall be considered as per rule.


4. Financial year 2015-16- The firms/ JVs having Turn Over less than 1.5 times the advertised value of work in last three and current Financial year shall not be considered.


Page nos

5.

Number of years in operations in the field of GPR Survey of Track Ballast.

(Firms/ JVs having firms whose technical partners are having less than 1 year of experience are not eligible)

The firms have to submit certificates in this regard from the clients/ rail road companies to establish the duration in years for which they are working in field of GPR Survey or Railway track.

No of years in operation …………..years. Firms not older than 3 years in the field of GPR Survey of railway track shall not be considered.


Page nos

6 Presence in different Countries Firm’s having more presence worldwide in current financial year and last three financial years in the field of GPR Survey of track Beds shall be given more points.

Certificates of completed works, ongoing works from the clients in current financial year and last three financial years

No of countries where worked in in current financial year and last three financial years. …………………….


Page nos

7 Data turnaround time It is critical that the data collected each month (48,450km in approx 14 i.e. 3,500 km/month) can be processed with a month’s arrears

Ability to process data and deliver outcomes in required timeframe. Provide evidence from client/customer that this has been achieved at least for 6 times in a period of last 3 financial years and current financial year.

……………………………kms per month, for 6 times in a period of last 3 financial years and current financial year.


Page nos

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NOTE:

1. If the relevant documents supporting the claims for above are not submitted along with the Tender, it will be presumed that renderer does not qualify the concerned criteria and marking will be done accordingly. The documents must be submitted in English or must be supported by an authentic English translation.

2. The relevant information in the submitted documents must be properly highlighted and linked with claims made in above table. Page nos of relevant pages, containing the claimed information as per above table must be mentioned in the space provided for the same in the table.If any relevant information in support of the claims is not highlighted and linked with the claims made in above table, there may be a chance of it getting overlooked during evaluation and not being

considered in deciding the Eligibility of the bidder, in such case the bidder shall have no further claims.

3. The total marks received by a bidder under each head above shall be added up to determine total marks for that bidder.

4. The minimum qualifying marks in the technical evaluation bid of any bidder shall be 60 out of maximum 100. The price bid shall be opened only for the bidders who qualify Technical Bid.

5. After opening of the price bid 100 points shall be given to Lowest offer and all other offers shall be given lower points based on percentage higher than the lowest price.

6. To finally arrive at the decision of L1, L2 etc. the points of Technical Bid and Price Bid shall be added in weightage of 60:40.

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FORM – 6

SCHEDULE OF RATES

To,


Acting through the Executive Director, Track Machines and Monitoring,Research Designs and Standards Organisation (RDSO), Manak Nagar, Lucknow - 226 011 (U.P.), India

NAME OF THE WORK/SERVICE: “Monitoring health of ballast bed with the help of ground penetration radar technology for through ballast renewal (TBR) and formation rehabilitation on Indian Railways”.

S.No. Item

code

Description Unit Qty. Rates quoted Total value**

in Indian

Rupees Foreign component

with currency (if any)

Indian component (if

any)

Nos Words Nos Words

1. A-1 System Hiring

Cost.

Months 14

2. A-2 Installation

commissioning

and testing.

Once 01

3. A-3 BFI

Calibration

and Validation

as per IR

conditions.

Once 01

4. A-4 Data Storage

and

management.

Months 14

5. A-5 Data

processing and

reporting of

Ballast Bed.

Kms 48450

6. A-6 Data

processing and

reporting for

formation and

ballast pockets.

Kms 2400

7. A-7 Training of 2

nos IR/RDSO

personnel for

minimum 1

week on

similar system

(abroad) and 12

nos IR/RDSO

personnel for

minimum 2

weeks in India.

Once 01

** Total value may be quoted In Indian Rupees based on the exchange rates on the date of filling of bid.

** Cost break up of all the items must be given on a separate page clearly indicating component of taxes as

described in para 19.2 of Instructions to Tenderer.If the cost break-up including the portion of statutory taxes is not

submitted as required, any future claims due to increase of taxes shall not be entertained.

SPECIAL CONDITIONS OF THE SCHEDULE E-1, System and installation, commissioning and testing.

1. The system shall be as per details mentioned in the Part IV of this tender document. The system is to be mounted on the underframe of the Track recording car. The mounting arrangements shall also be asper the functional requirements as described in Part IV. (A detailed drawing of Track Recording car is attached.)

2. The successful bidder/service provider shall submit detailed drawing of fixing arrangemenst of the system on the underfarme of the TRC to ED/TM/RDSO within 30 days of issue of Letter Of Acceptence (LOA).The details submitted must be supplemented with necessary self explanaotry calculations to ensure safety during train operation.(the factor of safety to be considered shall not be less than 2). The Service provider may physically inspect the Track Recording Car at RDSO or at any suitable location for this purpose, he must contact RDSO authorities as described in reference to the pre-bid meeting details, no extra payment shall be made to the Service Provider for this visit. The fixing arrangements shall be approved by RDSO within 30 days of submission of fixing arrangments.

3. The system shall be made ready along with all the fixing arramgements and fixing of the ssytem done on the TRC within 30 days of approval of fixing arrangement by RDSO or 90 days of issue of LOA whichever is later. The fixing is to be done as per approved fixing arrangement under supervision of RDSO officials at RDSO or anyother facility of IR. All the necessary arrangements for the fixing of the system to the TRC has to be arranged by the Service provider.

4. The system after installation shall be commissioned by the service provider in a pre-approved time bound manner, and tested for flawless working by conducting repeatability test and reproducabilitytest over pre-decided stretch of IR Track. The accuracy of repeatability shall not be less than 85% and for reproducability the accuracy shall not be less than 80%. Repeatability and Reproducability here have same meaning as in EN codes.

5. Once the repeatibility is as per E-1 (4) above, the system will be considered as commissioned. This commissioning must be completed within 120 days of issue of LOA. The service provider must also mention along with the details of installation and commissioning no of technicians/staff of the frim which are required to be present on the TRC during commissioning and during actual work of GPR Survey. (In any case the total no of technicians/staff of the service provider shall not be more than 3).

E-2, Ballast Fouling Index,

1. The service provider shall propose within 45 days of issueof LOA a formula for Ballast Fouling Index for Indian Railways(Ballast specifications of IR are attached), along with justfication for the suggestion which shall be evaluated by Geotech Directirate of RDSO. Any modifications deemed necessary shall be discussed with the Geotech Dte. of RDSO and a final formula must be drawn for this work within 90 days of issue of LOA.

2. For calibration and validation of the BFI formula a detailed methodology of collection of field samples and testing of the field samples must also be submitted along with BFI formula recommendations. These details must specifically include samping methods, testing method, equipments and tools required for testing and sample collection.

3. The Ballast fouling agreed upon shall be validated after the initial calibration of the system in 3000-4000 kms of run of GPR Survey over IR. (After the completion of installation and commissioning activity)

4. The Survey report of validation test shall be verified by field samples as per procedures detailed by the service provider and agreed upon by RDSO in para E-2 (2) above and if required any modification shall be made in the BFI formula.

5. The final BFI formula and report shall be accepted by the Geotech Directorate of RDSO. 6. After the final acceptance of the BFI formula by the Geotech dte, of RDSO as described in E-2 (5)

above the item of BFI Calibration and validation shall be considered as complete. 7. The Activty of BFI calibration and validation must be completed within 60 days of completion of

installation and commisioning activity as described in E-1 above. E-3, Reports,

1. Sample of formats for reports pertaining to issues of Ballast Fouling, clean ballast depth etc. shall be submitted by the Service Provider to RDSO as per conditions mentioned in Part IV of this Tender documnet, these sample formats shall be prepared with the details as required in Part IV. These formats shall be approved by Geotech Directorate of RDSO with/without any modifications.

2. Sample formats for reports pertaining to issues of Formation like Ballast Pockets, wet beds, Formation Undulations etc. shall be submitted by the Service Provider to RDSO within 90 days of issue of LOA. The reports of formation etc. shall include detailed sectional view of formation to depict the extent of problem in all the 3 axis. These will also be approved by Geotech Directorate of RDSO with/without any modifications. The servcie provider shall also submit with the formats as described above, a detailed Test Scheme to check the accuracy of the reports submitted, which shall also be approved by the Geotech Dte. Of RDSO. Details mentioned in para 4.0 and 7.0 of Part-IV, Functional Specifications & Technical Requirement must be complied and taken note off.

E-4, Data Storage and Management, 1. Data of GPR Survey shall be stored in a cloud service for at least 1 year after the finalisation of

contract and IR shall have exclusive rights for the use of the data. 2. The Service provider shall provide a web-based software interface with support to enable RDSO to

access the Data in the format of reports as described in E-3 above whenever required by RDSO/IRduring the course of Agreement and within the period of 1 year after the completion of agreement.

3. A provision must be made in the software that after the completion of 01 year after the end of the contract all the reports are downloaded in Hard Drives and could be accessed by the softtware (off line versionof the software) in the fromats described in E-3.

4. The maintenance period for this work shall shall be considered as 01 year after the completon of the contract or the time when all the reports are downloaded on hard drives and are accessible completely by the offline version of the software.

E-5, Training. 1. Training to be provided on a similar system wherever working (abroad) must cover following aspects

in addition to the details mentioned in Part-IV. a. Detailed procedure of calibration and validation and development of BFI. b. Hands on experience of System Working with report Generations. c. Software interface to ensure that the system is working as per the requirement. d. Validation of reports from the samples collected in field and conducting tests like sieve analysis

etc. to ensure degree of reliability/accuracy. 2. The training to be provided in India to RDSO/IR officials must cover all the above aspects of the

system being used on IR. The details of collection of sampels for calibrations and validation and testing of reports with the tools and plants to be used for payment must be covered in detail.

• It is expected that training shall comprise of class-room and field modules.

• Training must be given by only experienced professionals working with the firm. A written document (hard copy and/or pdf ) covering all aspects of the technology and other important aspects as described previously must be given to the trainees.

• For the training of 2 nos RDSO officials abroad, the travelling,hotel accomodation and other such expenses shall be borne by IR and no extra payment shall be made to the Service provider, however any field visit and local conveyance for the purpose of training is to be arranged by the service provider.

• For the part of training in India as described in E-5(2) above no extra payments shall be made to the servce provider over the rates mentioned in Tender schedule agaisnt item no 8.

• Place/ rooms / related facilities for training in India shall be provided by RDSO at no cost.

E-6, Payment of Recurring activities,

1. Payment of recurring activities 1,4&5 shall be processed as below: a. 50% of payment to be done after completion of survey of current month on submission of

report to RDSO, TMM directorate. The report should be submitted within 45 days of end of proceeding month.

b. Balance 50% of payment to be done after Test Checks of reports of the GPR survey done in that month by Geotech Directorate. The test checks should be completed within 2 months after receipt of report.

However, If there is any delay in submission of reports beyond 45 days as described in para E-6(1)(a) above, there shall be a deduction of payment to the extent of 2% per week of the payment due. Note: For item 01& 04 (system Hiring Cost and Data Management cost) shall be paid only afterstart of actual work, i.e. after the completion of activities mentioned in E-1 nd E-2 and start of work of GPR Survey on IR Track with submission of reports. TRC generally is on a track recording program for around 22-25 days in a month, the system must be fully functional for this duration and any maintenance activity must be performed only when the TRC is stabled. The system hiringcost (A-1) shall be paid in full if the system is working satisfactorily for the duration of Track recording program. If the system is not working for a given period of the said duration a dedcution in payment of System hiring charges shall be made on pro-rata basis. (This includes the case where the system is in working condition and work is not being done on railway account.)

2. 10-15 samples to be collected from any one block section/ adjoining block sections from the

stretch of track covered in the month by GPR survey (in presence of nominated official of RDSO and Zonal Railways). Same method to be used for collection of samples as used in calibration/validation as described in E-2 and E-4 above. The infrastructure to be used in collection of samples like tools, plants, equipment etc. are to be provided by the service provider along with necessary manpower required for the collection of the samples. A stretch of 40m having fairly uniform values of BFI and Clean ballast depth shall be selected from report. The average of the value of BFI and Clean ballast depth (as mentioned in the report) of this stretch shall be compared with the values obtained from field tests and lab tests conducted on the sample collected from the centre point of the selected 40m stretch.

3. The collected samples shall be checked for clean ballast depth, total ballast depth and extent of

ballast fouling (sieve analysis) in presence of RDSO and Zonal Railways officials in field itself to

the extent possible. If any test is required to be done in labs it must be done in any of the govt. approved lab, no extra payment shall be made to the Service provider for these tests.

• GPR Survey reports submitted for above stretch to be cross checked from results of tests

done on field samples collected. • If the average accuracy of ballast fouling and clean ballast depth mentioned in report when

compared with filed data samples is equal to or more than 80%, remaining payment shall be released.Thus making total payment to be 100%.

• If the average accuracy of ballast fouling and clean ballast depth mentioned in report when compared with field data sample is equal to or more than 75% but less than 80%, remaining payment for the work done in corresponding month shall be done @ 90% of the rate and rest 10% shall be forfeited.

• If the average accuracy of ballast fouling and clean ballast depth mentioned in report when compared with field data sample is equal to or more than 70% but less than 75%, remaining payment for the work done in corresponding month shall be done @ 80% of the rate and rest 20% shall be forfeited.

• If the average accuracy is below 70% then whole month’s survey and analysis along with submission of reports is to be repeated. The 50% payment already done shall be further deducted from the Bills in hand/security deposit. Payments for repeat work shall be done as per fresh work.

• If the average accuracy of ballast fouling and clean ballast depth mentioned in report when compared with filed data sample is below 70% consecutively for more than 3 reporting months, the calibration and validation shall be done again and no extra payment shall be made to the service provider.

• All the subsequent activities of GPR Survey shall be suspended till the Calibration and Validation completed.

• If the average accuracy of parameters as described above is below 70% even after recalibration, the contract shall be terminated.

4. For activity no 6, the service provider shall be informed about the stretches where the Survey and reporting of Formation related issues are to be done. The serivce provider shall submit a detailed report for Formation related issues as described in Part IV as per approved formats E 3 (2). These Reports must be submitted within 60 days of intimation to the Service Provider about the stretches of IR Track where these tests are to be carried out or after 60 days of the GPR Survey of these stretches, whichever is later. If there is any delay in submission of reports beyond thesaid period, there shall be a dedcution of 2% per week of the payment due for this activity. The reports submitted for this activity shall be checked by Geotech Dte. of RDSO as in E-3 (2) or as below. Test check may be done at 4-5 locations in any block section/adjoining block section by excavation/boring or other appropriate method, for the stretch of track covered in the month (assumed around 200-250 km per month) by GPR survey, in presence of nominated official of RDSO and Zonal Railways. (Same methodology is to be used for test check as used/decided during calibration and validation of formation related issues.) The infrastructure to be used for necessary checks to be carried out like tools, plants, equipment etc. are to be provided by the service provider along with necessary manpower. Payment shall be made after acceptance of these reports by the Geotech Dte. of RDSO Payment of Item 1.) System hiring cost shall not be paid during the period when GPR Survey is not done due to weather conditions. Further required extension of time shall be awarded for the completion of the work on the grounds of unworkable weather condition, if required. The payments for the extended period shall be done only as per conditions of the contract.

E-7, Payment of One Time Activities, Payment of one time Activities 2,3 and 8 shall be done after successful completion of the activity. The criteria for successful completion of the activities shall be as below. a. Activity 2- 50 % ofthe payment of the activity shall be done after successful installation and

commissioning of the system as described in E-1 above. The remaining 50 % of payment of this activity shall be done with the first complete payment of Recurring activities. However, If there is any delay in commissioning of the system on account of the service provider beyond 120 days of issue of LOA or 60 days of approval of fixing arrangements by RDSO whichever is later, there shall be a deduction of payment to the extent of 5% per month of the payment due for this activity. If the need arises the installation and commissioning of the system may be required to be done again on account of railways (e.g. IOH and POH of the vehicle, etc. ) in such case the activity (A-2) shall be done again by the service provider and separate payment of such activity shall be done as per the provisions of IR GCC for services 2018. In all such instances dismounting of the system shall be a part of the whole process.

b. Activity 3-After completion of all the activities mentioned in E-2 and acceptance of Final reprot of the formula for Ballast Fouling Index by Geotech Directorate of RDSO.The item shall be considered as completed and 50 % payment shall be released. The remaining 50% pyment shall be done with the first complete payment of Recurring activities. However, If there is any delay on account of the service provider beyond 60 days after installation and commissioning , there shall be a deduction of payment to the extent of 5% per month of the payment due for this activity.

c. Activity 7- The service provider shall provide training as described in Part—IV and E-5 above. After completion of training in India 50% payment shall be done and ,the remaining 50% pyment shall be done with the first complete payment of Recurring activities. NOTE :Time line modification indicated in various clauses above due to reasons beyond control of service provider will require approval of accepting authority of the Tender.