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NORTHEAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)

Office of the Dy. Chief Engineer (Con) N.F. Railway, Dibrugarh

.Tender Notice No. Dy. CE/CON/BB/16/July/01

Tender No. Dy.CE/CON/BB/Welding/SB/06

Name of work:- Welding of rail joints (52Kg/60R) by Pre heat SKV welding technique with improved Pre heat technology including supply of all required materials and equipments (except petrol, K.Oil and labour) for the section Dhamalgaon station Ch.16.00Km to South Bank Dyke 21.00Km including ‘Y’ connection from Ch.24.80Km to 25.90Km in South Bank and from Ch.22.282Km to 28.3683Km in North bank of river Brahmaputra in connection with construction of Bogibeel Bridge Project.Approximate value of work :- Rs. 44,96,400/-Date of place and opening of tender :-21.09.2012 at 11.00 hours at Dy.CE/CON/DBRT’s office.

(Tenderer(s) should write their name and postal address themselves, in case they are using document downloaded from internet)(Details of Demand Draft/Railway’s Money Receipt towards cost of Tender document).DEMAND DRAFT/Railway’s Money Receipt No. DateIssued byAMOUNT IN Rs.

(Details of Demand Draft/Railway’s Money Receipt towards Earnest Money Deposioted).DEMAND DRAFT/Railway’s Money Receipt No. DateIssued byAMOUNT IN Rs.

Name and Contract Numbers of Key Personals:-1.___________________________________________________________________________________2._____________________________________________________________________________3.____________________________________________________________________________

Note:- i) Tender documents are not transferable. ii)Tender documents should be submitted without detaching any pages.

Signature of Tenderer(S) Dy.Chief Engineer/CON Contractor(s) N.F.Railway,Dibrugarh

Tender document

NORTHEAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)

(TENDER FORM FIRST SHEET) Tender No. Dy.CE/CON/BB/Welding/SB/06Name of work:- Welding of rail joints (52Kg/60R) by Pre heat SKV welding technique with improved Pre heat technology including supply of all required materials and equipments ( except petrol, K.Oil and labour) for the section Dhamalgaon station Ch.16.00Km to South Bank Dyke 21.00Km including ‘Y’ connection from Ch.24.80Km to 25.90Km in South Bank and from Ch.22.282Km to 28.3683Km in North bank of river Brahmaputra in connection with construction of Bogibeel Bridge Project.

1 Approximate Cost :- Rs. 44,96,400/-2 Earnest Money :- Rs. 89,950/-

3 Completion Period :- 6 (Six) months 4 Date of Availability of Tender Document :- 25.08.2012 to 18.09.2012 up to 11.00 hours. 5 Cost of Tender paper :- Rs. 3000/-6 Last Date/Time of Submission of Tender :- 18.09.2012 up to 14.30 hrs.

7 Place of tender documents & Received :- tenders.

In the Offices of the (a) General Manager/Con, N.F. Railway, Maligaon, Guwahati-11, (b) Dy. Chief Engineer/ Con/N.F.Railway/ Dibrugarh & (c) Dy. CE/Con/ Silapathar during office hours.

8 Date & place of opening of tender :- 21.09.2012 at 11.00 hrs. at Dy. Chief Engineer/ Con/ NF.Railway/ Dibrugarh’s office.

Note: - Details of the work and conditions may be seen in the tender document.Eligibility Criteria :-1.1 The Tenderer(s) should have completed at least one similar work of value of 35% of advertised Tender value of

work. Note : (i) Similar nature of works physically completed within the qualifying period, i.e. the last 3 financial years and current financial year (even though the work might have commenced before the qualifying period) should only be considered in evaluating the eligibility criteria. (ii) The total value of similar nature of work completed during the qualifying period, and not the payments received within qualifying period alone, should be considered.

(iii) In any case of composite works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. (iv) Similar nature of work means : Welding of Rail joints by pre heat SKV welding technique1.2 Total contract amount received during the last three years (i.e. current year and three previous financial years)

should be minimum of 150% of advertised tender value of work supported by (a) Authenticated payment record of N.F.Railway or any other Government Department or PSU’s etc. (b) Audited Financial Statement certified by Chartered Accountant.

Note-1. (a) Certificates from private individuals/firms for whom such works are executed/being executed shall not be considered.

(b) For this purpose only works in satisfactorily progress and where 50% contract value has already been paid, will be considered.

Signature of tenderer(s) Dy.Chief Engineer (Con) Contractor(s) N.F.Railway, Dibrugarh

Tender No. Dy.CE/CON/BB/Welding/SB/062. JOINT VENTURE will not be permitted in this tender.3. PARTNERSHIP FIRM : In case the Tenderer is a partnership firm, the work experience, solvency and turn over shall be in the name of the partnership firm only.

OTHER INFORMATIONS : 1. Tenderer(s) should also submit with tender documents (a) List of personal Organisation available on hand and proposed for the subject work. (b) List of plant & Machinery available on hand (own) and proposed to be inducted (own & hired to be given separately) for the subject work. (c) list of work completed in the last three financial years giving description of work, organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work, date of actual start, actual completion and final value of contract should also be given. (d) List of work on hand indicating description of work contract value, approximate value of balance work yet to be done and date of award.Note :- (i) incase of items © & (d) above , supportive documents/certificates from the organizations with whom they worked/are working should be enclosed. (ii) Certificates from private individuals for whom such works are executed/being executed will not be accepted.(iii) Tenderer(s) are advised to submit those documents, which clearly shown the fulfillment of eligibility criteria.2. Tenderer(s)/Contractor(s) are requested not to quote any condition. If any condition is quoted, its financial implication may also be given as same may be considered if not agreed by the Railway.3. All the documents being submitted by the Tenderer(s) )/Contractor(s) along with their offer shall have to be attested by the Gazetted Officer or self attested by the Tenderer. 4. Tenders not accompanied by requisite earnest money will be summarily rejected. The standing earnest money available with the Railway of registered contractor of ‘A’ class shall not be valid for the present tender.


Total No.of pages = NORTHEAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)

(TENDER FORM FIRST SHEET) Issued to …….. ………………………

Downloaded from website by ………………………….Tender No. Dy.CE/CON/BB/Welding/SB/06

Name of work:- Welding of rail joints (52Kg/60R) by Pre heat SKV welding technique with improved Pre heat technology including supply of all required materials and equipments (except petrol, K.Oil and labour) for the section Dhamalgaon station Ch.16.00Km to South Bank Dyke 21.00Km including ‘Y’ connection from Ch.24.80Km to 25.90Km in South Bank and from Ch.22.282Km to 28.3683Km in North bank of river Brahmaputra in connection with construction of Bogibeel Bridge Project.Approximate Value = Rs. 44,96,400/-

The President of India,Acting Through the DY. Chief Engineer(Con)Northeast Frontier Railway, ,Dibrugrah

1. 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 120 days from the date fixed for opening the same and in de fault thereof, I/We will be liable for forfeiture of my/our “Earnest Money”. I/We offer to do the work at the rates quoted in the attached Schedules and hereby bind myself/ourselves to complete the work in all respects within 6 (Six)) months, from the date of issue of letter of acceptance of the tender.2. I/We………………………………………………… also hereby agree to abide by the (i) N.F. Railway General Conditions of Contracts and Standard Special Conditions of Contracts,1998 (ii) N.F. Railway Specifications (For Materials & Works), 1993, (iii) Special Conditions and Specifications attached with the tender (iv) Schedule of Rates attached with the tender & (v) Schedule of Rates (for Labour and Materials) of Northeast Frontier Railway, 1993 edition corrected up-to-date.3. A sum of Rs. 89,950/- is hereby forwarded as earnest money. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies, if ;

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

(b) I/We do not commence the work within ten days after receipt of the orders to this effect. c) I/We withdraw or modify my/our offer within the validity date of the tender.4. Once the acceptance of the tender is communicated to us a legal and enforceable contract comes in to being. If in accordance with the letter of the acceptance I/We fail to commence work within the period stipulated in the acceptance letter and fail to execute the formal agreement, I/We shall be liable for breach of the contract and the consequences of breach of any of the conditions of the contract shall entitle Railway Administration to have work/job executed at my/our risk and cost and to claim extra cost /expenditure sustained by the Railway Administration.

Signature of Witnesses. 1. Address

2. Address



-1-NORTHEAST FRONTIER RAILWAY

(CONSTRUCTION) (TENDER FORM SECOND SHEET)

Regulations for the Guidance of Tenderers The following documents shall form part of the contract :-

1. (a) Tender form (FIRST AND SECOND SHEET ) (b) N.F.Railway General Conditions of Contract and Standard Special Conditions of Contract,

1998(ii) Indian Railway Unified Standard Specifications Volume I & II , 2010 edition and (c) USSOR Schedule of Rates (for Labour and Materials) of Northeast Frontier Railway,

2010 edition corrected up-to-date. (d) Additional Special Conditions Contract.

(e) Special Conditions and Special Specifications for the work. (f) Schedule of items and Approximate Quantities and Abstruct of Schedule of items of works and

estimated cost. (g) Agreement forms. (h) Drawings. (i) Indian Railway Engg. Code 1999 latest Revised Edition.

2. Instructions to tenderer(s) A. Each and every pages of the tender documents (purchased/downloaded) are to be signed by the tenderer/s under seal of the participating firm/tenderer before submission. If the tenderer/s is/are a partnership/JV firm, it shall be signed by the authorized partner fo the firm only.(i)Incomplete tenders are liable to be rejected without further correspondence.(ii)In case of two packet system of tendering, Earnest Money shall be deposited by the tenderer/s alongwith Part-I (Technical bid) document only. Tender not accompanied by the requisite Earnest Money shall be summarily rejected.(iii)Tenderer/s has to go through the “Guideline & conditions” of JOINT VENTURE, included ion Tender document carefully, Non-compliance of any conditions mentioned in the guideline of JV is liable to result in the tender being rejected.

B. (i) The drawings for the works can be seen in the office of the Dy.Chief Engineer /Construction/Northeast Frontier Railway Dibrugrah at any time during office hours. (ii) General Conditions of Contract, Standard Special Conditions of Contract, 1998 and (ii) Standard Specifications 1993 edition and iii) USSOR Schedule of Rates (for labour and materials) of the Northeast Frontier Railway 2010 edition up to date, can be seen in the office of the Chief Engineer/Con./N.F.Railway or can be had on payment if available. (iv) The Tenderer(s)/Contractor(s) have to quote rates in figures and words/percentage above/below/at par rate only in the schedule. The quantities in schedule of items of work are given in Annexure I to V as a guide and are approximate only and are subject to variation according to the need during execution of the work. The Railway accepts no responsibility for the accuracy. The Railway does not guarantee work under the items of the schedule.


-2-Tender No. Dy.CE/CON/BB/Welding/SB/06 (v)The Schedule of quantities is issued in duplicate with the object of avoiding addition, alteration, overwriting and crossings etc. and to ensure submission of a fair copy, which should bear no such blemish. Only one copy of the Tender Schedule is to be submitted by the Tenderer(s). (vi) All documents and entries in the tender shall be either type written or in ink and in English. Tender containing erasures, additions and alterations to the tender documents are liable to be rejected. Any correction made by the Tenderer in his entries must be attested by him. If rates expressed in figures and words do not agree, then the lower of the two rates will be taken into consideration and binding on the contractor. (vii) Rates should be quoted inclusive of sales tax or any other local tax, royalty etc. unless specified to the contrary in the tender documents.C. Tenderers should observe the highest standard of ethics while submitting the Tender Document.

(a) Railways will disqualify tender(s), if they made misleading or false representation in the form, statements and attachments submitted, or indulges in fraudulent and corrupt practice.

(i) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the tendering process or in contract execution; and

(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence and evaluation process or the execution of a contract, and includes collusive practices among Tenderers (prior to or after Tender submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the client’s free and open competitions.

(b) Further Railways may declare a Tenderer ineligible, for any Railways contract if it at any time determines that the Tenderer has engaged in corrupt or fraudulent practices in completing for , or in executing, a borrowed financed contract in general; or defines, for the purpose of this provision, the terms set forth below as follows,

(i) Records of poor performance during the last 5 years, as on the date of submission of tender such as abandoning the work rescinding of contract for which the reasons are attributable to the non performance of the contractor.

(ii) Inordinate delays in completion, consistent history of litigation awarded against the tenderer/contractor or any of its constituents or financial failure due to bankruptcy, etc. if the contractor has worked on a Joint venture, the rescinding of contract of a Joint Venture on account of reasons other than non-performance, such as Most Experienced Partner (Lead Partner) of Joint Venture pulling out.

Or(iii) Been debarred (blacklisted) by any government agencies as on the date of application.


-3-Tender No. Dy.CE/CON/BB/Welding/SB/06 (c) DECLARATION TO BE GIVEN BY THE TENDERER(S)

I/We ____________________________________________________________________declare that(a) We have examined and have no reservations to the Tender documents including Addenda issued.(b) We offer to execute the Works in conformity with the Tender Documents.(c) If our tender is accepted, we commit to submit Security Deposit and Performance Guarantee in

accordance with the tender Document with in the time fixed.(d) If our tender is accepted, we commit to deploy minimum key personnel and equipments consistent with

the stipulation in the tender document.(e) If our tender is accepted, we commit to submit work method statements for all major activities and get

these approved from the engineer prior to commencing work on such activities. We also understand that the work shall be executed as per the approved method statements without any deviations.

(f) If our tender is accepted, we commit to establish Testing Laboratory at the site of work with minimum Testing equipments indicated in the Tender Document.

(g) I/we am/are not banned from doing business with Railways or any other Ministry/Department of the Govt. of India/State Govt. from participation in tenders/contract on the date of opening of bids either individual capacity or the JV firm or partnership firm in which we were/are members/partners.

(h) I/We am/are not sister concern/allied partners who were individuals or firms or partners of firms banned from doing business with Railways.

(i) I/We understand and agree that if I/We were found consideration of tender to be a firm/individual or sister/allied concern or any individual or firms or partner of firms banned by the Ministry of Railway or any other Ministry/Govt. Department from doing business and ban is still in force, Earnest money deposit remitted by me/us will be forfeited in full.

(j) I/We understand that if I/We were found during the course of execution of work to be an individual or firm or partner or firms banned by the Ministry of Railway or any other Ministry/Govt. Department from doing business and ban is still in force, my/our Security deposit and Performance Guarantee will be forfeited in full.

(k) I/We understand that if I/We were found to be individual or firm or partner or firm or sister/allied concern of any individuals or firm banned by the Ministry of Railway or any other Ministry/Govt. Department from doing business during the consideration of tender or doing the execution of work, I/We are liable to be banned from doing business for further periods to be specified by Railways.

(l) I/We are satisfying the eligibility conditions mentioned in the tender and I/We have enclosed attested copies of documents along with the tender in support of my/our claim of satisfying eligibility conditions. I/We under stand that I/We have to produce the original documents if so demanded by the Railways. I/We understand that if any of the documents were found to be bogus, my/our earnest money deposit (before finalization of tender) security deposit (after awarding work) will be forfeited in full and I/We are liable to be banned from doing business with Railways for any period to be specified by the Railways and also liable for legal proceedings against me/us.


-4-Tender No. Dy.CE/CON/BB/Welding/SB/06

(m) I/We have submitted full details of work on hand and progress thereon. I/We understand that if the information furnished by me/us were found to be false my/our tender is liable to be rejected and Earnest money deposit in full is liable to be forfeited. If it is found to be false at any stage, I/We are liable to be banned from doing business with Railways for any period to be specified by Railways and also liable for legal proceedings against me/us.

(n) We have not made any tempering or changes in the Bidding Documents on which the Bid is being submitted and if any tempering or changes are detected at any stage, we understand that the Bid will summarily rejected and forfeiture of Bid Security/ the contract will be liable to be terminated along with forfeiture of full amount of performance security, even if LOA has been issued , and

(o) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.

(p) I/We are not sister concerns/allied partners of firm’s, who have been found guilty in any criminal case in the past.

Name ……………………………………………………………………………………………………………………………In the capacity of ………………………………………………………………………………………………………

Signed ……………………………………………………………………………………………………………………………..Duly authorized to sign the Bid for and on behalf of ………………………………………………………………………….Date………………………………………..SIGNATURE & ADDRESS OF WITNESSES TO THE SIGNATURE OF THE TENDERER(S)

WITNESSES:

1. Name SignatureAddress Date

2. Name SignatureAddress Date


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SIGNING OF TENDERS :

3. The tenderer/Contractor shall sign each and every page of the Tender document.3.1 Any individual/s signing the Tender or other documents connected therewith should

specify whether he is signing : i) As Sole Proprietor of the concern or his Attorney,ii) As a Partner or Partners of the Firm,iii) For the Firm per procuration, or

iv) As a Director, Manager or Secretary in the case of Limited Company.

3.2 In the case of firms not registered under the Indian Partnership Act all the partners, or the attorney duly authorised by all of them should sign the tender and all other connected documents. The original document empowering the individual or individuals to sign, the original partnership deed with registration certificates, if any, in case the tenderer is a firm and the Memorandum and Articles of Association in case the tenderer is a Company should be furnished to the purchaser for verification if required.

4. EARNEST MONEY4.1 The tenderer is required to deposit Rs. 89,950/- as earnest money for the performance of the tender who will keep the offer open for a period of 120 days from the date fixed for opening of tender, it being clearly understood that the tenderer after submitting his tender will not resile from his offer or modify the rates, items and conditions thereof, failing which the aforesaid amount shall be liable to be forfeited by the Railway.

4.2 The earnest money should be in cash or in the form of Deposit Receipts, Pay Orders or Demand Drafts executed by State Bank of India or of any Nationalised Banks or of any Scheduled Bank approved by the Reserve Bank of India for the purpose.

4.3 The earnest money, when deposited in cash, should be remitted to the Chief Cashier/CON/N.F. Railway, Maligaon, Guwahati-11 and the receipt obtained there from should be enclosed with the tender as proof of the deposit of the requisite earnest money.Deposit receipts or Pay orders or Demand draft from the State Bank of India or from any Nationalised Banks or of any Scheduled Bank approved by the Reserve Bank of India should be drawn in favour of Financial Adviser & Chief Accounts Officer/CON/N.F. Railway /Maligaon, Guwahati and endorsed “Account payee” and valid at least upto the validity of tender offer. No conformation advice from the Reserve Bank of India is necessary.


-6-Tender No. Dy.CE/CON/BB/Welding/SB/064.4 A tender not accompanied with requisite earnest money will be summarily rejected.4.5 Earnest money shall not be acceptable in the shape of Bank Guarantee Bond.

a) If any of these instruments are found to beve been drawn in favour of /payable to the tenderer, they would be invalid and the tender submitted would be summarily rejected.b) The name of the tenderer(party), on whose account the DD has been issued, is to be mentioned by the Banker, at an appropriate place on the instrument itself.c) Government securities (Stock Certificates, Bearer Bonds, and Promissory Notes etc.) and Guarantee Bonds executed by Banks will not be accepted towards Earnest money.

4.6 In the event of tenderers defaulting in not adhering to the conditions laid down in para 9.1 the Railway Administration shall be entitled to forfeit the full amount of earnest money deposited along the tender without prejudice to any other remedy available to the Railway.

4.7 No interest will be paid on earnest money. The earnest money will be refunded to the unsuccessful tenderer(s) within a reasonable period of time. The earnest money deposited by the successful tender(s) will be retained towards the security deposit for the due and faithful fulfillment of the contract byt shall be forfeited if the contractor fails to execute the agreement or start the work within time schedule vide clause 3(a), 3(b) & 3(c) of Tender Form (First sheet) or a reasonable time determined by the Engineer after notification of the acceptance of his/their tender.

4.8 Railway shall be entitled to forfeit the earnest money specified for a particular work if the tenderer(s) fails/fail to execute the agreement or start the work within time as per clause 4.7.

5. CREDENTIALS5.1 The tenderer(s) is/are required to produce PAN Number and Income Tax Return of current year issued by Income Tax Department along with his/their tender. 5.2 The tenderer, is required to submit along with his tender, authenticated documents and certified details in support of their credentials and proof of their capacity to be able to undertake this work as per Annexure – I & II duly signed by the tenderer(s) himself/themselves. It may please be understood that in the event of furnishing incomplete information or no information at all, Railway reserve the right to reject the offer outright, without making any reference to the tenderer.6. Tender must be enclosed in sealed cover super-scribed with Tender No. and must be sent by Regd. post/Speed post to the address of Dy. Chief Engineer (Construction), N.F. Railway, Dibrugrah-786001 so as to reach his office not later than 14.30 hrs. on 18.09.2012 or can be deposited in the Special Boxes allotted for the purpose in the offices mentioned in the TENDER NOTICE NO. Dy. CE/CON/BB/16/July/01. The boxes will be sealed at 14.30 hrs. of 18.09.2012. The tender will be opened on 21.09.2012 at 11.00 hrs. at Dy.Chief Engineer (construction)/N.F. Rly, Dibrugrah`s Office. The tenders which are received after the sealing of the tender box are liable to be rejected.7. Non-compliance with any conditions mentioned above is liable to result in the tender being rejected.


-7-Tender No. Dy.CE/CON/BB/Welding/SB/068. Acceptance of Tender

(a) The authority for the acceptance of the tender will rest with GM/CON/N.F. Railway/Maligaon, CE/CON/ Maligaon, Dy.CE/CON/Maligaon, Dy.CE/CON/Dibrugrah on behalf of President of India who does not bind himself to accept the lowest or any other tender nor does he undertake to assign reasons for declining to consider any particular tender or tenders. No tenderer/tenderers shall demand any explanation on the cause of rejection of his/their tender. No correspondence will be entertained with the tenderer/tenderers in respect of the reject on of any or all tenders. (b) Tender documents submitted by the tenderer(s) shall become the property of Railway and the Railway shall have no obligation to return the same.9. If the tenderer deliberately gives wrong information in his tender the Railway reserves the right to reject such tender at any stage.10. If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shall deem such tender as cancelled. If a partner of tendering firm expires after the submission of their tender or after acceptance of their tender the Railway shall deem such tender as cancelled unless the firm retains its character.

The accepting authority reserves the right to divide the tender amongst more than one tenderer, if deemed necessary, and also to reject any or all tenders received without assigning any reason and does not bind himself to accept the lowest or any other tender.11. Execution of Contract document : The tenderer whose tender is accepted shall be required to appear in the office of the Dy.CE/CON/Dibrugrah in person, or if a firm or corporation, a duly uthorized representative shall so appear , to execute the contract documents within seven days after notice to do so. Failure to comply shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies. In the event of any tenderer, whose tender is accepted refusing to execute the contract documents as therein before provided, the Railway may determine that such tenderer has abandoned the contract and thereupon his tender and the acceptance thereof shall be treated as cancelled & the Rly. Shall be entitled to forfeit the full amount of the earnest money and to recover the liquidated damages for such default.12 The tenderer shall keep the offer open for a minimum period of 120 days from the date of opening of the tender within which period the tenderer cannot withdraw his offer. This period may be extended further if so required by mutual agreement between the parties from time to time. Any contravention of this condition will make the tenderer liable for forfeiture of this security deposit.13. Should a tenderer be a retired Engineer of the Gazetted rank or any other Gazetted Officer working before his retirement whether in the executive or Administrative capacity or whether holding a pensionable post, or not in the Engineering Department of any of the Railway onward and/or administered by the President of India for the time being or should a tenderer being



partnership firm have as one of its partners a retired Engineer or a retired Gazetted Officer or should a tenderer being incorporated company have any such retired Engineer or retired officer as one of its directors, or should a tenderer have in his employment any retired Engineer or retired Gazetted officer as aforesaid, the full information 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 two years prior to the date of the submission of this tender as to whether permission for taking such contract or , if the contractor be a partnership firm or an incorporated company to be one a partner or Director as the case may be or to take employment under the contractor has been obtained by the tenderer from the Engineer or the officer authorised by him in this behalf, shall be clearly stated in writing at the time of submitting the tender. Tenderers 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.14. Should a tenderer or contractor have a relative employed in Gazetted capacity in any department of the N.F.Railway, or in the case of partnership firm or company incorporated under the company Law, should partner or a relative of the partner or a share holder or a relative of a share holder be employed in Gazetted capacity in any department of the N.F.Railway, the authority inviting tender shall be informed of the fact at the time of submission of tenders, failing which the tender may be rejected, or if such fact subsequently comes to light the contract may be rescinded in accordance with the provisions in Clause 62 of the General Conditions of Contract. A declaration form (proforma attached) to this effect should be signed and enclosed with the tender. (Annexure-A).15. The tenderer(s) shall clearly specify whether the tender is submitted on his behalf or on behalf of partnership concern. If the tender is submitted on behalf of partnership concern, he should submit the certified copy of partnership deed along with the tender and power of attorney to sign the tender documents on behalf of partnership concern. If these documents are not enclosed along with the tender documents, the tender will be treated as having been submitted by the person signing the tender in his individual capacity. 16. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advise the cost of which will be chargeable to the contractor.17. If the tenderer, whether a sole proprietor , limited company or a partnership firm wants to act through agents or individual partner/partners , should submit along with the tender or at a later stage a power of Attorney duly stamped and authenticated by a public notary or by a Magistrate in favour of the specific person/s whether he/they be partner/partners of the firm or any other persons, specially authorising him/them to submit the tender, sign the agreement, receive money , witness measurement, signs measurement book , compromise, delete relinquish any claim or claims preferred by firm and sign "No claim certificate" and refer all or disputed items to arbitration.



18. The Railway reserves the right to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.19. Negotiations with tenderer(s)

The Railway reserve the right to hold negotiations with lowest who should be lowest, valid, eligible and technically acceptable tenderer considered for award of contract directly if the rates were not unreasonably high.

In tenders, providing for “Purchase Preference” in favour of PSUs if the quoted rates of L-1 are considered high and negotiations are resorted to, such negotiations may be held with original L-1 as also the lowest PSUs whose original offer is not higher by more than 10% of the original L-1.20. Inspection of site Before submitting a tender, the tenderer(s) will be deemed to have satisfied himself by actual inspection of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he has entered in “Schedule of quantities and Rates” of the tender document are adequate and all inclusive to accord with the provision of the general and special conditions of contract for the completion of the works to the entire satisfaction of the Engineer. No claim shall be entertained from the contractor for making his own arrangements for approached roads from outside Railway land and contractor will bear entire expenses such as road taxes, payment on right of way etc. to outsiders.21. Examination of Documents The submission of the tender shall be deemed to have been done after careful study and examination of the tender document with full understanding of the implications thereof. Any clarification required by a tenderer shall be obtained from the office inviting tenders on any working day.22. Tender documents are not transferable.23. Sequence of work

23.1 The contractor(s) shall comply with the order of engineer in charge in regard to the sequences of tackling and progressing component parts of works.24. Preparation of PERT Chart The successful tenderer within 20 days after the contract is awarded, will make out a detailed PERT chart along with detailed programme chart based on accepted scheme indicating various stages of execution, method of execution and completion of work in different stages keeping the period of completion in view and submit the same to the engineer for the consideration and approval. The above programme shall be strictly adhered to.


-10-

NORTHEAST FRONTIER RAILWAY

(CONSTRUCTION)


ADDITIONAL SPECIAL CONDITIONS OF CONTRACT.1.0 DEFINITIONS AND INTERPRETATIONS. In the Contract documents, the following terms shall have the meanings herein assigned to them except where the contract otherwise requires:

1.1 "General Manager" shall be the Officer in Administrative charge of the whole of the Northeast Frontier Railway and shall mean and include the General Manager of the successor Railway and General Manager(Construction) of Northeast Frontier Railway.

1.2 "Engineer" shall mean the Executive Engineer in executive charge of the work and shall include the superior Officer of the Engineering Department of the Northeast Frontier Railway i.e. Deputy Chief Engineer(Construction)/Chief Engineer(Construction) and shall mean and include the Engineer of the successor Railway.

1.3 "Construction plant" shall mean all plants, machinery, vehicles, river vessels, tools, equipment, appliances or things of whatsoever nature required in or about execution, completion or maintenance of the works or temporary work but does not include materials or other things intended to or forming part of the permanent work.

1.4 A "Day" shall mean a day of 24 hours from midnight to mid night irrespective of the number of hours worked in that day.

1.5 A "Week" shall mean seven days without regard to the number of hours worked on any day in that week.1.6 A “Month” shall mean Gragorian Calendar Month irrespective of the number of hours worked on any day in that month.

2.0 GENERAL 2.1 The Additional Special Conditions of Contract, along with the Schedule of Items and Approximate Quantities; General & Standard Special Conditions of Contract – 1998 along with deletion list enclosed at (Annexure-C) and Standard Specifications. Northeast Frontier Railway, Engineering Department,1993 edition and N.F. Railway Schedule of Rates (For labour and materials),1993 edition corrected up to date, and relevant drawings with such amendments which may be published from time to time during contract period, shall constitute "Contract Documents" and the contractor shall satisfy himself/themselves in every respect as to the true intent and meaning of these contract documents and to the nature, extent and quality of the work required to be executed as no claim whatsoever arising through any misunderstanding of the intention, or the meaning of any of the terms or expressions in these contract documents, shall be entertained after the submission of the tender.2.2 The work shall be executed in conformity with the tender documents such as the General & Standard Special Conditions of Contract - 1998 and Standard Specifications, Northeast Frontier Railway, Engineering Department, 1993 edition corrected up-to-date, and other documents as per para 1 of Tender Form (Second Sheet) together with such amendments as may be published from time to time and read in conjunction with the Additional Special Conditions and Special Specifications attached.


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2.3 In these tender documents where there is any conflict between the Additional Special Conditions and Special Specifications on the one hand and the General Conditions of Contract and Standard Special Conditions-1998 and Standard Specifications of N.F. Railway, Engineering Department, 1993 edition on the other, the former shall prevail.2.4 DEVIATION 2.4.1 A Schedule of Deletion/Alterations to the Standard Special Conditions of Contract of N.F. Railway,(Engg.Deptt.) -1998 is enclosed as Annexure-C. The items listed as deleted in Annexure-C shall not be applicable to the tender/contract. In case of alteration, the item as provided for in the Annexure-C shall be applicable to the tender/contract.2.4.2 Unless specifically provided otherwise in the Tender, any and all exceptions which the Tenderer may have to any of the clauses of the Standard Special Conditions of Contract or the additional Special Conditions of Contract if any as included in the Tender, shall be clearly stated in a statement annexed to the tender and identified as Annexure-B. Such exception shall be listed in the format specified under the title " Schedule of Deviations". If the Tenderer has no exceptions, the annexure shall be submitted with a "NIL" statement. If the contractor does not include the Annexure with the Tender it shall be conclusive evidence that the Standard Special Conditions of Contract and the additional Special Conditions of Contract with deletions/alterations if any are entirely acceptable to the Contractor.2.4.3 Any Deviations from the Standard Special Conditions of Contract and the additional Special Conditions of Contract if any, stated by the Tenderer in his tender shall be a part of the Contract only to such extent as have been explicitly accepted by the Railway and incorporated in the Contract.2.5 INTENT OF PLANS, SPECIFICATION AND CONTRACT DOCUMENTS: 2.51. The work to be carried out under this contract shall, except as otherwise provided in these conditions, include all labour, materials,(except the materials to be supplied by Railway free of cost) construction plant, equipment and transport which may be required in preparation of and for the full and entire execution and successful completion of the works. The description given in the Schedule of works shall, unless otherwise stated, be held to include carriage and cartage, carrying and hoisting, setting, fitting and fixing in position and all other labour, necessary in and for the full and entire execution and successful completion of the works as aforesaid in accordance with good practice and recognized principles and any urgent and temporary works fully contingent upon the works.2.6 INSPECTION AND ADMISSION TO SITE . 2.6.1 The Contractor shall not be permitted to enter on (other than for inspection purpose) or take possession of the site until instructed to do so by the Engineer in writing. The portion of the site to be occupied by the contractor shall be defined and/or shown in the site plan, or this shall be indicated by the Engineer, and the contractor shall on no account be allowed to extend his operation beyond these areas. The contractor shall not use or allow it to be used the site so allowed to him by the Railway for any purpose other than that of executing the work. The contractor shall make his own arrangement at his own cost for any additional land required by him for the purpose of execution of the work.2.6.2 The Contractor shall at his own cost provide, if necessary or if required on the site, all temporary access thereto, to the satisfaction of the Engineer and shall alter, adopt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and make good all damage done to the site.



The Tenderer(s) before quoting his rate shall carefully inspect the site and shall be deemed to have satisfied himself about the nature and type of work including ancillary works necessary for satisfactory execution of work. Site accessibility, availability of required materials, need of suitable rollers for compaction of earthwork, drying and wetting of soil before compactions, arrangement for the testing equipment for quality control of earthwork and concrete etc. must be kept in view while quoting the rates.2.7. MODIFICATION OF DRAWINGS.

The Railway reserves the right to alter/modify the drawings/design to suit the site conditions, if due to the change in drawings or designs there is any increase or decrease in quantities in the items of the schedule, payment shall be made only for the actual quantities executed at the accepted rates. If there is sufficient ground for granting extension of the date of completion on this account, the Railway will consider such request on the merits of each individual case. Such circumstances shall in no way affect or vitiate the contract or alter the character thereof or entitle contractor to damages or compensation thereof.

(b)%3%.......ꓜꑸ QUANTITIES IN SCHEDULE AND THEIR VARIATIONS The procedure detailed below shall be adopted for dealing with variations in quantities during execution of

works contracts:2.8.1 Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.2.8.2 In case of increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions: (a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A Grade:

(i) Quantities operated in excess of 125% but upon 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender.

(ii) Quantities operated in excess of 140% but upon 150% of the agreement quantity of the concerned item shall be paid at 96% of rate awarded for that item in that particular tender.

(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particulars tender.(b) The variation in quantities as per the above formula will apply only to the Individual

items of the contract and not on the overall contract value.(c) Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found

necessary, should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA & CAO/FA & CAO ( C ) and approval of General manager.

2.8.3 In cases where decrease is involved during execution of contract:(a) The contract signing authority can decrease the items upto 25% of individual item without finance

concurrence.(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval

of an officer not less than rand of SA grade may be taken, after obtaining “ No Claim Certificate” from the contractor and with finance concurrence giving detailed reasons for each such decrease in the quantities.



( c ) It should be certified that the work proposed to be reduced will not be required in the same work.2.8.4. The limit for varying quantities for minor value items shal be 100% (as against 25% prescribed for other

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

2.8.5. No such quantity variation limit shall apply for foundation items.2.8.6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a

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

2.8.7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies.

2.8.8. For the tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager.

2.8.9. For the tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager.

2.8.10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided, In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained. However, during execution of work if variation of quantities against item of work become inevitable and such variation cause vitiation of the contract, the amount of vitiation will be deducted from the contractor’s bill.

2.9 RATES: 2.9.1 The Tenderer(s) shall quote his/their own rates in figures and words against each items in the schedule of items and approximate quantities enclosed except for the last item of the schedule for which he/they should quote percentage above, below or at par with the Northeast Frontier Railway schedule of rates for labour and materials, 1993 edition corrected upto-date. In case of any difference in rates given in words & figures, the lowest rate shall be taken as correct.2.9.2 The rates for all the items of the schedule shall be inclusive of the cost of all arrangement for crossing frequently all obstructions, in course of the work over land or across water and the cost of providing and maintaining approach service roads and temporary bridging that may be necessary for bringing and removing the construction plants, machinery and materials to and from the site of the work including rent for use of private land and/or compensation for damage, if any due to intervening private land traversed by such approach service roads.2.9.3 The rates quoted by the contractor shall be the cost of complete work and shall include the cost of all labour and materials including transport, loading, unloading as well as sheds, construction plants, shuttering, scaffoldings and for which no separate payment is made to him, on satisfactory completion of the work shall remain the property of the contractor.2.9.4 If the quoted rate(s) of any item is nore than 10% (Ten percent) of the railway’s estimated rate then Railway may ask rate analysis for such items from the tenderer(s).


-14-Tender No. Dy.CE/CON/BB/Welding/SB/06.

2.9.5 The contractor shall entirely be responsible for ensuring safety of his labour, vassals and equipment while working. No extra payment shall be allowed to the contractor for any safety precautions to be observed during the execution of the work. The cost of such precautions shall be deemed to have been included in the rates for all the items of the schedule.

2.10. SUPPLY OF MATERIALS BY RAILWAY ON LOAN BASIS

2.10..1 The items of Stores as may be required for making "Temporary arrangement" for execution of the work shall be supplied by the Railway free of cost on loan basis subject to the availability.2.10..2 Materials to be supplied by the Railway shall be issued only to the extent of requirement. The contractor shall make his own arrangement for loading, unloading and transportation of the materials from Rly.'s Godown/Depots set up at DBRT or any other Station/location between stations as directed by the Railway Engineer.

2.10..2.1 The Railway materials will be issued to the contractor as per provision of para 1269 Engg. Code, 1993 revised edition.2.11 SITE FACILITIES; 2.11.1 The quoted rates shall be deemed to include charges for all site facilities for labour that are considered necessary for execution of the work. 2.11.2 No assurance can be given regarding the vulnerability of Railway land given for use to the contractor to flooding during high floods. The Railway undertakes no responsibility or liability in this regard.2.11.3 The contractor shall make his own arrangements for arranging power supply, as may be required for the work.2.11.4 WATER SUPPLY

The contractor(s) shall make his/their own arrangement for potable water supply required for execution of the work. The contractor shall also provide and maintain at suitable places easily accessible to labour, sufficient supply of water for drinking.2.12 TAXES2.12.1 The rates quoted shall include all taxes, direct or indirect, leviable under Central, State or Local Bodies Act or Rules Octrois, Tolls, Royalty, monopoly, seigniorages, cess and similar imposts that may be prevailing from time to time in respect of land, structures and all materials supplied in the performance of this contract2.12.2 Whenever forest produces like sand, stone, timbers etc. are used in the work, the contractor(s) will have to furnish documentary proof that requisite royalty on such produces has been paid to the concerned departments.

2.12.3 The work being "Work Contract" which is one and individual and which involves no separate contract for the sale of materials, the contractor shall not be entitled to get any VAT or any other taxes/levies etc reimbursed from the Railway Administration for the supply of materials.2.13 PLEA OF CUSTOM . 2.13.1 The plea of "Custom" prevailing will not on any account be permitted as an excuse for infringement of any of the conditions of contract or specifications. 2.13.2 The contract shall not be vitiated by any inadvertent omissions of any kind in the surveys, information, specifications, drawings or schedule of quantities.2.14 BONDED LABOUR SYSTEM : The tenderer shall note that bonded labour system is completely done away with on the Indian Railways including contractor's establishments on the Railways.


-15-2.15 PROGRAMME AND COMPLETION PERIOD.

2.15.1 Since, time is the essence of the contract, the tenderer shall note that in the event of his tender being accepted, he should be in a position to commence the work immediately and shall complete the same in all respect within the continuous period of 6 (Six) months from the date of issue of acceptance letter whatever be the date of execution of work order or agreement.

2.15.2 It shall be obligatory for the tenderer to submit his programme of work and time schedule as to how he proposes to complete the work within stipulated date.2.15.5 If the work does not commence within specified date of starting or if at the subsequent time the rate of execution falls below the specific programme as indicated above, the Railway Administration (Construction Organisation) will have the power to determine the end of the contract at any stage without incurring any liability on the part of the Railway Administration for any sort of compensation for the money invested by the contractor(s) or the loss incurred by him/them due to such termination of the contract. In all cases of incomplete work, either by termination of contract by the Railway Administration under consideration stated above or due to failure on the part of the contractor(s) to complete the work within stipulated date of completion of the Agreement, the Railway shall be entitled to take action for rescinding the contract in terms of clause 62 of GCC-98.

EXTENSION OF COMPLETION DATE2.16.1 Extension of for the completion of the work shall be governed by Clause 17 of the GCc (Part-A) and SSCC(Part-B) – 1993 and the contactor shall be responsible for requesting such extension in terms thereof. While applying for such extension, a Bar Chart showing the work already done and the program for the work to be done shall be prepared and shown in justification with the bar chart submitted in terms of contract conditions, giving reasons for activity-wise slippage. The Railway shall agree to such extension of time of completion, as considered justified.2.16.2 TOKEN PENALTY

Extension under Clause 17(B) of GCC (Part-A) and SSCC9Part-B)-1993 provides for recovery of liquidated damages from the contractor. While granting extension to the currency of the contract under Clause 17(B) of the GCC the competent authority may also consider levy of token penalty as demed fit based onb the merit fo the case.2.17. PROGRESS OF WORKS. 2.17.1 The contractor shall submit to the Engineer a monthly report giving progress of works by the third of the following month.2.17.2 It shall be ensured that the works are carried out according to the agreed programme and no change is made

except with the prior approval or at the instance of the Engineer.2.17.3 The contractor shall participate in periodical meetings with the Engineer to review the progress of the work.

In case a slippage in the time schedule due to the contractor’s inability to perform as per agreed programme, the contractor shall take such action as may be necessary to bring back his work to schedule without additional cost to the Railway, either by employing over time operations, increasing the number of shifts, capacity of construction plants, or as directed by the Engineer.

3.0 EXECUTION OF WORKS . 3.1 INSPECTION OF SITE. 3.1.1 The tenderer shall in their own interest examine the conditions of contract and specifications of work. They shall also inspect the site and satisfy themselves on their own as to the hydrological, climatic and physical conditions prevailing at site, the nature, extent and practicability of the works, all existing and required roads and other means of communication and across to the site, whether by water or land, availability of housing and other facilities, the source of supply of different materials and their adequacy, royalty, monopoly ferry charges, labour and probable site for labour camp, stores and godowns etc. They shall themselves obtain all necessary information as to risk, contingencies and other circumstances which may effect or influence their tender. No extra charges consequent on any insufficient appreciation or otherwise shall be entertained.



3.1.2 It shall be deemed that the tenderer has inspected the site in all respect as explained in para 3.1.1 before quoting his rates and has satisfied himself about the nature and type of work including ancillary works necessary for the satisfactory fulfillment of the contract.3.1.3 Should there be any discrepancy in, or any doubt or obscurity as to the meaning of any of the tender documents or as to any thing to be done or not to be done by the tenderer or the instructions to be observed by him, he must set forth in writing such discrepancies, doubts or of obscurities and submit the same to the General Manager/Construction, N.F.Railway, Maligaon, Guwahati for elucidation as soon as possible but not later than 10 days before the last date fixed for receipt of tenders.

3.2 SUPERVISION AND APPROVAL BY ENGINEER. 3.2.1 All works embracing more than one process shall bne subject to examination and approval by the Engineer at each stage thereof and the contractor shal give due notice to the Engineer or the authorized representative when such state is ready. In default of such notice, the Engineer shall be entitled to appraise the quantity and extent thereof, even at a later stage at the risk and cost of the contractor.3.2.2 The Engineer reserves the right to reject the whole or part of work executed, which in his judgment does not comply with the requirements of the specifications. The decision of the Engineer shall be final and conclusive in this matter for all purposes

3.4 Railway Officials concerned with the contract shall have powers at any time to inspect and examine any part of the works and the contractor shall give such facilities as may be required for such inspection and examination.3.5 STORES, SHEDS AND YARDS.3.5.1 The contractor shall provide at his own cost suitable storage arrangement for cement and steel to the satisfaction of the Engineer and the Engineer or his representative shall have the authority at all times to inspect the storage arrangement and contractor shall provide all facilities for inspection and check of materials. For the materials supplied by the Railway the contractor shall at all times maintain proper records showing the basis of the indent, the receipts and utilisation of the materials and these shall at all times be opened for inspection by the Engineer or his representative.3.5.2 The storage capacity for cement shall be for not less than 30 days requirement of cement for the work on hand and anticipated at the time at the rate of progress of work. The arrangement for storage shall be such as to ensure that utilisation of cement is in order of its arrival at the stores.3.5.3 All the stores which are supplied by the Railway shall be stored by the contractor only at places approved by the Engineer. The storage and safe custody of these materials after issue shall be the responsibility of the contractor.3.5.4 Inflammable materials such as petrol, oil etc. shall be stored separately from other store and all the precautions as required under the Indian Explosive Act shall be taken by the contractor(s) and shall indemnify absolutely the Railway and its officers and employees against any claim or liability arising out of any accident or violation of any laws, rules and orders.

3.6 TOOLS AND PLANTS. 3.6.1 All construction plants, temporary works and materials provided by the contractor shall when brought to the site be deemed to be exclusively intended for the construction and completion of the work and the contractor shall not remove the same or any part thereof (save for this purpose of moving it from one part of the site to another) without the consent in writing of the Engineer.

3.6.2 On completion of the work, the contractor shall remove from the site all the said construction plants and temporary works remaining thereon and any unutilised materials provided by the contractor.



3.6.3 The Railway shall not at any time be liable for the loss of injury to any of the said construction plant, temporary works of materials save as otherwise provided in these documents. 3.6.4 The contractor shall make his own arrangement for all construction plants and equipment, tools including spare parts, fuel and consumable stores and all labour required to ensure efficient and methodical execution of the work. The quoted rates shall be inclusive of all charges as such items.3.7 NIGHT WORKS.3.7.1 The provision in clause 23 of the General Conditions of the contract shall be noted regarding execution of work between sunset and sunrise. If the Railway is however, satisfied that the work is not likely to be completed in time except by resorting to night work, by special order the contractor would be required to carry out the work, even at night, without conferring any right on the contractor for claiming extra payment for introducing night work. In the event of night working, the contractor will make necessary adequate lighting arrangement for smooth execution of work.3.7.2 If the contractor works round the clock on all days including sundays and holidays, the Railway shall make arrangements for the supervision accordingly.3.8 REPRESENTATION ON WORKS. 3.8.1 Regarding representation on works and supervision, the provisions in clause 12 of General Conditions of contract and clause 24 of Standard Special Conditions of Contract shall be applicable respectively.3.9 REMOVAL OF DEFECTIVE WORKS.3.9.1 If in the opinion of the Engineer, any of the works had been executed with improper materials or defective workmanship, the contractor when required by the Engineer, shall re-execute the same and substitute proper materials and workmanship forthwith at his own cost and in case of default of contractor in so doing within a week; the Engineer shall have full power to employ other persons to execute the work and the cost thereof shall be borne by the contractor.3.10. DISMENTLING3.10.1 When dismantling of any existing structure is involved to facilitate the construction, the contractor shall submit the scheme for dismantling of the existing structure. Execution of dismantling works shall be done after approval of Railway.3.11 SAFETY MEASURES.3.11.1 The following measures should be adopted to ensure safety of the trains as well as work force.

i) The contractor shall not start any work without the presence of Railway Supervisor at site.ii) Wherever the road vehicles and/or machinery are required to work in the close vicinity of Railway

line, the work shall be so carried out so that there is no infringement to the Railway’s schedule of dimensions. For this purpose the area where road vehicles and /or machinery are required to ply, shall be demarcated and acknowledged by the contractor. Special care shall be taken for turning/reversal of road vehicles/machinery with out infringing the running track. Barricading shall be provided wherever justified and feasible as per site conditions.

iii) The lookout and whistle caution orders shall be issued to the trains and speed restrictions imposed where considered necessary suitable flagmen/detonators shall be provided where necessary for protection of trains.

iv) The supervisor/workmen should be counseled about safety measures. A competency certificate to the contractor’s supervisor as below shall bne issued by AXEN/XEN which will be valid only for the work for which it has been issued.

COMPETENCY CERTIFICATECertified that Shri ……………………………….P.Way supervisor of M/s

………………………. has been examined regarding P.Way working on ………… work, his knowledge has been found satisfactory and he is capable of supervising the work safety.

XEN AXEN/CON



3.12 INTERFERENCE WITH TRAFFIC. 3.12.1 The contractor shall not start any work without the presence of Railway Supervisor at site. 3.12.2 The contractor shall use every reasonable means to prevent any of the highway or bridges communicating with or on the routes to the site from being damaged or injured by any traffic of the contractor or any of his sub-contractors and in particular shall select routes, choose and use vehicles and restrict and distribute load so that any such extra ordinary traffic as will inevitably arise from the moving of the construction plants and materials from and to the site shall be limited as far as reasonably possible so that no damage or injury may be occasioned to such highways and bridges. The contractor(s) shall give to the Municipality, Police and other Authorities all requisite notice and obtain permissions. 3.12.3 The contractor shall not allow any road vehicle belonging to him or his suppliers etc. to ply in railway land to the running line. If for execution of certain work viz. earthwork for parallel railway line and supply of ballast for new or existing railway line, gauge conversion etc. road vehicles are necessary to be used in railway land next to the railway line, the contractor shall apply to the Engineer-in-charge for permission giving the type and number of individual vehicles, names and license particular of the drivers, location, duration and timings for such works / movements. The Engineer-in-charge or his authorised representatives will personally counsel, examine and certify the road vehicles drivers, contractor’s flagmen and supervisors and will give written permission giving names of road vehicles drivers, contractor's flagmen and supervisor to be deployed on the work, location, period and timing of the work. This permission will be subject to the following obligatory conditions: -(I) Road vehicles can ply along the track after suitable cordoning of track with minimum distance of 6m from the centre of the nearest track. For plying of road vehicles during night hours , adequate measures to be communicated in writing along with a site sketch to the contractor/contractor's representative and controlling Engineers/supervisors in-charge of the work including officers and the in-charge of the section. (II) Nominated vehicles and drivers will be utilised for work in the presence of at least one flagman and one supervisor certified for such work.The vehicles shall ply 6m clear of track. Any movement /work at less than 6m and upto minimum 3.5 clear of track centre, shall be done only in the presence of railway employee authorised by the Engineer-in-charge. No part of the road vehicle will be allowed at less than 3.5m from track centre. Cost of such railway employee shall be borne by the Railway.(IV) The contractor shall remain fully responsible for ensuring safety and in case of any accident shall be bear cost of all damages to this equipment and men and also damages to the Railway and its passengers.The look out and whistle caution orders shall be issued to the trains and speed restrictions imposed where considered necessary . Suitable flagman / detonators shall be provided where necessary for protection of trains.(VI) The Supervisor / Workmen should be counseled about safety measures. A competency certificate to the contractors supervisors as per proforma annexed shall be issued by AEN which will be valid only for the work for which it has been issued.(VII) The unloaded ballast / rails / sleepers / other P.Way materials after unloading along the track should be kept clear off moving dimensions and stacked as per the specified height and distance from the running track(VIII) The Supplementary site-specific instructions, wherever considered necessary, shall be issued by the

Engineer-in-charge. Engineer-in-charge may impose any other condition necessary for a particular work or site 3.12.4 The operators and supervisors of the contractor engaged in such work which have bearing on safety on running train may have to undergo training, as per the decision of Engineer-in-charge, in Railway's Zonal Divisional or other Training Schools so that they get acquainted with the safety required safety precaution. The cost of the training shall be borne by the contractor. 3.12.5 "Whenever the contractor is working near the existing open line and he desires to use unmanned level crossings for frequent of his vehicles, machinery equipments etc., he should put in a request to the Railway administration for deputing adequate number of flagmen to ensure safety the cost of which will be borne by the contractor as per rules in force".



3.12.6 To strengthen the safety at work sites suitable gates/barriers should be installed across the new embankment, preferably adjoining the manned/unmanned level crossings. The entry for the vehicles should be regulated by an authorized representative of the Engineer-in-charge during the working hours.

ANNEXURE

3.13 Vehicles and Equipments of contractor/s can be drafted by the Railway Administration in case of Accidents/ Natural Calamities involving human lives. For payment purpose, this item will be operated as a Non-Schedule (NS) item as per Clause 39 of General Conditions of Contract and Standard Special Conditions of Contract, 1998.

3.13.1 Departmental Officials concerned with contract shall be entitled at any time to inspect and examine materials intended to be used in or on the works, either on the site or at factory or workshop or other place(s) where such materials are assembled, fabricated or manufactured or at any place(s) where these are lying or from which these are being obtained and the contractor shall give such facilities as may be required for such inspection and examination.

4.0 MEASUREMENT CERTIFICATE AND PAYMENT . 4.1 On account payment shall be made according to the provisions made in Clause 44, 45 and 46 of

N.F.Railway General Conditions of Contract, 1998 edition corrected up to date.

4.2 INCOME TAX. 4.2.1 In pursuance of Finance Act 1972 introducing section 194-C in the Income Tax Act 1961 providing deduction of income tax at source from income comprised in payment made to the contractor for carrying out any work or supply of labour for carrying out any work, the N.F.Railway Administration shall be entitled to deduct 2% (Two percent) of gross payment of any sum paid after 31st May,1972 to the contractor as Income Tax plus surcharge on the amount of Income Tax, whenever regulated from time to time.

4.3 VALUE ADDED TAX (VAT) The Contractor shall be bound by all the provisions contained in Assam Value Added Tax Rules, 2005/ or

relevant VAT Rules of other State Govts. Concerned or any statutory modification/ amendment or any re-enactment made thereto by the State Government, in whose jurisdiction the work will be executed.4.3.1 The contractor shall obtain a Certificate or Registration of his Firm/ Establishment from the assessing officer in accordance with the provision of the relevant section of Assam Value Added Tax Rules, 2005/ or relevant VAT rules of other State Govts. Concerned from year to year and its subsequent amendment after award of the Contract to the firm. 4.3.2 No payment shall be made without Certificate of Registration with the Assam Value Added Tax Deptt., or VAT rules of other State Govts. Tax Deptt. Under whose jurisdiction the work will be executed..4.3.3 The Railway shall be entitled to deduct Assam Value Added Tax or VAT of other State Govts. At the rate as applicable vide the relevant schedule of Assam Value Added Tax Rules, 2005 or VAT rules of other State Govts. And its subsequent amendment at source on gross payment made.



4.3.4 The reimbursement if any to contractor under Assam Value Added Tax Rules 2005 or VAT rules of other State Govts Concerned and its subsequent amendment, the contractor will directly approach to Assam Value Added Tax Deptt./ or VAT Deptt. Of other State Govts. Along with certificate issued by Railway with documentary evidence.

5.0 SE CURITY DEPOSIT AND PERFORMANCE GUARANTEE :

5.1 SECURITY DEPOSIT: The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the Contractor. The balance to make up the security deposit the rates for which are given below, may be deposited by the contractor in cash or may be recovered by percentage deduction from the Contractor’s “On Account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending “On Account Bills” so that the amounts so retained may not exceed 10% of the total value of the contract.5.1.1 Unless otherwise specified in the special conditions, if any the security deposit/ rate of recovery/ mode of recovery shall be as under :-

(a) Security Deposit for each work should be 5% of the Contract value(b) The rate of recovery should be at the rate of 10% of the bill amount till the full Security Deposit is

recovered.(c) Security Deposits will be recovered only from the running bills of the contract and no other mode of

collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit.

5.1.2 Security deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade Officer, then a JA Grade Officer (Concerned with the work) should issue the certificate. The Certificate, inter alia, should mention that the work has been competed in all respects and that all the contractual obligations have been fulfilled by the contractor and that there is no due from the contractor to railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal “No Claims Certificate” from the contractor concerned should be obtained.5.1.3 No interest will be payable upon the Earnest money and Securioty Deposit or amounts payable to the contractor under the contract.5.2 Performance Guarantee:5.2.1 The successful bidder shall give a Performance Guarantee in amounting to 5% of the Contract Value in any of the following forms:-(i) a deposit of cash (ii) Irrevocable Bank Guarantee (iii) Government Securities including State Loan Bonds at 5 percent below in market value, (iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks, (v) Guarantee Bonds executed or Deposits Receipts tendered by all schedule Banks; (vi) a Deposit in the Post Office Saving Banks ; (vii) a Deposit in the National Saving Certificates ; (viii) Twelve years National Defence Certificates; (ix) Ten years Defence Deposits ; (x) National Defence Bonds; and (xi) Unit Trust Certificates at per 5 per cent below market value or at the face value whichever is less. Also FDR in favour of FA & CAO/Con/MLG (free from any encumbrance) may be accepted.5.2.2 The Performance Guarantee shall be furnished by the successful bidder after the letter of Acceptance has been issued, but before signing of the Agreement. The agreement should normally be signed within 15 (Fifteen) days after the issue of LOA and the Performance Guarantee should also be submitted within this time limit. The Guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.


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5.2.3 Performance guarantee (PG) shall be released after physical completion of the work based on ‘Completion Certificate” issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the maintenance period and after passing the final bill based on “No claim Certificate”. 5.2.4 Whenever the contracts are rescinded, the security deposit should be forfeited and the performance Guarantee shall be enchased and the balance work should be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/ partner of such a firm shall be debarred from participating in the tender form the balance work either in his/ her individual capacity or as a partner of any other JV/ Partnership firm.5.2.5 The Engineer shall not make a claim under the performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and/ or without prejudice to any other provisions in the contract agreement) in the event of :(i) Failure by the contractor to extend the validity of the performance Guarantee as described herein above, in

which event the Engineer may claim the full amount of the performance Guarantee. (ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or

determined under any of the Clauses/ Conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

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

6.0 VITIATION OF CONTRACT. The contract shall not be vitiated by any inadvertent error of any kind in the surveys, information, specification drawing or schedule of quantities. However, during execution of work if variation of quantities against item of work become inevitable and such variation cause vitiation of the contract, the amount of vitiation will be deducted from the contractor’s bill.

7.0 MAINTENANCE PERIOD On the completion of work to the satisfaction of the Engineer it will be taken over from the contractor From the date of taking over the contractor shall be responsible for the maintenance of all works for further period of NIL months . To cover up monsoon period, the maintenance period will be extended in cases when required and contractor shall remain responsible for maintenance for this extended period also. The contractor shall make good and remedy at his own expense within such period as may be stipulated by the Engineer, any defect which may develop or may be before the expiry of this period of twelve months and intimation of which has been sent to contractor within seven days of the expiry of the said period by a letter, sent by hand delivery or by registered post. In case the contractor fails to make adequate arrangements to rectify the defects within seven days of the receipt of such notices, the Engineer without further notice may make his own arrangement to rectify the defects and the cost of such rectification shall be recovered from the Security Deposit of the contractor or from any other money due to the contractor under this or may other contract.8.0 CONTRACT LABOUR ACT

The shall observe all the provisions of the Contract Labour (Regulation and Abolition) Act1970 and Central Rules 1971 or any statutory modifications or re-engagements thereof for the time being in force and any rules and regulations made their under in respect of all the persons directly or through petty contractors or sub-contractors employed by him under this contract and shall indemnify the Railway from and against any claims under the Contract Labour (Regulation and Abolition) Act 1970 and Central Rules 1971 or any further rules and regulations framed thereunder, by or on behalf of any person directly or through petty contractors or sub-contractors employed by him or otherwise.



8.1 The contractor shall obtain license from the Licensing Officer specified in the Act, paying necessary license fee as per section 12 of the Act 1970 and Rules 26 of the Central Rules 1971. In every case in which by virtue of section 20(2) and 21(4) of the Contract Labour (Regulation and Abolition) Act 1970, the Railway is obliged to provide amenities or pay wages to Labour employed by the contractor in executing the work, the Railway will recover from the contractor the expenditure so incurred by the Railway or wages so paid, and without prejudice to the right of the Railway under section 20(2) and 21(4) of the said Act, the Railway shall be at liberty to recover such amounts or part thereof by deducting it from the security deposit or from any sum due to the Railway by the contractor whether under this or any other contract/contracts.8.2 The attention of the tenderer is drawn to the Contract Labour (Regulation & Abolition) Act, 1970. Contract Labour (Regulation & Abolition) General Rules 1971 and Clause 55 (2)(i) of the Northeast Frontier Railway Engineering Department Regulation for Tenderers and Contract General Conditions of Contract 1998 and Standard Special Conditions of Contract 1993 edition. Successful tenderer(s) shall comply with the provisions of the said Act and Rules, the Executive Engineers/Dy.Chief Engineers being the principal employers under the said Act and Rules.8.3 The attention of the tenderer is also drawn to the rules of the Inter State Migrant Workman (Regulation of employment conditions of service) Central rules 1980. The successful tenderers should comply with these rules as per the said Act/1979 (ACF NO. 30 of 1979) with central rules 1980.8.4 Provided that if any dispute arises as to the expenditure incurred by the Railway in the provision of amenities under the said Act, the decision of the Engineer thereon shall be final and binding.9.0 ANTI-MALARIA PRECAUTIONS.9.1 Every precaution shall be taken by the contractor to prevent the breeding of mosquitoes at the site of work during construction and all reacceptance used for the storage of water must be suitably protected for this purpose or must be emptied at the close of the work every day. As a precautionary measure against Malaria all water used for curing concrete and masonry works must contain specified creosol in solution which must not be less than 1:200 or more than 1:100 so that the solution will have markedly cloudy appearance and will give a reasonably strong odour.9.2 As a precaution to any measure against Malaria the contractor will be responsible to take up anti-larval work at his own expense during the currency of the contract. In case of contractor's failure to undertake the job, the expenditure incurred if any by the Railway on this account is recoverable from the defaulting contractor without any reference.10.0 SETTLEMENT OF DISPUTES & INDIAN Railway’s ARBITRATION rules. Arbitration and settlement of disputes shall be governed vide clause 63,64 of General Conditions of Contract, N.F. Railway, 1998 edition which are reproduced below subject to any correction made prior to the opening of this tender.63. Matters finally determined by the Railway – All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract shall be referred by the contractor to the Railway and the Railway shall within 120 days after receipt of the contractor’s representation make and notify decisions on all matters referred to by the contractor in writing provided that matters for which provision has been made in clauses 8, 18, 22 (5), 39, 43 (2), 45 (a), 55, 55A (5), 57, 57A, 61(1), 61(2), 62(1) to (xiii) (B) of General Conditions of Contract or in any clause of the special conditions of the contract shall be deemed as excepted matters and decision of the Railway authority, thereon shall be final and binding on the contractor provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration.64(1) (i) Demand for Arbitration.

In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be



entitled to, or if the Railway fails to make a decision within 120 days, then and in any such case, but except in any of the ‘excepted matters’ referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.64(1)(ii) The demand for arbitration shall specify the matters which are in question or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made, together with counter claims or set off shall be referred to arbitration and other matters shall not be included in the reference.64(1)(ii)(a) – The arbitration proceedings shall be assured to have commenced from the day; a written and valid demand for arbitration is received by the Railway. (b) The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal.(c) The railway shall submit its defense statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal. (d) Place of Arbitration : The place of arbitration would be within the geographical limits of Division of the Where the cause of action arose or the Head Quarters of the concerned Railway or any other place with the written consent of both the parties.

64(1)(iii) – No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during the course of arbitration proceedings subject to acceptance by Tribunal having due regard to the delay in making it.64(1)(iv) – If the contractor(s) does/do not prefer his/their specific, and final claims in writing, within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.64(2) – Obligation during tendency of Arbitration: Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.64(3)(a)(i) – In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rupees ten lakh) only, the Arbitral Tribunal consist of a sole arbitrator who shall be either the General Manager or a gazetted officer of Railway not below the grade of JA grade nominated by the General Manager in that behalf. The sole arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is received by Railway. 64(3)(a)(ii) – In cases not covered by clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade or two Railway Gazetted Officers not below JA grade and a Retired Railway Officer, retired not below the rank of SAG Officer as the arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more departments of the Railway which may also include the name(s) of Retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the General Manager. Contractor will be asked to suggest to General Manager atleast 2 names out of the panel for appointment as contractor’s nominees within 30 days from the date of dispatch of the request by Railway. The General Manager shall appoint at least one out of them as the contractor’s nominee and will, also simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the 3 arbitrators so appointed. General Manager shall complete this exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s nominees. While nominating the arbitrators it will be necessary to ensure that one of them is from the Accounts department. An Officer of Selection grade of the Accounts department shall be considered of equal status to the officers in SA grade of other departments of the Railways for the purpose of appointment of Arbitrators.



64(3)(a)(iii) – If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacate his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s).64(3)(a)(iv) – The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise, as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties here to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. The Arbitral Tribunal should record the day-to-day proceedings. The proceedings shall normally be conducted on the basis of documents and written statements. 64(3)(a)(v) – While appointing arbitrator(s) under sub-clause (i), (ii) & (iii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more Arbitrator had, in the course of his service, opportunity to delay with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.64(3)(b)(i) – The arbitral award shall state item wise, the sum and reasons upon which it is based. The analysis and reasons shall be detailed enough so that the award could be inferred there from.64(3)(b)(ii) – A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of tribunal within 60 days of receipt of the award.64(3)(b)(iii) – A party may apply to tribunal within 60 days of the receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award.64.4 – In case of the Tribunal, comprising of three Members, any ruling or award shall be made by a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.64.5 – Where the arbitral award is for the payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.64.6 – The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee of the arbitrator(s) as per the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration or by the court of law unless specifically directed by Hon’ble court otherwise on the matter.64.7 – Subject to the provisions of the aforesaid Arbitration and Conciliation Act – 1996 and the rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.10.1 The provision of Clauses 63 and 64 to the General Conditions of Contract will be applicable only for settlement of claims or disputes between the parties for values less than or equal to 20% of the value of the contract and when claims of disputes are of value more than 20% of the value of the contract, provisions of Clauses -63 & 64 and other relevant clauses of the General Conditions of Contract will not be applicable and arbitration will not be a remedy for settlement of such disputes.10.2 The contractor shall not be entitled to ask for reference to arbitration before completion of the work assigned to him under this contract. The contractor shall seek reference to arbitration to settle the dispute only once within the ambit of condition 10.1 above.10.3 These special conditions 10.1 & 10.2 shall prevail over existing Clauses 63 & 64 of the General Conditions of Contract.11.0 LAWS AND GOVERNING THE CONTRACT This contract shall be governed by the Laws of India for the time being in force. Irrespective of place of working, the place of performance or place of payment under the contract, the contract shall be deemed to have been made at the place from which the acceptance of the tender has been issued.



12.0 JURISDICTION OF COURT. The courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract.

The successful tenderers shall have to sign the contract agreement only at the office from where the acceptance letter has been issued.

13.0 Implementation of – The Building and other Construction Workers (RECA) Act, 1996 and Building and other Construction Workers welfare Cass ACT, 1996 in Railway Contracts.

“The tenderer for carrying out any construction work in Assam (name of the State) must get themselves registered from the Registering Officer under Section – 7 of the Building and other Construction Workers Act, 1996 and rules made thereto by the Assam (Name of the State) Govt and submit certificate of Registration issued from the Registereing Officer of the_Assam__(name of the State) Govt. (Labour Deptt.). For enactment of this Act, the tenderer shall be required to pay cess @ 1% of cost of construction work to be deducted from each bill. Cost of material shall be outside the preview of cess, when supplied under a separate schedule item.”



Annexure -A.DECLARATION FORM

I/We hereby certify that -

(i) I am/We are not related to any employed in the Gazetted and /or non-gazetted capacity in the Engineering and or any other Department of the Northeast Frontier Railway.

(ii) I/We draw attention to the fact that I am/We are related to the following employee(s) in the Gazetted and/or non-gazetted capacity in the Engineering and any other Department of the Northeast Frontier Railway.

(iii)S/No Name of the Employee(s) Designation &

DepartmentDegree of

Relationship

Note: The item, which is not applicable, should be struck out.

SIGNATURE OF CONTRACTOR (S) Name :____________________________ Address :__________________________ Phone No.: ____________


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ANNEXURE –B

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)

Name of work : As per schedule.

Schedule of Deviations (By Tenderer )

Sl.No.

Clause No. of Std. Spl. Conditions or Addl. Special Condition of Contract

Alternative acceptable to the tenderer


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Annexure- C

NORTHEAST FRONTIER RAILWAY(CONSTRUCTION ORGANISATION)


Name of work : As per schedule.

Schedule of Deletion/Alteration (By Railway )

Sl.No.

Clause No. of Std. Spl.

Conditions of Contract.

Modifications applicable to this Tender/Contract.

1. Clause 29.6 -(with sub clause) 29.7 -Subject to the condition that the maximum escalation payable will be limited to (%-%) = % for the entire currency of contract.

Price Variation Deleted.

2. Clause - 30 - Payment of Advance for Mobilisation. (with sub-clause)

Deleted.

3. Clause - 31 – Advance Payment for Contractor's materials.(with sub clause)

Deleted.


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Tender No. Dy.CE/CON/BB/Welding/SB/06Annexure-D

CREDENTIALS OF THE TENDERER(A) General : (i) Name of the Company/Contractor :

(ii) Address of Registered office :

(iii) Constitution of the Company :

(ii) Whether Pvt. Ltd.,, Public Ltd. Partnership or any other type :

(b) Name and address of collaborates if any. I Extent and nature of participation by collaborator(s)

In execution of this work :

(B) Experience :(i) No. of years the firm has been in operation under its : present name

(iii) Details of work executed/being executed by the tenderer:

in the last three years.

(iii) Testimonials from clients company on various works : executed/being executed for the three years.(C) Financial Position :

(i) Financial return over during the last three years (Copies of Audited Annual report , Accounts or a statement duly certified by a chartered accountant should be enclosed ).

(ii) Banker’s Assessment of financial solvency of the company/tenderer (copy to be enclosed).

(iii) Banker’s certificate regarding credit worthiness of the Tenderer.


Year Turnover (Rs. in lakhs)2009-102010-112011-12


(D) Technical Capability :

(i) List of tools, Plants, equipment and machinery available with the tenderer along with their value (A copy approved Assessor's Certificate to be enclosed).

(ii) Name, qualifications of the technical Supervisors and staff under the employment of the tenderer and organisation on hand and proposed to be engaged for the subject work

(Authenticated by a chartered Accountant)

(iii) Other facilities available with the tenderer not covered higher to :

(E) Tenderers knowledge from actual personal investigation of the resources of the region or District(s) in which he offers to work:

(F) Any other details that the tenderer may like to furnish to substantiate their financial and technical ability to undertake this work and complete the same within stipulated period of completion.

(Details of works executed/under execution in the last three years)

Sl. No

Name of work & W/O number

Clients Address

Estt. value Specified date of

completion

Present status/

completed on


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ANNEXURE – ETender No. Dy.CE/CON/BB/Welding/SB/06

FORM OF BANK GUARANTEE BOND FOR PERFORMANCE GUARANATEE. (Ref. Clause 5.2 of Special Conditions)

1. In consideration of the President of India acting through the Chief Engineer/Con, Financial Adviser & Chief Accounts Officer/Con, N.F.Railway, Maligaon, Guwahati, Assam – 781011 (hereinafter called “the Government”) having agreed to exempt …………………. (A) ………………….. (Herein called the said contractor(s) from the demand under the Terms and Conditions of the Contract Agreement No. …………………………… dated …………. Made between ……………………………………. (A) ………………………………… and the Chief Engineer/Con, N.F.Railway, Maligaon, Guwahati, Assam – 781011 for the work ……………………………….. (B) ……………………………………….. (Herein called the “Said Agreement”) of the performance Guarantee condition contained in the said Agreement, on production of Bank Guarantee for Rs ……………………..(Rupees ……………………………………………………………………………… ) only.We ………………………………………………… ( C) ……………………………………..(Herein called the Bank) at the request of ……………………………………………..(A) ………………………………………….. (Contractor(s) do hereby undertake to pay the Government an amount not exceeding Rs ………………………… against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We ……………………… ( C) …………………….. do hereby undertake to pay the amounts due and payable under this Guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach of the said contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of the contractor(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs ………………………………..

3. We undertake to pay to the Government any money as demanded notwithstanding any dispute or disputes raised by the Contractor(s) in any suit or proceeding pending before any court or Tribunal-relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s) shall have no claim against us for making such payment.


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Tender No. Dy.CE/CON/BB/Welding/SB/064. We…………………….. (C ) ………………………….. further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till Chief Engineer/Con/N.F.Railway, Maligaon, Guwahati, Assam – 781011 certified that the terms & conditions of the said Agreement have been fully & properly carried out by the said contractor(s) & accordingly discharge this Performance Guarantee. Unless a demand or claim under this agreement is made on us in writing on or before the ………………………………………………We shall be discharged from all liability under this guarantee thereafter.We …………………………….. ( C ) …………………………………. Further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, of extension being granted to the said contractor(s) for any forbearance, act or commission of the part of the Government or any indulgence by the Government to the said Contractor(s) or by such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.This guarantee will not be discharged due to the change in the constitution of the bank or the contractor(s).We ……………………………………(C )…………………………. lastly undertake not to revoke this guarantee during its currency except with previous consent of the Government in writing.

Dated the …………………… day of ……………………………………2006 for……………………………………… ( C ) ……………………………………….NOTE :-

1. Please fill the above form by replacing symbols (A), (B) and (C ) with appropriate words as given below :

LEGAND Meaning(A) Firm’s Name and Addess.(B) Brief Description of the work to be executed as per CA.(C ) Bank’s Name and address.

2. Stamp paper as required shall be used. Certificate from the Collector (Revenue) has to be embodied on the Guarantee Bond regarding adequacy of the Stamp duty fees in the deed.


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NORTHEAST FRONTIER RAILWAY (Construction Organisation)


NATURE AND SCOPE OF WORK

Name of work :- Welding of rail joints (52Kg/60R) by Pre heat SKV welding technique with improved Pre heat technology including supply of all required materials and equipments ( except petrol, K.Oil and labour) for the section Dhamalgaon station Ch.16.00Km to South Bank Dyke 21.00Km including ‘Y’ connection from Ch.24.80Km to 25.90Km in South Bank and from Ch.22.282Km to 28.3683Km in North bank of river Brahmaputra in connection with construction of Bogibeel Bridge Project.

The principal items of the work includes :-Welding of Rail joints by pre heat SKV welding technique with improved pre heating Technology including supply of all required materials for welding..

The details of items of works to be executed are specified in schedule of items enclosed.

Signature of tenderer(s) Dy.Chief Engineer (Con) Contractor(s) N.F.Railway, Dibrugarh.

************** ********

-34-NORTHEAST FRONTIER RAILWAY

(Construction Organisation)


Name of work :- Welding of rail joints (52Kg/60R) by Pre heat SKV welding technique with improved Pre heat technology including supply of all required materials and equipments ( except petrol, K.Oil and labour) for the section Dhamalgaon station Ch.16.00Km to South Bank Dyke 21.00Km including ‘Y’ connection from Ch.24.80Km to 25.90Km in South Bank and from Ch.22.282Km to 28.3683Km in North bank of river Brahmaputra in connection with construction of Bogibeel Bridge Project.

SCHEDULE OF ITEMS OF WORK AND APPROXIMATE QUANTITIESsn Description of item Unit Quantity Rate in figure & words1 Alumino thermit welding of rail joints by pre heat

(SKV) welding technique with improved pre-heating technology namely compressed air petrol/LPG along with use of three pieces mould including supply of all required materials (except petrol, K.oil and labours) placing, trimming and grinding after welding complete for new track/existing running track of 52Kg/60Kg UTS (New / SH rail) for three rail panel/ LWR including transportation of welding portion, moulds and other accessories and equipments required for welding from firm’s depot to SSE/Con/P.way’s depot at Dibrugarh and Silapathar/Work site. Firm will provide welding supervisors at site duly approved by RDSO.

a) At South bank Per joint

800

b) At North bank Per joint

1000



SPECIAL CONDITIONS AND SPECIFICATIONS FOR WELDING OF RAIL JOINTS 52 KG BY ALUMINO THERMIC SKV PROCESS AND 90 ‘R’/44.61 KG. BY ALUMINO THERMIC CONVENTIONAL PROCESS.SPECIFICATION FOR WELDING:1. The work shall be carried out strictly in accordance with IRS Specifications No. T-19-84 for Fusion Welding of Rails and RDSO letter No. M & C/W/1/4 dt.8.10.87 (Copy enclosed as Annexure – B) by Alumino Thermic SKV process with the latest amendments and prefabricated carbon dioxide sand moulds except as modified herein after and the Thermit portions will be inspected by RDSO and the Welding work will be inspected by the Engineer in Charge of the respective unit. Assistance to welding by supplying labour, consumables such as petrol etc. required for the welding will be supplied by Railway.

RATES:2. The rates quoted for the work shall be firm and inclusive of Sales Tax excise duty and any other tax or duty legally leviable, as well as of license fees and royalty charges if any. The rates shall not be subjected to any variation for any reason whatsoever during the currency of the contract.3. The rails to be welded will conform to any of the IRS Specification, IRS 12-53, T-12 -55 or T – 12 – 64 or any other specification approved by Board. The Contractor shall satisfy himself, from time to time, as required about the metallurgical properties of the rails to be welded and apply the correct technique to produce satisfactory welded joints in such rails. For the purposes, he may arrange for chemical analysis of rail pieces of rail bearings, which will be supplied to him by the Railway free of cost at the working site on request.4. The welding of rails shall be done on the cess of embankment or on the track laid as directed by the Engineer.5. The Railway will arrange to spread the rails evenly on the bank and shall lay out the rails for the welding and support them on wooden blocks well in advance. The Contractor shall be responsible to ensure that the rails are correctly aligned vertically, longitudinally and transversely and held in position with proper gap between the rail ends, as specified. The contractor shall be responsible to ensure cleaning the rail ends of all grease and dirt prior to welding of the joints. (The above work are to be done with the help of the labour of the assistance to welding partly).6. The contractor shall also be responsible for removal of all kink and twists in the rails, particularly within 1.8 m from either end. Once the Rails to be welded have been aligned, leveled, cleaned and provided with the specified amount of gap, it shall be responsibility of the contractor to weld the joint and to guarantee its satisfactory performance vide Clause 13.


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Tender No. Dy.CE/CON/BB/Welding/SB/067. TOLERANCE7.1 A finished joint will be accepted as good, on consideration of dimensional accuracy, if the variations are within the following permissible tolerances.

i) Finishing of rail top ± 0.2 mm at the center top table when measured with 10 cm straight edge.

ii) Head finishing ± 0.3 mm at the center (on both sides) when measured with a 10 cm straight edge.

iii) Lateral alignment ± 0.5 mm at the center when measured with a 1 m straight edge.

iv) Vertical Alignment ± 0.5 mm at the center when measured with 1 m straight edge.

7.1.1 The aforesaid tolerances are only applicable in case of new rails. In case of existing rails where there is a depression of more than 1 mm measured with one meter long straight edge placed centrally on the rail head before welding the tolerances would be decided at site between Contractor and Railway’s Engineer.

7.2 All the welded joints will be tested by ultrasonic flaw detector by the Railway with their own USFD machine as the “Procedure of Ultrasonic testing of Thermit welded joints” given at Annexure – A of T – 19/1984. Indian Railway Standard Specification for fusion welding of Rails by Alumino Thermic process. The contractor shall submit the test report of the USFD test jointly signed by the Railways’ representative and the contractor’s representative. This testing will be completed as early as possible but before the welding team of the contractor leaves the welding site. All the joints which are found to be defective, shall be cut and re-welded by the contractor free of cost. Such re-welded joints also be tested by USFD machine and if found defective, these shall be cut and re-welded by the contractor free of cost. Petrol and labour will be supplied by Railway free of cost.

7.3 The fractured surface of the weld or in cases where micro – etching is done on transverse slices, shall now allow blow holes, porosity or inclusions aggregating to more than 1% of the cross sectional area of the rail section welded. Above defect shall not be connected with the outer surface of the weld. There shall not be any lack of fusion. The fractured surface shall also not show the presence of accretions or mirror like structure and shall be crystalline in appearance. The cross sectional area of 52 Kg rail and 90 lbs rail is 6615 mm2 and 5695 mm2 respectively and permissible area of defects is 66 mm2 and 57 mm2 respectively.


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Tender No. Dy.CE/CON/BB/Welding/SB/06RECORD OF WELDING WORKS:

7.4 One log book on each site of the work shall be maintained by the Contractor’s supervisor, which will show serial number of joints welded, their tolerances after finishing and ultrasonic report of the welded joints. This log book shall be jointly signed by Railway’s representative and Contractor’s Supervisor. At the time of submission of the bill, this log book shall be surrendered to the Executive/Dy. Chief Engineer for his scrutiny of the log book and passing of the bill for payment.PAYMENT:7.5 Payment shall be made by the Railway only to those joints which will found good, in respect of tolerances of the finished joints and in ultrasonic testing.

WELDING UNITS:

8 The welding work at each location shall be carried out by self-contained units, trained to do all the required items of works, such as lifting, packing leveling, aligning, moulding, welding, chipping and filling.

QUALITY OF WORK:

9 The contractor shall used automatic tapping thimble in all the welding work and arrange rail files, weld trimmers and grinders to achieve good quality welding.

NUMBER OF WELDING PARTIES:

10 The contractor shall deploy sufficient number of welding, supervisors for carrying out the works. The contractor shall organize the work with a minimum of 3 (three) welding parties at sufficient number of locations with adequate number of plants and equipment so as to obtain a progress of 20 – 25 joints or more per day per party.

10.1 Working supervisors provided by the Contractor on each site of work shall have a valid competency certificate for welding of rail joints by SKV (short preheat) method issued by RDSO and shall be valid for two years. In no case supervisors not holding valid competency certificate shall be allowed to supervise the works.

11 The contractor shall supply all the necessary welding materials, plant and equipment for the welding work, including complementary and incidental items such as preparation of moulds and finishing the welds to the required tolerances except labour for assistance to welding and consumable such as petrol etc. which will be supplied by Railway free of cost.


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11.1 The Railway shall provide free of cost petrol for heating purposes @ 1.6 litres per joint by SKV process. Any excess consumption over the above limit will be deducted from the contractor’s bill at double the prevailing rate of petrol or as decided by the Railway Administration.REWELDING OF JOINTS WHICH FAILED DURING WELDING:

12 The contractor shall be bound to re-weld, free of cost all welded joints that fail during the course of work. The contractor shall be bound to re-weld, free of cost all welded joints that fail during the course of work. The Rly. shall bear the cost of petrol and labour for re-welding such joints only to the extent of 2% of the total number of joints to be done. Any re-welding of such joints beyond the aforesaid 2% limit shall be done free of cost by the contractor, who shall, in such case, also bear the cost of petrol and labour supplied by the Railway for the re-welding work.

13 The contractor shall guarantee and be responsible for the satisfactory performance of the welded joints for a period of 2 years from the date of opening of the line for traffic. In case any joint fails during the aforesaid guarantee period and the contractor fails to re-weld it free of cost as per clause 15.1 of IRS specification, three times the cost of one weld paid to the contractor in terms of agreement will be deducted from his dues. For this purpose, a sum equal to 2% of the value of welding work executed, will be kept as retention money till the expiry of a period of 2 years from the date of opening of the line for traffic or the extended period of 3 years in terms of clause 16.1.1 of IRS specification (T.19.84).

PERIOD OF WORK, SAMPLE WELDS FOR TESTING:

14 To enable the Railway to carry out the tests as specified in clause 14 of the IRS specification, sample welds shall be prepared by the Contractor outside the track at the rate of one per 100 joints or part thereof. Payment shall be made for such sample welds as per the accepted rates. The contractor shall arrange for testing of these welds. The contractor shall also arrange for the transport of test joints at his own cost to the place of testing. These test joints shall be tested under the supervision of Inspector of RDSO (Research Wing) for which every facility shall be extended to him by the contractor.


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Tender No. Dy.CE/CON/BB/Welding/SB/06ACTION TO BE TAKEN IN CASE OF FAILURE OF TEST WELDS:15 In the event of any welded joint failing to meet any of the requirements of the IRS specification, the Railway shall be at liberty to suspend forthwith further welding of joints. The work shall remain suspended until the contractor has improved his welding technique in such a manner that the joints welded by him are able to meet the requirements. Further, the period of guarantee as per clause 15.1 of the IRS specification in respect of the joints already welded shall be extended for a further period of one year and any such welded joints, which fails within this extended period of guarantee or shows signs of failure by cracking, shall be re-welded free of cost by the contractor. If the contractor fails to re-weld the joints free of cost, three times the cost of one weld paid to the contractor in terms of the agreement will be deducted from his dues.MARKING OF JOINTS TO BE KEPT UNDER OBSERVATION:

16 The welded joints with the extended period of guarantee shall be marked ‘X’ on the outer side of the head of the rail near the joint in addition to the marking prescribed in Clause 17 of the IRS Specifications. Such marked joints shall be kept under careful observation by the Railway.PATENT:17 The contractor shall not directly or indirectly use any invention for the time being the subject of letters of patent so as to infringe such patent or so as to involve the Railway in any infringement thereof and the Contractor shall hold the Railway harmless and keep the Railway indemnified against all costs, damages, charge or expenses, arising out of or in connection with any such infringements.INDIAN RAILWAY STANDARD SPECIFICATION FOR FUSION WELDING OF RAILS BY ALUMINO THERMIC PROCESS (Serial No. T-19-1984)

This specification is issued under the fixed serial No. T-19 the final number indicates the year of original adoption as standard or in the case of revision, the year of last revision.

Adopted 1961. First revision: 1965 Second Revision: 19841. INTRODUCTION

1.1 The soundness of the welds produced by alumino-thermic process depends on the quality of (a) alumino-thermic mixture herein after referred to as the ‘MIXTURE’ and (b) technical control exercised during the preparation for the execution of the welding by this process.1.2 The quantity of the ‘MIXTURE’ required for welding one rail joint shall be called a portion.


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1.3 A batch shall consist of a number of portions manufactured from similarly and simultaneously treated raw materials.1.4 It is necessary to ensure that ‘portions’ are prepared under proper quality control and execution of the welds in strict conformity with the practice by competent personnel for site welding of rails. No changes in the analysis of the mixture, its acceptance tests and the methods of welding shall be made without the consent of the approved authority.2. SCOPE2.1 This Indian Railway Standard covers

(a) Technical requirements for the supply of ‘MIXTURE’ for full fusion method of welding of rails.(b) Acceptance tests for such welded rail joints at site.(c) Technical procedure for approval of ‘Contractors” and welding supervisors.

2.2 The acceptance tests specified here are for fusion welding of flat bottom steel rails to IRS specification T.12 UIC-850 Alloy steel rails of Chrome Manganese & Chrome-Vanadium types and any other type of rails that may be considered for use on Indian Railways by alumino-thermic process.

PART A - P TECHNICAL REQUIREMENT FOR THE SUPPLY OF’PORTION’3. SUPPLY OF PORTION:3.1 The ‘portion’ shall be submitted for acceptance batchwise3.2 Every ‘portion’ shall be packed in a moisture proof bag of polyethylene to IS:9738-81.

Indian Standard Specification for “Polyethylene bags for general purpose”, Gr. HM NDPE 150/ uninitially and then finally in a heavy duty bag made of cloth to IS:187-78. Indian Standard Specification for “Cotton long cloth” and sealed in such a manner that no change can be made to the portion without damaging the bag or breaking its seal. The following particulars shall be indicated on two similar tokens one placed inside and the other on the outside, with the seal of the bag.

i) Batch No,ii) Portion No.iii) Date of manufactureiv) The section and type of rail to be welded.v) Process of welding i.e. conventional/short preheating/SKVvi) Insignia of the firm

The insignia of the firm shall also be printed on the bag in red for MM quality rails to IRS – T-12, in green for rails of 90 KG/mm2, min. UTS in black for alloy steel rails with 110 Kg/mm2 min. UTS. The ‘Portion’ bags shall be packed in a sturdy wooden metallic container with suitable partition in such a way that no bag rests on another bag and damage during transit is avoided. Any bag of ‘Portion’ found damaged during transit shall not be used for welding. No container with portion bags shall weigh more than 60 Kg.


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Tender No. Dy.CE/CON/BB/Welding/SB/064. TECHNICAL REQUIREMENTS:

4.1 The following test shall be conducted for assessing the quality of the ‘Portion’.a) Reaction tests.b) Mechanical test on test welds.c) Ultrasonic test on test welds.

5. Reaction Tests.5.1 The alumino-thermic reaction shall be allowed to take place in a standard crucible similar

to that used in site-welding. The alumino-thermic steel shall be poured in standard moulds so as to obtain bar having a diameter between 25 and 35mm.

5.2 During the course of the alumino-thermic reaction, observation into the characteristics of the reaction i.e. whether it is quiet, normal vigorous or boiling shall be made. The reaction shall not be vigorous or boiling. The duration of the reaction shall be 20 + 5 seconds.

5.3 The sample of alumino-thermic steel obtained from the above reaction when fractured, shall not show a mirror like structure of accretions, the fractured surface shall show a fine grained crystalline structure.

5.4 A transverse section shall be cut from the middle third portion of the bar, of alumino-thermic steel obtained from reaction test determined spectroscopically at two points located at the mid-radius of the cross-section. The aluminium contents so determined shall not be less than 0.25% and shall not exceed 0.70%.

6. NUMBER OF REACTION TEST:6.1 Reaction test shall be carried out on the ‘Portion’ for every 250 ‘Portions’ or part thereof of

a batch. In addition to above, the nature of erection and reaction time of the test weld joint shall also be recorded.

7. TEST ON TEST WELDS:7.1 Test weld samples – Test welds shall be made either new rails or on old but usable rails of

similar sections and conforming to the same rail specification. Two pieces of rail length not less than 750mm, required for the test weld shall be used. The rail pieces can be purchased form the Railway administration.

7.2 Spattering – No spattering of the used MIXTURE shall occur when it is run into the moulds.

7.3 Casting defects – The excess of weld metal above the rail table and side shall be chipped of in red-hot conditions and shall not show any hot shortness (i.e. brittleness of metal under red hot condition). The weld surface after chipping, shall be ground to make the weld surface perfectly flat in line with the parent rail and shall not show any porosity or slag inclusion and other casting defects.

7.4 Ultrasonic test – The test weld joint shall be ultrasonically tested as per the “Procedure for ultrasonic testing of thermit welded rail joints” given at Annexure-‘A’. The joint on testing shall be sound as per stipulation.


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Tender No. Dy.CE/CON/BB/Welding/SB/067.5 Hardness Test7.5.1 The Brinell Hardness Survey shall be carried out at the welded Zone heat affected zone and

parent metal of the rail on the top and sides of the head of the test weld using 3000 Kg. Load and 10mm dia ball for 10 sec. The average hardness number determined shall be as under:

(i) Weld metal + 20 HB of parent rail metal hardness- 0Or+ 20 HB of average hardness of rail- 0 as indicated in table – 1 below whichever is less

(ii) Heat affected Zone + 20 HB of parent rail metal hardness

The average hardness of the rail of different chemistry offered for welding is given in Table – 1 for guidance.

TABLE – 1Type of Rails

Medium Manganese IRST - 12

90 Kg/mm2 UTS UIC 860-0 Gr. Av Gr. B or equivalent

UIC Chrome Manganese alloy steel

UIC Chrome vanadium alloy steel

230 HB 280 HB 310 HB 310 HB

7.6.1 The test weld shall be supported on cylindrical or semi-cylindrical supports having a diameter of 30 to 50mm and a distance of one meter between them from center to center. The weld shall be at the centre of the span and loaded in such a manner that the foot of the rail is in Tension. The mandrel diameter shall be between 30 to 50mm. The load shall be gradually increased till rupture course.The test weld shall withstand a minimum load and a minimum deflection as stipulated in Table – 2 for different section and type/types of rails.


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Tender No. Dy.CE/CON/BB/Welding/SB/06TABLE – 2

Load deflection value for different railsRail Type Rail section Min Transverse breaking

load inMaximum deflection in mm at the centre

Kg/m Tonne mm

Medium Manganese IRST-12

30.0 to 32.0 Kg/m 32.5 to 37.0 Kg/m 37.5 to 41.5 Kg/m 42.0 to 44.5 Kg/m 45.0 to 49.5 Kg/m 50.0 to 54.5 Kg/m 55.0 to 62.0 Kg/m

40 50 50 65 70 75 85

15 15 15 15 15 15 15

90 Kg/mm2 UTS UIC 860-Gr.A/Gr.B or equivalent

50.0 to 54.5 Kg/m 80 15

Chrome Manganese alloy steel to UIC 860 with modifications

55.0 to 62.5 Kg/m 90 8

Chrome Vanadium alloy steel to UIC 860 with modifications.

50.0 to 54.5 Kg/m 80 10

7.6.2 If the fracture occurs for outside the weld, a slice shall be cut transversely at the weld and etched in boiling 1:1 Hydrochloric acid for about 20 mins. To determine the casting defects.

7.6.3 The fractured surface of the weld or in cases where macroetching is done on transverse slices, shall not show blow holes, porosities or inclusions aggregating to more than 1% of the cross-sectional area of the rail section weled. Cross-sectional area of different rail section together with permissible total size of defect is given at Table – 3 for reference. Above defects shall not be connected with the outer surface of the weld. There shall not be any lack of fusion. The fractured surface shall also not show the presence of accretions of mirror like structure and shall be crystalline in appearance.



TABLE – 3AREA OF CROSS SECTION OF RAILS AND AREAS OF PERMISSIBLE DEFECTS

Rail Section Area of Cross Section Permissible area of defect (mm2)

60 R 3800 38

75 R 90 R

52 Kg 60 Kg

4737 5695 6615 7686

47 57 66 77

8 Number of Test WeldsThe test welds shall be made from one out of every 250 portion or part thereof of a batch.9. RETESTS9.1 If the results of any of the tests referred to in Clause 5 to 7 be unsatisfactory, retests shall

be carried out if so desired by the supplier. These retests shall be carried out in the same manner in all respects as the tests originally carried out, on two “Portions” per failed sample from the same batch selected by the Inspecting Officer or the Purchaser.

9.2 If the results of both the retests samples are satisfactory, the batch represented by the sample ‘Portion’ shall be accepted. If either or both the tests fail to meet the requirements, the batch shall be rejected.

10. ADDITIONAL TEST AFTER REPROCESSING.10.1 In the event of any sample ‘Portion from a batch failing to comply with the requirements of

C 1.5, the supplier, if he so desires, may be permitted to re-submit the batch after necessary reprocessing once only. The reprocessed ‘Portions’ shall be submitted under a separate batch and serial numbers.

11.1 Acceptance shall be done batch-wise. Every individual batch that satisfies the conditions prescribed in the specification shall be accepted after identification mark has been put on it by the Inspecting Officer.

12. Testing facilitiesThe supplier shall at his own expense supply all labour and appliances for such testing both for initial and re-test as may be carried out in the presence of the purchaser or the Inspecting officer in his own premises or at any other place acceptable to the purchaser in accordance with this specification.

13 INSPECTION13.1 The purchaser and the Inspecting Officer shall have free access to the premises of the

suppliers at all reasonable times. They shall be at liberty to inspect the records and the manufacture at any stage.

PART-B: Acceptance test of full fusion – Welded joint at site14 EXECUTION OF WELDING AT SITE14.1 Alumino-thermic welding of rails by this process shall be executed at site under the

supervision of competent welding supervisor certified by RDSO (see para ‘C’)


-45-Tender No. Dy.CE/CON/BB/Welding/SB/0615 GUARANTEE15.1 Rail joints welded by a contractor shall be guaranteed by him against failure for a period of

two years from the date of opening of line to traffic. Any such welded joint which falls within the guarantee period shall be re-welded free of cost by the contractor.

16 ACCEPTANCE TEST16.1 One out of every 100 joints welded per batch shall be selected at random by the purchaser

or by the Inspecting Officer and shall be packed up and subjected to hardness and

transverse test as per clause 7.5 and 7.6. The joints shall comply with the provision laid down therein.

16.1.1 In the event of any welded joint failing in any one or more requirements of this specification the Railways will be at liberty to suspend forthwith further welding of joints. The work will remain suspended until the contractor has improved his welding technique and the joints welded by him meet the requirements of the tests. Further, the period guarantee vide clause 15 above of the joint already welded shall be extended for a further period of one year and any such welded joints which fails within this extended period of guarantee or shows signs of failure by cracking shall be re-welded free of cost by the supplier.

16.1.2 The welded joints with the extended period of guarantee shall be marked ‘X’ on the outer side of the head of the rail near the joints in addition to the markings prescribed in clause 17. Such marked joints shall be kept under careful observation by the Railways.

16.2 All the fusion welded joints shall be ultrasonically tested by the contractor in presence of Railways representative as per the “Procedure for ultrasonic testing of Thermit welded rail joint” given at Annexure ‘A’. This testing shall be completed as early as possible but before the contractor/welding team leaves the welding site. All the joints which are found to be defective shall be cut and re-welded by the contractor/welding team free of cost. Such re-welded joints shall also be tested ultrasonically and if found defective cut and re-welded free of cost.

16.3 All the welded joints shall be checked ensure that the joints geometry is within the following tolerance.

16.4 i) Vertical Alignment: Variation not more than + 0.5mm measured with one metre straight edge.ii) Lateral Alignment: Variation not more than + 0.5 mm measured with one metre straight

edge along gauge face.

iii) Head finishing on sides: + 0.3 mm over both sides of the rail head measured over 10 cm.

iv) Finishing of top surface: + 0.2 mm measured over 10 cm.

The details of the track joint geometry for each joint shall be jointly signed by the contractor and Rly’s representative and kept as a record. Any joint found not conforming to the above stipulations shall be cut and re-welded, free of cost, by the contractor.



17 Marking

17.1 All the joints shall be distinctly punched not less than 5mm size steel stamp by the contractor in the following manner.

Month year, Firm’s insignia, Serial No. of joints and ‘X’ (where necessary).

17.2 The marking shall be on the outer side of the Rail-web within 150mm from the welded joints.

PART ‘C’ APPROVAL OF ‘CONTRACTORS’ AND WELDING SUPERVISORS18 The approval to the ‘Contractor’ shall be given for manufacture of ‘Portions’ and execution

of rail joints at site using their welding technique for each type of rail section and rail chemistry separately. The approval of ‘Welding Supervisor’ shall be given for execution of rail joints at site, for each type of welding technique, rail chemistry and contractor wise.

19 For the purpose of approval the following definitions shall apply:

19.1 ‘Contractor’ shall mean the organization manufacturing to ‘Portions’ and executing the welding of rail joints by alumino thermic process using their own technique.

19.2 ‘Welding Supervisor’ shall mean any individual with adequate knowledge and competent for supervising and executing alumino thermic welding or rail joints at site, using his own trained gang, representing either a ‘Contractor’ or Zonal Railway or any other independent organization.

19.3 ‘Approving authority’ shall mean Director General, Research Designs and standards Organization, Ministry of Railways, Manak Nagar, Lucknow – 226011 or his representative.

20 PROCEDURE20.1 The application for approval shall be submitted by the contractor indicating the technique,

Rail section and Rail chemistry intended to be welded and the welding supervisor indicating the approved contractor’s name, technique and rail chemistry intended to be used for welding to the approving Authority. The letters shall be addressed to Director General (M & C) Research Designs and Standards Organization, Manak Nagar, Lucknow – 226011.

20.2 The approving authority, on receipt of the application, shall intimate the amount of money to be deposited and forward a proforma to be filled in by the applicant regarding facilities available with them. The applicant shall deposit the amount as per clause 23.3 and return the proforma duly filled in giving the requisite information.

20.3 On scrutiny of the information, if the same is prima-facie found to be satisfactory, the approving authority shall inspect the premises of the applicant giving due notice for assessment of the facilities. On inspection of the premises, if the facilities are found to be satisfactory tests and trials shall be undertaken by the approving authority.



21 TESTS AND TRIALSApproval of contractor

The contractor shall manufacture a batch of 150 ‘Portions’ free of cost conforming to the requirement of part A Samples shall be drawn at random by the approving authority and following laboratory tests shall be carried out at the contractor’s works premises or at a laboratory mutually agreed upon between contractor and approving authority.

i) Six Nos. of reaction tests.ii) Welding of twelve tests weld joints.iii) Ultrasonic testing of above joints as per Annexure – ‘A’.iv) Brinell Hardness Test of the above joints.v) Traverse (load deflection) testing of six test weld joints.vi) Magnetic crack detection test and macro-examination of remaining six test weld joints

longitudinally sectioned across the weld to ensure freedom from harmful defects.

21.1 Subject to the results of the above tests being satisfactory as per stipulation given in PART ‘A’ service trail for a period of one year or till 10 GMT passes over the joints shall be undertaken on 100 rail joints welded using the same batch of ‘Portion’ as indicated in C1 21.1.1 against a trial order to be place by the Railway. During execution of trial welding at site, spoilt joints (due to self tapping, luting, leakage, reaction inside the mould), if any, shall be cut and re-welded by the contractor at his won expenses. Failure of joints during the period of service trial shall not be more than 2%.

21.1.1 All the 100 trial joints shall be ultrasonically tested as per procedure given in Annexure-‘A’ Defective joints subject to a maximum of 5% shall be cut and re-welded free of cost. If more than 5% joints are found defective, the trial shall be discontinued considering the technique to be unsatisfactory.

21.2 Approval of welding supervisor.21.2.1The welding supervisor desiring for obtaining approval shall have to utilize his own

welding team at his own works premises or any other places mutually agreed upon by the supervisor and approving authoring using his implements ‘Portion’ of approved contractors sand etc. for test weld joints following the approved technique for laboratory evaluation only.

21.2.2 Following test shall be carried out conforming to requirements at part ‘A’ at the welding supervisor’s works premises or at a laboratory mutually agreed upon by the welding supervisor and approving authority.

(i) Welding of six tests weld joints of different sections of rail for a particular chemistry for which approval is sought.

(ii) Ultrasonic testing of above joints as per Annexure ‘A’.(iii) Brinell Hardness Test of the above joints.(iv) Transverse (load deflection) testing of three tests weld joints one each for each section.


-48-Tender No. Dy.CE/CON/BB/Welding/SB/06(v) Magnetic crack detection test and macro-examination of remaining three tests weld joints

longitudinally sectioned across the weld to ensure freedom from harmful defect.21.3 On satisfactory completion of tests as per stipulations given in part ‘A’, a competency

certificate valid for two years shall be issued to the welding supervisor. No welding at site shall be permitted to be carried out without the supervision of an approved welding

supervisor. Every approved welding supervisor’s competency shall be reassessed by RDSO every two years based on the performance or by actual testing.

RETEST22.1 In the event of any test as described in Clauses – 21.1.1 and 21.2.2 fails to satisfy the test

requirements, twice the number of the test specimen made for that test shall be prepared using ‘Portion’ from the same batch and submitted to the tests in which failures occurred. The contractor/welding supervisor shall not be approved unless all tests on additional specimen’s are satisfactory.

23 LEVY FOR CHARGES FOR APPROVAL23.1 The contractor shall deposit the earnest money and pay all the testing charges in advance as

would be intimated by the approving authority vide clause No.20.2.23.2 The welding supervisor shall pay all the testing charges as would be intimated by the

approving authority, vide clause 20.2.23.3 The earnest money and testing charges as the case may be shall be remitted to the

approving authority in advance through a demand draft drawn in favour of ‘Joint Director (finance/Research Design and Standards Organization, Manak Nagar, Lucknow – 226011’.

23.4 On the approval of the Contractor the earnest money deposit shall be returned by the approving authority; otherwise the same shall be forfeited.

24 REMOVAL OF CONTRACTOR/WELDING SUPERVISOR FROM APPROVED LIST:

24.1 The approving authority will have the right to disapprove any approved contractor/welding supervisor based on complaints regarding his performance received from the Railways.

PROCEDURE FOR ULTRASONIC TESTING OF THERMIT WELDED RAIL JOINTSA.1 General ConsiderationA.1.1 Surface preparation: The flange up to a distance of 180mm on either side of the weld

collar shall be thoroughly cleaned with a wire brush so that the service is free from dust, rust etc. in case of 80 degree probe testing.

A.1.2 Couplant: Water shall be used as Couplant.A.1.3 Sensitivity: The Sensitivity for testing with normal probe, 70 degree probe and 80

degree probe shall be adjusted as per instructions laid down at clause-A.4. The sensitively so adjusted may be considered as normal gain.

A.2 Apparatus requiredA.2.1 Equipment:: SZ 62 rail testing trolley (Krauthrammer) with USK 4 ultrasonic flaw

detector or ECIL or Vibronics Rail tester or similar with their respective flaw detectors.A.2.2 Probe::Normal 4 MHz and 70m Degree, MHz probes fitted to the trolley and one 80

Degree 1.25 MHz probe for hand probing.


-49-Tender No. Dy.CE/CON/BB/Welding/SB/06A.2.3 Cable::A Co-axial cable of suitable length for connecting 80 Degree probe of flaw

detector.A.3 Testing with Normal Probe:: The testing shall be done with normal gain settings, the

height of the flaw Signals, if any shall be noted.

A.3.1.1The welded joints showing a flaw echo equal to or more than the height at different depth stipulated below shall be considered as defective.Depth from rail table Height of flaw echo

(in terms of horizontal (in terms of vertical divisions on the screen) divisions on the screen)

1. Over 0 to 13 2.02. Over 1.3 to 1.5 1.53. Over 1.6 to 2.0 1.04. Over 2.0 to 3.0 0.5

Note: The above stipulations are keeping in view the initial Perspex setting to be at 0. In case the initial setting is at 1.0 as is for K.K. machines. 1.0 shall be added to the horizontal division stipulated.

A.3.2 Testing with 70 Degree probe:: In case of lack of fusion and blow holes in the head, moving signals may be obtained while testing with 70 Degree probe. The position of the onset of signals and the range of movement on the screen and their maximum height shall be recorded.

A.3.2 Any welded joint showing a moving flaw signal of 0.5 vertical height and above, obtained with normal setting, shall be considered as defective.

A.3.3 Testing the flange with 80 Degree angle probeTo detect the flaws in the flange portion, the testing shall be done manually. The flaw detector shall be removed from the trolley and kept on a suitable place nearby. The 80 degree angle probe shall be connected to the transmitter socket by the coaxial cable as 80 Degree angle probe is single crystal type working both as transmitter and as receiver. Couplant shall be applied in both sides of the weld collar on the flange of the rail. The probe shall be kept on the flange at a suitable distance corresponding to position L of Fig. A (i.e. at 170 mm for 90R section below for lower section of rails or above for higher sections rails considering the average thickness of the flange for different rails sections) so that the ultrasonic waves are directed towards weld. The probe shall be slowly moved with a Zig Zag motion towards the weld. Any moving signal observed shall be recorded. Testing of all the other locations C & W as shown in fig. A shall be similarly carried out.Any welded joints when tested with normal gain setting showing any moving flaw signal shall be considered as defective.


-50-Tender No. Dy.CE/CON/BB/Welding/SB/06A.4 INSTRUCTIONS FOR CHECKING THE FUNCTION AND SENSITIVITY OF

THE SYSTEMA.4.1 Test rail:: The checking of the sensitivity an setting of the system shall be carried on as

sound test rail sample with weld joint at the middle. The rail piece shall be 1500 mm

long. A 5mm dia hole shall be drilled through the weld metal at about 700 mm from either end. The axis of the hole shall be at 90 Degree to the longitudinal axis of the rail and parallel with and 25mm below the rail head. A 3mm dia hole shall also be drilled vertically at the middle of the flange through the weld about 750mm from either end of the rail or a 2mm. Deep transverses cut shall be made on the bottom of the flange across the weld.

A.4.2 ALLOTMENT OF PROBES

A.4.2.1The alignment of normal and 70 Degree probes fitted with the rail tester shall be checked by placing the rail tester on the test rail using water as couplant ensuring that the probes travel in the line with the axis of the rail head and Web.

A.4.3 CHECKING THE FUNCTION AND SENSITIVITY OF 70 DEGREE ANGLE PROBE

The angle probe, beaming in the direction of the travel shall switched on. The equipment shall be moved towards the drilled hole and when the probe is just in the front of the hole a pulse should appear on the screen, which during the onward travel should move from right to left, in the direction of the transmitting pulse. The equipment shall be again moved forward. When the main portion of the beam is directed on the hole the pulse will attain the maximum, after this it will be reduced. Suitable the gain shall be adjusted to get max, flaw indication up to 3 div. Height. The forward probe shall be switched off and the other beaming to the rear, that is in opposite direction to that of travel shall be switched on. The equipment shall be again moved forward, in the screen i.e. from left o right. The shape and the height of the pulse should be about the same for the both probes. Should one probe be more sensitive than the other relevant potentiometers shall be adjusted to give a uniform height of the signal.

A.4.4 CHECKING THE FUNCTION AND SENSITIVITY OF NORMAL PROBE

The normal probe shall be switched on after placing the same at unwelded location of the rail and the bottom signal from the foot of the rail adjusted to the full screen height. After ensuring the receipt of bottom signal, the trolley shall be moved for positioning the normal probe just above the 5mm dia. Hole of the test rail. The gain shall be so adjusted to obtain a maximum flaw peak from this hole to 3.0 division height at 0.5 division horizontal scale with the test range at 250mm.


-51-Tender No. Dy.CE/CON/BB/Welding/SB/06A.4.5 On adjustment of the sensitivity of the normal probe, the shear wave indications from the

70 Degree probe shall be reached switching on all the three probes. The angle probe signal reflected from the hole shall have a maximum height of at least two divisions.

A.4.6 Normal gain getting of the ultrasonic flaw detector during testing with 80 Degree probe shall be such that a two division vertical height peak is obtain from 3 mm dia hole at the flange across the weld or 2mm deep transverse saw cut.

ANNEXURE - BGOVT. OF INDIA – MINISTRY OF RAILWAY

RESEARCH, DESIGN STANDARD ORGANISATIONMANAK NAGAR, LUCKNOW – 226011

No. C/W/1/4 Dated 8.10.87ToThe Chief Track Engineer,N.F. Railway, GM’s Office MaligaonGuwahati – 781 011

Sub:- Alumino thermit welding of 52 Kg. MM Rail joints by short preheating process developed by RDSO, M/s. ITC/CNB and M/s. Harshad Thermit Industries, Raipur.

The following guidelines are issued for information of all Zonal Railways while undertaking welding of 52 Kg. MM rails joints by short preheating technique.1. Gap between rails 24 + 1 mm

2. Preheating time 10 to 12 minutes

3. Reaction time 20 + 5 second

4. Mould waiting time 4.0 to 4.5 minutes

5. Chipping time 4.0 to 5.0 minutes

6. Type of mould used Prefabricated CO2

7. Approximate weight of thermit portion RDSO ITC Harshad

14 Kg. 12.3 Kg 13 Kg.


-52-Tender No. Dy.CE/CON/BB/Welding/SB/068. Pattern and mould Box As developed by RDSO/Firm

9. Type of heating/Burner Top heating system with air petrol Vapouriser type

burner. Air pressure in petrol tank 100 to 110 lbs/Sq. Inch.

10 Welding supervisor Welding supervisors of M/s. ITC & Harshad should have a competency certificate for the above technique from RDSO.

11 Rail end preparation Rail end should be thoroughly cleaned applying kerosene oil and vigorously brushing with wire brush to remove all dirt, grease and rust.

12 Alignment of rails As given in the manual for “Welding of rail joints by A T process”.

13 Test requirement a) Hardness test: The test weld joint shall be subjected for Brinel Hardness test at welded zone heat affected zone and parent metal on top and side of rail head. The hardness value of weld metal should be + 20 of the parent metal and the hardness of the heat affected zone should be + 20 of the average hardness of parent metal.

b) Transverse Test: Test weld joint should be subjected for transverse load and deflection test on one meter span with cylindrical supports and mandrel of 30 to 50 mm dia putting weld portion in the centre. Minimum breaking load and deflections should be 75 tonnes and 15mm respectively.

Sd/- (for D.K. Mitra)

For Director General M & C
