page 1 of 32 ot-50 2015-16 (corrigendum-i)

of 32 OT-50 2015-16 (Corrigendum-I)

DSTE/T/UMB Signature of Contractor

START OF DOCUMENT NORTHERN RAILWAY

TO SHEET (A) Details to be filled in by Railway: Tender Notice No. SW-Sig/UMB-OT-50/2015-16

Full Name of work Manning of 11 Nos unmanned level crossing over

Ambala Division. Approx. cost Rs. 86,15,245/-

Completion period One Year Earnest Money Amount Rs. 1,72,310/-

Last Date/Time of Receipt of Tenders

09-05-2016 up to 15.00 hrs.

Date & time of opening of tender 09-05-2016 just after closing the box i.e. 15.00 hrs. Name and address of Tenderer to whom the tender was sold (if purchased from office)

(Signature of authorized Railway Official) (B) Mandatory details to be filled in by tenderer while submitting their offer 1 Constitution of the Firm/concern (Tick as

applicable) Sole Proprietorship/ Partnership firm/ Company/JV/society

2 Full name of sole proprietorship/ Partnership firm/company/ JV/ Society (as the case may be)

3 Year of formation/ incorporation 4 PAN No. 5 Registered Office Address 6 Address on which correspondence

regarding this tender should be done.

7 Name of the proprietor/ partners/ JV members etc.

8 Details of EMD submitted. Note: (i) Special attention of tenderers is drawn to clause 2.4.1 of “Spl tender condition &

instruction to tenderers”, as per which the tenderer must submit along with tender, the documents mentioned therein pertaining to constitution of form/concern. (ii) Special attention of tenderers is drawn to clause 2.3 of “Spl tender condition & instruction to tenderers”, as pe which they should submit the requisite documents along with tender pertaining to their technical & financial eligibility.

………………………



Signature of the Tenderer Name of signatory………… Constitution of firm:- 1 Constitution of the Firm/concern (Tick as

applicable) Sole Proprietorship/ Partnership firm/ Company/JV/society

2 Full name of firm/company/ JV/ Society 3 Year of formation/ incorporation 4 PAN No. 5 Registered Office Address 6 Address on which correspondence

regarding this tender should be done.

7 Name of the proprietor/ partners/ JV Members etc.

We have enclosed along with the tender, all the requisite documents pertaining to the constitution of the firm/concern/company, as specified in clause 2.4.1 of “Special Tender condition & Instructions to tenders” I/we understand that in the absence of these documents, our tender shall be treated as having been submitted by the individual who has signed the tender documents. Signature of the Tenderer



Schedule of Rates & Quantities

Name of work:-Manning of 11 nos unmanned level crossing over Ambala Division. SN Description of material Qty. Unit Rate in

Words in Rs.

Rate in Figures in Rs.

Total Inspection

1 Digging of trench 0.3 mtr wide and 1.0 mtr deep in natural earth. It also included cleaning of roots of trees in way of cable route .This also includes refilling of trench by ramming 6" layer and making the surface to original condition. Lesser depth due to site conditions shall be paid proportionately after being certified by the site Engineer.

82600 Mtrs. Site Engineer

2 Trenchless boring (By using HDD or manual pushing method) at congested area, track crossing and road crossing, depth of trenchless trenching shall nor be less than 1500mm along with supply and laying of self lubricated HDPE pipe 50 mm dia with 6 mm wall thickness)


3 Laying of cable of different sizes and corage in trench. The cable shall be laid through HDPE/GI pipes at road crossing/rail crossing, bridges and culverts etc. as per instructions of Railway Engineer's representative at site


4 Supply and laying of 2nd class well burnt 'B' class bricks in trench breadthwise over the top of cable through i.e. 8 bricks in one meter over whole of the cables. Bricks shall be got staked and got inspected by Rly. Representative before laying.

660800 Nos. Site Engineer



SN Description of material Qty. Unit Rate in Words in Rs.


Total Inspection

5 Supply & installation of 20 pair DP Boxes & termination of cables. This includes all material required for fixing including salwood/hylum board and the hardware required for fixing.


6 Supply of Shrink 2-T Transformer jointing kit suitable for quad cable as per RDSO Spec IRS TC 77/2010 Rev.2 or latest Make Raychem

88 Nos. RITES

7 Provision of joint with the help of above TSF jointing kit as per instructions of Railway Engineer's Representative at site


8 Supply of RFID electronic marker for S&T cables with programmable memory for saving the user specific data inside the RFID Electronic marker memory chip, later recordable by Electronic marker locator during locating (10 Cm diameter with floating coil to keep detection circuit always horizontal for better detection which can be burried upto depth of 5 feet

440 Nos. Consignee

9 Supply of TEC approved electronic cable route locator for locating cable & compatible with item No.8 above

1 No Consignee

10 Supply & installation of Magneto telephone as per RDSO specification no. IRS-TC-36/97 with Amendment no. 1. This includes supply and installation of wooden bracket & battery box for Magneto telephone. The Magneto telephone should of RDSO approved Firm.

22 Nos. RITES





Total Inspection

11 Supply of Solar Photovoltaic Modules 12V/35 W as per RDSO specification no. IRS:S-84/92 Amendment No.2 or latest.Make CEL, TATA BP, BHEL, HBL

22 Nos. RDSO

12 Fabrication of mounting frame of MS angle iron of size 45mmx45mmx6mm for Solar panel (12V 35 Watts) as per instructions of site Engineer with tilting arrangement of 50 mm dia GI pipe of thickness 3.5 mm to be fixed on cabin/ station building. The PVC wire copper conductor of size 2x10 sq.mm make Finolex, Havells, Delton, Polycab from solar panel to battery terminal along with blocking diode circuit in box (size 150mm x 150mm x 75mm) clamp etc and all fixing material including masonary work required will be supplied and done by the contractor. PVC wire shall be laid in flexible PVC conduit ISI mark shall confirm IS 9537(PIII) make Polypack, D-Plast, Polycab, Finolex. It will be tested by site Engineer for its satisfactory performance.

22 Nos. Consignee

13 Supply, installation & testing of Solar Charge Controller 12 V/6 Amp compatible with solar panel of 12 V with Volt Meter & Amp Meter. The charge controller should have (i) protection against Array, Battery reverse condition & Load short circuit protection. (ii) Blocking diode is provided to prevent discharge of battery through solar PV module and should be CEL, TATA BP, BHEL, HBL make

11 Nos. Consignee





Total Inspection

14 Supply of 12V/40 AH Valve Regulated Lead Acid (VRLA) maintanace free battery with connecting strip and nut bolts (2V X 6 cells confirming to RDSO specification IRS-S-93/96(A) Amdt.1) or latest from RDSO approved Firm

11 Nos. Consignee

15 Installation & commissioning of 40 AH Valve regulated Lead acid(VRLA) maintenance free battery. All material required for their interconnection such as PVC wire copper conductor of size 2x10 sq.mm make Finolex, Havells, Delton, Polycab shall be supplied by the contractor as per site requirement as per instruction of railway Engineer's representative at site.


16 Supply, installation and commissioning of Earth electrode as per std. practice. The item thousand includes digging of pit in earth, 3 mtr deep and one fixing earth electrode pipe, casting of cement hundred concrete enclosure.the drg is enclosed as each.Annexure -B. The soil treatment shall be done as per std practice. The item includes provision of earth lead wire and soldering of lead wire by pin brazing method. the other end of earth wire to be connected to block ' instrument, cable seath ,power equipment, appartus case, relay racks, other equipments as per instruction of engineer at site & IRSEM.






Total Inspection

Complete material such as earth electrode of B class GI pipe of 50mm dia 3.6 mm thickness, cement, wiring material, soldering material be supplied by contractor. Brazing pin, Ferrule and Earthing Bond will be supplied by Railway( which is separately included inthis schedule). Earthing will be done by safetrack electronic Brazing pin method. this also includes provision of earth connection from MEBB to S&T equipment i.e. cable sheath, apparatus case, BPAC, Axle counter, Data logger with power wire of size16/25 sq. mmwith thimble of suitable size at both ends.

17 Supply & laying of B class GI pipe 3.6 mm thick, 50 mm dia ISI mark, at road crossing/rail crossing/ bridges and culverts. The pipe shall be provided with holes at regular intervals of 200 mm or less with 2 mm hole and to be fixed by means of clamps made of MS flat 50mmx6mm each at a distance of 2 Mtr apart or as per site requirement as per instructions of Railway representative. Clamps of MS flats, bolts and nuts, cement & sand etc.to be supplied by the contractor

200 Mtrs. Consignee

18 Supply, fabrication, fixing and installation of MS Channel of size 1250X100X 50 mm along with Strap, Nuts and Bolts on bridge as per Drg. No.RDSO/TCDO/COP-13 given in Annexure'B' & instructions of Railway Engineer's Representative at site.

400 Nos. Consignee





Total Inspection

19 Supply, fabrication, fixing, and installation of GI trough size 70mm x 65mm in the length of 2.05 mtrs. Long with cover size 78.2 mm x 25mm thickness of the sheet 1.6 mm in the length of 2mtrs. Long on bridge as per Drg. No.RDSO/TCDO/COP-12 given in Annexure'B' as per instructions of Railway Engineer's representative at site. All material for fixing also to be supplied by contractor.

200 Nos. Consignee

20 Supply and Filling of Bitumen compound in the troughs after laying of cable as per instructions of Railway Engineer's Representative at site.

500 Kg. Consignee

21 Supply & Testing of Digital Multimeter 43/4 digit with 0.5% Accuracy Make MOTWANE, FLUKE, RISHABH

2 Nos. Consignee

22 Supply and Testing of Digital Earth Resistence Tester range 0-20/200 ohms. Resolution 0.01/0.10-ohms. 3.5 Digital LCD Display with Ni-Cd Rechargable Cell, Low Battery indication, Accuracy +1.0% complete with all accessories Make MOTWANE, FLUKE, RISHABH

2 Nos. Consignee

23 Supply & testing of Meggar digital (500 V)Make MOTWANE, FLUKE, RISHABH .

2 Nos. Consignee





Total Inspection

24 General concrete work (not covered in schedule) with mixture of cement, coarse sand and aggregate 25mm of 1:3:6 ratio scattered at diffrent places in the yard and plastering top in line plaster of 1:4 cement & sand ratio. It also includes the excavation of earth as required at site and as per instruction of the site engineer. Volume of foundation also includes volume of CI base, anchor bolts, trestle, MS angle and GI pipe required to be embeded in the concrete sand aggregate 25 mm and cement to be supplied by the contractor.

5 Cu. Mtrs.

Site Engineer

TOTAL

NOTE:- 1. Rates quoted should be inclusive of all taxes like sale Tax, VAT, Octroi, Service Tax etc.

no other kind of payment shall be made. No form 'C' or 'D' etc. shall be supplied by Railway.

2. Work shall be carried out under the supervision of SSE/T/Roop Nagar, SSE/T/Bathinda & SSE/T/Dhuri or any other person nominated by Sr.DSTE/Ambala

3. One Year Warranty shall be given by the Contractor free of cost under which the equipment shall also be guaranteed towards any defects in workmanship and material during the period. Warranty will start after certified date of commissioning of the system.

4. Firm shall get approval of sample/make from Officer In-charge of work before placing order for supply of material.



Annexure ‘A’

Technical Specifications and General Conditions

Name of work:- Manning of 11 nos unmanned level crossing over Ambala Division

General Instructions:-

1. Cable and other material required for execution will be supplied by concerned SSE/Tele from their store. Transportation of material from SSE/Tele store to the site will be done by contractor. No transportation charges will be paid. Released material, if any, will be transported by contractor to the store of concerned SSE/Tele at his own cost, no additional charges will be paid by the Railways.

2. Trenching, fabrication & fixing of cable route marker, cable laying & HDPE pipe including supply shall be treated as one item for the purpose of payment, separate payment of these items shall not be admissible

3. Items having RDSO Specifications shall be inspected by RDSO No inspection charges to RDSO/RITES will be borne by contractor. Inspection charges will be paid by the Railways.

4. Rates quoted by the tender shall be inclusive of all charges, taxes, transportation charges, octroi etc. All incidental charges may be included in the rates quoted. Claim of any additional Taxes/Charges shall not be entertained at a later stage.

5. Petty material like screw, nails, nut/bolts, gutties etc. required for execution of works shall be arranged by the contractor at his own cost.

6. All items shall be offered for inspection to the consignee before supply. UG Cable shall be supplied by Railway. The contractor shall transport the equipment/material to different sites of work, to/from store of consignee at his own cost.

7. Material supplied and the work done by the contractor shall be under warranty for one year after certified date of completion of work.

8. Workmanship of the items of work shall be of good quality and to the satisfaction of the Railway Engineer at site.

9. Railway reserves the right to reject any material/portion of the work found not as per specification.

10. Work shall be executed as per directions/instructions of the Railway Engineer in charge of the work and any other person deputed by him in this regard. Contractor shall be required to nominate his Engineers/Supervisors who will supervise the work and shall take instructions from Railway Engineer.



11. All tools, instrument, components and other items required for the execution of the

work have to be arranged by the contractor on his own cost.

12. The contractor shall not execute the work, which may interfere with train traffic until adequate protection has been arranged as per the instruction of the site-in-charge. Contractor will be himself responsible for the safety of his personnel during execution of the work. Railway will not be responsible for making payment of any type of compensation.

13. Normal 230 VAC Supply shall be provided by Railway. Suitable adapter if required shall be provided by Contractor.

14. Any other hardware software requirement arising during execution of various items will be made with by the Contractor without any additional charges.

15. It should be possible to get an output of 6.0 Volt from battery. This will be connected to Magneto Telephone at L-Xing gate. Battery shall be kept in a wooden box which will be supplied the contractor.

16.0 Credentials.

i) At least one Office /Service Unit of the contractor should be available in the State of Delhi, Chandigarh, Haryana, Punjab, Himachal Pradesh, Uttarakhand or Uttar Pradesh. He shall furnish the details of his establishments nearest to Ambala with address, Telephone Nos. and Manpower availability at the center

ii) Supportive documents/certificate from the organizations worked with whom they worked/are working should be enclosed.

iii) As a proof of experience/ competency, the tenderers should have successfully completed at least one single work of similar nature for a minimum value of 35% of advertised cost of the tender during last three financial years and in the current financial year.

iv) As a proof of sufficient financial and organizational resources, contractor should have received total payment against satisfactory execution of all completed / ongoing works of all types (Not confined to only similar works) during last three financial years and in the current financial year of value not less than 150% of the advertised cost of work.

17.0 Definition of Single Similar Work is as given below.

Trenching and U/G Copper Conductor Cable laying

Work of excavation of trench and Underground cable laying, jointing of Copper cable or OFC

18.0 PAYMENT TERMS: - The payment to the contractor would be made through



EFT/ECS as per the following schedule-

18.1 For Supply items –

(i)

90% of the accepted cost of material supplied will be paid when the materials are supplied subject to furnishing of Inspection certificate and receipt order by the nominated consignee.

(ii) 100% will be paid for spares and for items, which are not required to be erected by the contractor on receipt of the equipment and its inspection certificate.

18.2 For execution items other than supply ; (i) On account payment will be on the basis of measurements recorded.

(ii) For combined items involving supply and erection/installation - 70% payment shall

be made when the materials are supplied subject to furnishing of Inspection certificate and receipt order by the nominated consignee.

(iii) Balance 30% of the cost of the material supplied shall be paid as under -

(a) 20% cost held up shall be paid after successful commissioning of the system.

(b) Balance 10% of the cost of the material held up shall be paid after successful completion of system.

18.3 For the item of designing 100% payment will be made after completion of activity, acceptable to the Railways.

18.4 Wherever the Central/state statutory rules makes it obligatory for the Railway to deduct any amount towards sales tax, works contract tax or any other tax, the same will be deducted in addition to the income tax and remitted to concerned authority.

Annexure-B



Date:- Office of the,

DRM, Ambala TENDER CONDITIONS

Approximate cost :- Rs. 86,15,245/- 1 Open/Limited sealed tenders on prescribed form are invited by the Sr. Divl. Sig. &

Telecom. Engineer, Northern Railway Ambala Cantt for and on behalf of President of India, from those contractors who are technically competent to execute the work mentioned as “ Schedule of work”, attached Annexure ‘A’, in the jurisdiction of Sr. Divl. Sig. & Telecomm Engineer, Northern Railway, Ambala Cantt. upto 15.00 hrs. on 09-05-2016 and will be opened soon after, the same day in the office of Sr. DSTE/Ambala.

2 The drawing for the work can be seen/obtained in the Drawing Branch of this Office at any time during office hours. If the copies of the plans are required the same will be supplied on payment of the following amount ( not refundable).

i) Standard Northern Railway Plan unimportant Plan prepared for the works – Rs. 200/- each.

3 Separate tender is to be submitted against each work. 4 The work is required to be completed within the period as specified and shown

against each work. The tender should be on prescribed form obtainable from the office of the Sr. DSTE, N.Rly., Ambala Cantt on payment of Rs. 1000/- for works costing upto Rs. 5 Lakhs (Rs. 1500/- by post), Rs. 2000/- for works costing above Rs. 5 Lakhs and upto Rs. 20 Lakhs (2500/- by post), Rs. 3000/- for work costing above Rs. 20 Lakhs and upto Rs. 50 Lakhs, (Rs. 3500/- by post), Rs. 5000/- for work costing above Rs. 50 Lakhs and upto Rs. 2 Crores (Rs. 5500/- by post), Rs. 10000/- for works costing above Rs. 2 crores and upto Rs.50 crores (Rs.10500/- by post).Rs.25000/- for works costing above Rs.50 crores ( Rs.25500/- by post).

If tender documents downloaded through website, the tenderer should submit the cost of tender with his tender documents in the shape of Demand Draft in favour of Sr. Divisional Finance Manager / Northern Railway, Ambala Cantt, failing which tender document will be rejected.

5 The contractor shall be governed by the following: The N.Rly., Engineering Deptt. General Conditions of contract Regulations and

instructions for tenderers of standard forms of contract (See print 1999) edition together with correction slips issued from time to time corrected upto date.

6 The tenderer/tenderers shall quote their rates with reference to each item and must tender for the items shown in the attached schedule in words as well as figures legibly. In case of variation in rates quoted in words and figures, the rates quoted in words shall be taken as final. The quantities in the schedule are given as guidance and are approximate only and are subject to variation according to the needs of the Railway.

7 Tenders containing erasures and alterations in tender documents are liable to be rejected. Any correction made by the tenderer/tenderers in his/their entries must be attested by him/them. No correction of any type in script of tender form issued by the Railway will be taken notice of. If the contractors wish to stipulate any conditions of his own he would state them in the covering letter of the tender. It should be noted however that the Railway reserves the right not to consider such conditional tenders and reject the same without assigning any reasons.

8 a) The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be as under:-

Value of work ( Tender Value ) EMD



For works estimated to cost upto Rs.1 crore.

2% of the estimated cost of the work.

For works estimated to cost more than Rs.1 crore.

Rs.2 lakhs plus ½% ( half percent) of the excess of estimated cost of work beyond Rs.1 crore subject to a maximum of Rs.1 crore.

b) It shall be understood that the tender documents have been sold/ issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part security for the due and faithful fulfillment of the contract in terms of Clause 16 of the General Conditions of Contract. The Earnest money of other tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

9 Tender should be accompanied by deposit of Rs. 1,72,310/- as Earnest money as shown in tender notice. Earnest money should be in cash or Banker’s Cheques/Demand Drafts executed by the State Bank of India or any of the Nationalized Banks or by a scheduled banks. No confirmatory advice from the Reserve Bank of India will be necessary as per HQ letter No. 74-W/24/Pt-VIII/WA dt. 15.10.2014 in subject to Amendment in Para 5(2) of Part-I of GCC and clause 65.5 to GCC.

10 a) Rs. 1,72,310/- performance of the stipulation to keep the offer open for the period specified below. The tenderer shall hold the offer open for 90 days from the date fixed for opening the tender. It being understood that the tender documents have been sold/issued to the tenderer and the tenderers are being permitted to tender the consideration of the stipulation on his part that after submitting his tender he will not resile from his offer or modify terms and conditions thereof in any manner not acceptable to the Sr. Divl. Sig. & Telecomm Engineer, N.Rly., Ambala Cantt. If the tenderer/tenderers fails/fail to observe or comply with the foregoing stipulation the aforesaid amount shall be liable to be forfeited to the Railway.

b) These receipts should be in favour of Sr. Divl. Finance Manager, Northern Railway, Ambala Cantt.

11 a) The tender form is not transferable. b) If the tenderers deliberately give wrong information in his/their tenders or creates

Circumstances for the acceptance of his/their tenders the Railway reserve the right to reject such tender/tenders at any stage.

12 If the contractor’s firm a dissolved on account of death or retirement of any partner or for any reason whatsoever before fully completing the whole work or any parts of it under taken by the principal agreement the partners shall remain jointly/severally/personally liable to complete the whole work to the satisfaction of the Railway and to pay compensation for loss if sustained by the Railway due to such dissolution. The amount of such compensation shall be decided by the General Manager of the Railway and his decision in the matter shall be final and binding on the contractor.

13 (i) 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.

(ii) 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 Deposits.

Security Deposit shall be returned to the contractor after the physical completion of the work including maintenance period if any 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, then a JA Grade Officer ( concerned with the work ) should issue the certificate. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned shall be obtained.

(iii) No interest will be paid on the earnest money / security deposit or amounts payable to the contractor under the contract.

(iv) Tender unaccompanied by requisites earnest money/ Security deposit would under no circumstances be entertained and be summarily rejected.

(v) If the earnest money is deposited in cash the same should be deposited with the Divisional Cashier, Northern Railway, Ambala Cantt in between 10.30 hrs. to 14.00 hrs. and receipt obtained, should be attached with the tender form.

14 The procedure for obtaining Performance Guarantee is outlined below:- a. The successful bidder shall submit a Performance Guarantee(PG) in the form of

an irrevocable bank guarantee amounting to 5% of the contract value. b. A Performance Guarantee shall be submitted by the successful bidder after the

letter of acceptance has been issued, but before signing of the agreement. The agreement should be signed within 30 days after the issue of LOA and the Performance Guarantee shall also be submitted within this time limit. Extension of time submission of performance guarantee beyond 30 days and up to 60 days from the date of issue of LOA may be given by the competent authority. However a penal interest of 15% per annum shall be charged for the delay beyond 30 days i.e. from 31st day after the date of issue of LOA. In case contractor fails to submit the requisite performance guarantee even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work. This guarantee shall be initially valid up to the stipulated date of completion plus 60 days beyond that. If AMC of the system is a part of the contract ( for which Rly. Shall make payment as per accepted rates) then validity Performance Guarantee submitted as per clause 14(a) above shall be got extended by contractor accordingly for the AMC period. In case, the time for completion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

C. Performance Guarantee shall be released after the physical completion of the work based on the ‘Completion Certificate’ issued by competent authority stating that the contractor has completed the work in all respect 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”. If AMC of the system is part of the contract ( for which Railway shall make payment as per accepted rates) the performance Guarantee submitted as per 14(a) above shall be released after the AMC period is over.



d. Wherever the contract is rescinded, the security deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/partnership firm.

e. The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract ( not withstanding and/ or without prejudice to any 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 contractor 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.

15 Tender must be enclosed in a sealed cover, superscripted tender and must be sent by Registered post to the Sr. Divl. Sig. & Telecomm. Engineer, N.Rly. , Ambala Cantt so as to reach his office not later than 15.00 hrs. 09-05-2016 and will be opened in public immediately after 15.00 hrs. on the same day. In case of any reason the office is closed on the date on which the opening of the tender has been notified these will be deposited in the tender box lying in the office of the undersigned and same will be opened on the next working day.

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

17.

The authority for acceptance of the tender will rest with the Sr. Divl. Sig. & Telecomm. Engineer, N. Rly., Ambala Cantt. who does not bind himself to accept the lowest or any other tender and does not undertake to assign reasons for declining to consider any particular tender or tenders.

18 It shall not be obligatory on the said authority to accept the lowest tender and no tenderers shall demand any explanation for the cause of rejection of his/their tender.

19 a) The contractor shall commence the work within seven days after receipt of acceptance of his tender as per clause 19(2) of General Conditions of contract 1999 edition. ( with latest amendments)

b) The successful tenderers shall be required to execute an agreement with the President of India acting through the Sr. Divl. Sig. & Telecomm. Engineer, N. Rly., Ambala Cantt.within 30 days after the issue of LOA..to carry out the work according to the General conditions of contract 1999 edition standard specification for the materials 1987 edition.

20 It may be specially noted that if a contractor fails to sign the contract Agreement after due acceptance of this tender, he is liable for all the consequences that arise as a result of breach of contract under clause 62 of the General conditions of contract and instructions to tenderers 1999 edition ( corrected up to date).



21 i) If at any time, material which the contractor would normally have to arrange himself is supplied by the Railway either at the contractor’s request or in order to prevent any avoidable delay in execution of work due to contractor’s inability to make adequate timely arrangements for supply thereof, for any other reasons, recovery will be made from contractor’s bill either at market rate prevailing at the time of supply or issue rate which ever is higher at the time or supply plus departmental charges at 2% and supervision charges @ 12%. No carriage charges, incidental charges will be borne by the Railway. The contractor can not however claim as a matter of right the issue of such material by the Railway which he is required to arrange himself in accordance with the terms and conditions of contract.

ii) Cement and mild steel for reinforcement and any other material to be supplied by the Railway will be in such quantities as are actually required for completing the work as approved by the department. Any material found have been issued by the Railway in excess in the actual requirement must be returned within reasonable time at the SSE-Sig/SSE-Tele, ward keepers Store/Godown and stacked as directed by the Engineer, failing which the cost of such material together with all charges etc. leviable according to following rates duly enhanced by the charges mentioned in 21(i) together with all charges etc. leviable according to foregoing clause (ii) above will be recovered from the contractor.

Cement at Rs. ---------------------- per bag of 50 Kgs.

iii) Steel R.S. round and structural steel at Rs. --------------------- per Mtr.

iv) At market rate prevailing at the time of supply or the issue rate which is higher plus departmental charges viz. freight charges at 5% ( 3.33%) for items of steel incidental charges @ 2% and supervision charges @ 12% etc.

22 The empty cement bags for the supply of cement by the Railway shall be the property of the contractor and the cost of the same shall be recovered at the rate of Rs. 2/- empty cement bag from the bill of the contractor. The Railway however, reserves its right to take empty cement bags as are in good condition and in that case no recovery will be made for bags so taken back.

23 Any delay in supplying the material site drawing by the Railway shall not entitle the contractor for any claim or damages, save reasonable extension of period for completion of work in terms of the contract where it is considered necessary.

24 No royalty / terminal, Octroi charges, Sale tax or any other charges /taxes that may be levied or imposed by State Government, Central Govt. or local bodies on any materials will be paid by the Railway. These charges will be paid by the contractor directly.

25 The tenderers should quote their rates on the tender schedule attached as tender form.

26 No load, lift loading, unloading, stacking and freight charges of any kind including hand shunting of wagons will be paid for contractor’s materials. Demurrage charges on the wagons shall be paid by the contractor and it should be his own/obligations to unload the wagons within the free time allowed.

27 The tenderers to note that the Railway material required for execution of the work will be supplied in SSEs store and this will override the notes appearing their respective



chapter on Northern Railway Schedule of rates 1987 and therefore the contactor shall load material from site of delivery to the site of work, free of charges and no load, lift, loading, unloading etc. will be paid for Railway materials.

28 The contractor will have to maintain the work free of cost for the period of One Year from the date of issue of completion certificate by the Engineer Incharge in terms of clause 41 to 51 of Northern Railway General Conditions of contract 1971 edition.

29 The tenderers are advised to visit the site of work and investigate actual conditions regarding nature and conditions of soil, availability of materials, labour, probable sites for labour camps and stores Godwon etc. They should also satisfy themselves as to the source of supply and sufficiency and adequacy for their respective purposes of different materials referred to in the specifications or indicated in the drawings. The extent of load and lift involved in the execution of works should also be examined before formulating the rates for complete items of works described in the schedule.

30 Every possible fluctuation in the rate of labour, materials and general conditions and other possibilities of each and every kind should be considered before quoting the rates and no claim due to any cause whatsoever on this account will be entertained afterwards. Sales tax or any other taxes levied or leviable by the Central Govt. or local bodies shall be borne by the tenderer. No part of such taxes on contractor labour or material will be paid by the Railway.

31 Cement and steel for reinforcement will be supplied by the Railway in accordance with the provision made on this account in the Northern Railway Standard Schedule of rates 1987 edition free of cost except the items wherein rates are inclusive of cost of steel rivets and bolts, cement etc. etc.

32 The item number, description, units and rates given in the schedule, work orders, agreement etc. are based on the standard schedule of rates 1987 edition or latest. Any discrepancies noticed during the execution of the work in the working rates, quantity and units etc. should be corrected by the reference to the printed schedule rates shall be treated as authoritative and binding on the contractors. The relevant notes applicable to the respective chapter will apply to items of the tender schedule and be considered as having been incorporated in the agreement and binding on the contractor unless otherwise specifically mentioned in these conditions.

33 The tenderers are also required to give in a space provided for address in the tender form, their correct address upon which correspondence be made with them. They should also note that all letters, notices etc. issued to them on the address will be deemed to have been delivered to them irrespective of the fact whether they take delivery thereof or not.

34 The contractor shall be responsible for arrangements to obtain supply of water necessary for the work and nothing extra will be paid for the same. At the request of the contractor the Railway may supply part of the whole quantity or water required for the work in terms and conditions embodied in annexure in the Northern Railway Engineering Department standard schedule of rates 1987 edition.

35 The tenderer/Tenderers shall not increase his/their quoted rates in case the Railway administration negotiated for reduction of rates. Such negotiation shall not amount to cancellation or withdrawal of the original offer and the rates originally quoted will be binding on the contractor.

36 The tenderer must sign each page of the tender documents otherwise tender will be summarily rejected.

37 The rate for non schedule items occurring during the course of execution shall be



payable subject to the approval by the competent authority whose decision shall be final and binding on the contractor.

38 The terms and conditions applicable to this contract shall apply to all additional items whether schedule or non-schedule as may be carried out under written orders of the Sr. Divl. Sig. & Telecomm. Engineer/N.Rly., Ambala Cantt in terms of revised clause-39 of the General condition of contract 1971 edition. The tender percentage applicable to the work it self shall also apply to rates based on or derived from the schedule or rates but not to these which have been on current market rates or derived from actual observations.

39 The site inspection register will be maintained by the SSEs on which the contractor will be bound to sign the day to day entry made by SSEs/ADSTE. The contractor is also required to receive all letters, notices etc. issued to his site of work failing which necessary action will be taken as per terms of contract.

40 The contractor shall have to co-ordinate his work with that of other department’s i.e. Electric installation Signalling-interlocking work, which may be allotted to other contractors or done departmentally. No claim of any work being done by the contractor if held up due to hindrance or as a result of any departmental delay in these work shall be entertained.

41 The tenderer/tenderers should note that any person such as Engineer of the Gazetted rank and other Gazetted Officer whether in execution of Administration duties in the S&T department of Northern Railway whether pensionable or non pensionable are not allowed to work as contractors or employees of the contractor within Two years of his/their retirement without prior approval of the competent authority after submission/acceptance of his/their tender. The tender /contract shall be liable to be rejected/terminated for breach of tender conditions under clause 62 of General conditions 1971 edition.

42 In case of concerns consisting of more than one partner wish to tender all documents in support of partnership and constitution of firm including registration deed and power of attorney must be attached. Tenders not accompanied by such documents will not be considered. The tender shall be signed by the individual legibly authorized, or all the partners must after their signature on the tender.

A. Guidelines for submitting tenders by Partnership firms and their eligibility Criteria:-

i The partnership firms participating in the tender should be legally valid under the provision of Indian partnership Act.

ii. Partnership firms are eligible to quote tenders of any value.

iii. The partnership firm should have been in existence or should have been formed perior to submission of tender. Partnership firm should have either been registered with the competent registerar or the partnership deed should have been notarized prior to date of tender opening, as per Indian partnership Act.

iv. Separate indentity/ name should be given to the partnership firm. The partnership firm should have PAN/TAN number in its own name and PAN/TAN number in the name of the any of the constituent partners shall not be considered. The valid constituents of the firm shall be called partners.

v. Once the tender has been sumitted, the consititution of firm shall not be allowed to be modified/altered/terminated during the validity of the tender as well as the currency of the contract except when modification becomes invetable due to succession laws etc, in which case prior permission should be taken from Railway and in any case the minimum eligibility criteria should not get vitiated. The reconstitution of firm in such cases should be followed by a notary certified supplementary deed. The approval for change of constitution of the firm, in any case, shall be at the sole discretion of the Railways and the tenderer shall have no claims what so ever. Any change in the



constitution of partnership firm after opening of tender shall be with the consent of all partners and with the signatures of all partners as that in the partnership deed. Failure to observe this requirement shall render the offer invalide and full EMD shall be forfeited. If any partner/s withdraw from the firm after opening of the tender and before the award of the tender, the offer shall be rejected. If any new partner joins the firm after opening of tender but prior to award of contract, his/her credentials hall not qualify for consideration towards eligibility criteria either individually or in proportion to this hare in the previous firm. In case the tenderer fails to inform Railway beforehand about any such changes/modification in the constitution which is inevitable due to succession laws etc. and the contract is awarded to such firm, then it will be considered a breach of contract conditions, liable for determination of contract under Clause 62 of General Condition of Contract.

vi. A partner of the firm shall not be permitted to participate either in his individual capacity or as a partner of any other firm in the same tender.

vii. The tender form shall be purchased and submitted only in the name of partnership firm and not in the name of any constituent partner. The EMD shall be submitted only in the name of partnership firm. The EMD submitted in the name of any individual partner or in the name of authorized partner(s) shall not be considered.

viii. One or more of the partners of the firm or nay other person(s) shall be designated as the authorized person(s) on behalf of the firm, who will be authorized by all the partners to act on behalf of the firm through “ Power of Attorney”, specifically authorizing him/them to submit & sign the tender, sign the agreement, receive payment, witness measurements, sign measurement books, make correspondences; compromise, settle, relinguish any claim(s) preferred by the firm, sign “ No Claim Certificate” refer all or any dispute to arbitration and to take similar such action in respect of the said tender/contract. Such “Power of Attorney” should be not arised/registered and submitted along with tender.

ix. A notary certified copy of registered or notarized partnership deed shall be submitted along with the tender.

x. On award of the contract to the partnership firm, a single performance guarantee shall be submitted by the firm as per tender conditions. All the guarantee like performance guarantee, guarantee for mobilization advance, plant and machinery advance shall be submitted only in the name of the partnership firm and no splitting of guarantees among the partners shall be acceptable.

xi. On issue of LOA, contract agreement with partnership firm shall be executed in the name of the firm only and not in the name of any individual partner.

xii. In case, the contract is awarded to a partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit before signing the contract agreement.

a. Joint and several liabilities:- The partners of the firm to which the contract is awarded, shall be jointly and severally liable to the Railway for execution of the contract in accordance with general special condition of the contract. The partners shall also be liable jointly and severlly for the loss, damages caused to the Railway during the course of execution of the contract or due to non-execution of the contract or part thereof.

b. Duration of the partnership deed and partnership agreement: The partnership deed/partnership firm agreement shall normally not be modified , altered, terminated during the currency of contracy of contract and maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by parterners in the constitution of the firm without permission of Railway/ shall constitute a breach of contract liable for determination of contract under clause 62 of general condition of contract.



c. Governing laws :- The partnership firm agreement shall in all respect be governed by and interpreted in accordance with the Indian laws.

d. No partner of the firm shall have the right to assign or transfer the interest right or liability in the contract without the written consent of the other partners and that of the Railway in respect of the tender/contract.

xiii. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership concern. The following docudments shall be submitted by the partnership firm, with the tender:-

a. A copy of registered / notarized partnership deed duly authenticated by notary.

b. Power of attorney duly stamped and authorized by a notary public or by a magistrate from all partners of the firm in favour of one or more partner(s) or any other person(s) as detailed in para (viii) above.

c. An undertaking by all partners of the the partnership firm shall be given that they have not been blacklisted or debarred by Railways or any other Ministry/Department of the Govt. of India/any State Govt. from participation in the tender/contract on the date of opening of bids either in their individual capacity or in any firm in which they were/are partners. Concealment /wrong information in regard to above shall make the contract liable for determination under clause 62 of general conditions of contract- 1999.

xiv. Evaluation of eligibility of a partnership firm. Techincal and financial eligibility of the firm shall be adjudged based on satisfactory fulfillment of the following conditions:

i. Technical eligibility criteria: - The tenderer should satisfy either of the following criteria:-

a) The partnership firm shall satisfy the full requirement of technical eligibility criteria (defined in para 55(4) (a), (c), (d) & (e) of tender conditions) in its own name and style:

OR b) In case of partnership firm does not fulfill the technical eligibility criteria in its own name and style, but one of its partners has executed a work in the past either as a sole proprietor of a firm or as a partner in a different partnership firm, then such partner of the firm shall satisfy the technical eligibility criteria (defined in para 55(4) (a), (c), (d) & (e) of tender conditions) on the basis of his/her proportionate are in that proprietorship/ partnership firm reduced further by his/her percentage share in the tendering firm.

ii. Finanicial eligibility criteria:- The tenderer shall satisfy either of the following criteria:-

a) The partnership firm shall satisfy the full requirement of the financial eligibility criteria (defined in para 55(4) (b) of tender conditions) in its own name and style.

OR b) In case the partnership firm does not fulfill the financial eligibility criteria in its own name and style, but one or more of its partners have executed a work / contract in the past either as a sole proprietor or as partner in a different firms, then the arithmetic sum of the contractual payments received by all the partners of the tendering firm, derived on the basis of their respective proportionate share in the such firms reduced further by their respective percentage share in the tendering firm, shall satisfy the full requirements of the financial eligibility criteria (defined in para 55(4) (b) of tender conditions).

Example on Evaluation of Technical & Financial Eligibility of Partnership Firm A tendering partnership firm “ABCD” has four constituent namely ‘A’, ‘B’, ‘C’ & ‘D’ with their respective shares as 40%, 30%, 20% & 10%, but this firm has not executed any work in its own name and style. However, the constituent partners have executed the



work in earlier partnership firm(s) or as sole proprietor as under:- (i) Partnership firm “ABZ” having three partners namely ‘A”, “B” & “Z”

with respective shares of 10%, 20% & 70%, has executed a work of value Rs.10.00 crores earlier.

(ii) Partnership firm “CYX” having three partners namely ‘C”, “Y” & “X” with respective shares of 50%, 30% & 20% has executed a work of value Rs.5.00 crores earlier.

(iii) Sole proprietorship firm “P” having “D” as sole proprietor has executed a

work of value Rs.2.0 crores earlier.

The evaluation of technical and financial eligibility of tendering firm “ABCD” shall be done by taking proportionate share of credentials of partners A, B, C and D derived from their earlier partnership firms to be reduced further by their percentage share in the tendering firm as calculated in table below”-

1 2 3 4 5 Partners Credentials of “A”

& “B” derived from firm “ABZ” which has executed work of Rs.10.00 cr.

Credentials of “C” derived from firm “CYX” firm which has executed work of Rs.5.00 cr.

Credentials of “D” derived from Proprietorship firm “P” which has executed work of Rs.2.00 cr.

Contribution of “A”, “B”, “C” & “D” to credentials of tendering firm “ABCD”

% share in firm “ABZ”

Proportionate credentials

% share in firm “CYZ”


% share in firm “P”


% share in “ABCD”

Proportionate contribution of “ABCD”

A 10% 10% of 10 Cr.= 1.0 Cr.

- - - - 40% 40% of 1 Cr.=0.4 Cr

B 20% 20% of 10 Cr.= 2.0 Cr.

- - - - 30% 30% of 2 Cr. = 0.6 Cr..

- 50% 50% of 5 Cr.= 2.5 Cr.

- - 20% 20% of 2.5 Cr.= 0.5 Cr.

D - - - - 100% 100% of 2 Cr.= 2.0 Cr.

10% 10% of 2 Cr.=0.20Cr.

Evaluation of Technical Eligibility:- Any one of partners of “ABCD” tendering firm viz A, B, C or D should satisfy the technical eligibility criterion on the basis of his/her proportionate share of credential in the earlier partnership firm reduced further by his percentage share in the tendering firm. As calculated in above table, the contribution of partners A,B,C & D towards the credentials of tendering firm “ABCD” will be taken as Rs.0.40 Cr., Rs.0.60 Cr., Rs.0.50 Cr., 0.20 Cr respectively. Thus, in this example the firm “ABCD” is deemed to have executed one single work of maximum value of Rs.0.60 Cr., for the purpose of technical eligibility criteria. Evaluation of Financial Eligibility:- The arithmetic sum of the contribution of all the partners of tendering firm “ABCD” derived on the basis of their respective proportionate share in the earlier partnership firms reduced further by their respective percentage share in the tendering firm, in this example will be taken as Rs.1.70 Cr.( i.e.



A+B+C+D= 0.40+0.60+0.50+0.20= 1.70 Cr.). Thus, in this example the firm “ABCD” is deemed to have received contractual payments of Rs.1.70 Cr. For the purpose of financial eligibility criteria. B Modified Clause 2.4.1 (in replacement to the existing clause)

The tenderer/s who are constituents of firm, company, association or society must necessarily enclose the attested copies of the constitution of their concern, partnership deed and power of attorney along with their tender. Tender documents in such cases are to be signed by such persons as may be legally competent to sign them on behalf of the firm, company, association or society as the case may be. The co-operative societies must like wise submit a attested copy of their certificate of registration along with the documents as above mentioned. The tenderer shall give full details of the constitution of the firm/JV/company/society etc in the “Top Sheet” as well as in Annexure-D to “Special Tender Conditions and instruction to tenderers” of tender document and must submit the following documents along with tender without fails:-

(A) Sole Proprietorship firm: If the tender is submitted on behalf of a “Sole proprietorship” concern, the tenderer must submit along with the tender, the notarized copy of the affidavit for the same.

(B) Partnership firm:- If the tender is submitted on behalf of a “partnership fir/concern the tenderer must submit along with the tender, the attested copy of (i) registered/notarized partnership deed and; (ii) the power of Attorney/authorization in favour of the individual signing the tender.

(C) Joint venture(JV) If the tender is submitted on behalf of a JV, the tenderer must submit alongwith the tender,

(1) Original copy of MOU/JV agreement duly notarized in accordance with the annexure K-1 to “Special Tender conditions and instructions to tenderers” of tender document, duly signed by the Power of Attorney (POA) holders/authorized signatories of all the constituents/members of the JV.

(2) Valid power of attorney/authorization by all JV constituents, in favour of the individual signing of the tender document on behalf of the JV; and

(3) In addition, following documents must be enclosed by the JV firms along with the tender:-

(i) In case one or more of the members of the Jv firm is /are partnership firms(s), following documents shall be submitted.

(a) Notary certified copy of the partnership deed.

(b) Consent of all the partners to enter into the Joint Venture Agreement on stamp paper of appropriate value (in original).

(c) Power of Attorney (duly registered or notarized as per prevailing law) in favour of one of the partners of the partnership firm to sign the JV MOU/Agreement on behalf of the partnership firm and create liability against the firm.

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

(iii) In case one or more members of JV is/are limited companies, the following documents shall be submitted:

(a) Notary certified copy of resolutions of the Directors of the company, permitting the company to enter into a JV agreement, authorizing MD or one of the Directors or Managers of the company to sign JV MOU/ Agreement and such other documents required to be signed on behalf of the company and enter into liability against the



company and /or do any other act on behalf of the company.

(b) Copy of Memorandum and Articles of Association of the company.

(c) Power of Attorney (duly registered/notarized as per prevailing law) by the company authorizing the person to do/act on behalf of the company as mentioned in the para (a) above.

(D) Company: If the tender is submitted on behalf of a company registered under companies Act-1956, the tenderer must submit along with the tender, (1) the copies of MOA (Memorandum of Association) & AOA (Article of Association) of the company; (2) POA (Power of Attorney) duly registered/notarized by the company (backed by the resolution of Board of Directors) in favour of the individual signing the tender on behalf of the company.

(E) Society: If the tender is submitted on behalf of a society the tenderer must submit along with tender (1) the attested copy of the certificate of registration (2) Deed of formation (3) Power of Attorney in favour of the tender signatory.

2.4.1 If above mentioned documents as applicable) are not enclosed along with tender documents, the tender shall be treated as having been submitted by individual who has signed the tender documents. After opening of the tender, any documents pertaining to the constitution of the firm/JV/society 9as applicable), shall neither be asked nor be entertained/considered under any circumstances and no claim or representation whatsoever from the tenderer in this regard shall be entertained. No change in the constitution of the firm/JV/company shall be permitted after opening of the tender except where necessitated due to the succession law. The “Power of Attorney” in favour of the individual signing the tender document may however be accepted subsequently, if acceptable reasons are furnished for the same. “JV/consortium/MOUs” shall be considered only where permissible in the tender conditions”.

43 i) Contractor(s) executing the works adjacent to the existing Railway track for e.g. doubling, gauge conversion, yard remodeling etc. will take all care for avoiding any damage to the underground /OH services such as S&T cables, electric cables/ wires, pipelines/ sewer lines etc. They must ensure that the work is started after obtaining clearance in writing from the Engineer-in-charge regarding the route for signalling / Electrical cables/ Water supply/ sewer lines etc. However, if any damage occurs during execution, he will immediately report the same to the Engineer-in-charge and stop the work further till clearance for restarting the work is given by the Engineer-in-charge. It may be further noted that if it is proved that damage is occurred due to the negligence on the part of the contractor, the cost of the damage will be recovered from him /them. The decision of Engineer-in-charge will be final and binding upon the contractor(s).

ii) Fencing at work: Contractor (s) while executing the work of gauge conversion/ doubling, yard remodeling etc. shall provide suitable fencing /barricading to protect/segregate the existing Railway line from any damage and un-toward incident, as per the directions or plan approved by Engineer-in-charge. The payment for barricading/ fencing shall be paid under the relevant NS item as given in the schedule.

iii) During execution of the work, contractors shall ensure that all safety precautions are taken by their men to protect themselves and site to prevent any untoward incident. In this regard contractor will ensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band, rope. ladders emergency light etc. are



available at site before the work is actually started. The above list is only indicating and is not exhaustive and safety item will be arranged as per the requirement. Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall be entertained in this regard. Decision of the Engineer-in-charge will be final and binding upon the contractor. The cost of all the safety gear is deemed to have been included in the rates quoted and nothing extra is payable under this contract.

iv) The Contractor shall not allow any road vehicle belonging to him or his suppliers etc. to ply in railway land next to the running line. If for execution of certain works viz. earth work for parallel railway line and supply of ballast for new or existing rail line gauge conversion etc. road vehicles are necessary to be used in railway land next to the railway line, the type and shall apply to the Engineer-in-charge for permission giving the type and no. of individual vehicles, names and license particulars of the drivers, location, duration and timings for such work /movement. The Engineer-in-charge or his authorized representative will personally counsel, examine and certify the road vehicle drivers, contractor’s flagman and supervisor and will give written permission giving names of road vehicle drivers, contractor’s flagman and supervisor to be deployed on the work ( at the cost of contractor), location, period and timing of the work. This permission will be subject to obligatory conditions such as timings of operation of vehicles, the minimum distance to be maintained from track, supervisors and other staff to be provided by contractor, markings to be made ( at the cost of contractor ), fencing or barricading to be provided, lighting arrangements of site to be made ( at the cost of contractor ) or any other condition necessary for work imposed by Engineer-in-charge.

v) The contactor shall remain fully responsible for ensuring safety and in case of any accident, shall bear cost of all damages to his equipments and men and also damages to railway and its passengers.

44 i) The contractor shall comply with the provisions of the contractor labour ( Regulations and adelition) Act. 1971 and the modified from time to time, whatever applicable and shall also indemnify the Railway against any claims under the aforesaid act and the rules.

ii) The contractor shall pay to labour employed by him directly or through sub-contractor act on the wages as per provisions of the aforesaid act and the rules wherever applicable. The contractor shall not withstanding the provisions of the contract to the contrary cause to the paid wages to labour indirectly engaged on the work including any engaged by him/his sub-contractor in connection with the said work, as if the labour has been immediately employed by him.

iii) In respect of all labour directly or indirectly employed on the work for performance of the contractor’s part of the contract the contractor shall comply with the cause, to the complied with the provisions of the aforesaid act and the rules wherever applicable.

iv) In every case in which, by virtue of the provision of the aforesaid act of the rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure in providing Welfare and health amenities required to be provided under the aforesaid act of the rules or to incur any expenditure on account of the contingent liability of the Railway due to the contractor’s failure to fulfill his statutory obligations under the aforesaid act of the rules the railway will recover from the contractor, the wages so



paid or the amount of expenditure so incurred, and without prejudice to the rights of the Railway under Section 20 Sub. Section (2) and section 21 sub-section (4) of the aforesaid act, the Railway shall not be bound of content any claim made against it under sub-section (1) of section 20 and sub-section (4) of section 21 of the aforesaid act except of the written request of the contractor and upon his going to the Railway might become liable in contesting all costs for which the Railway might become liable in contesting such claims. The decision of the Railway regarding the amount actually recoverable from the contractor as stated above shall be final and binding on the contractor.

45 i) The contractor shall not employ children below the age of 15 years as labourers directly or through petty contractor of sub-contracts for the execution of the work.

ii) The contractor shall not employ a person above 15 years and below 19 years of age for the purpose of executing work under this contract unless a Medical Certificate of fitness on the prescribed from (Annexure-I) granted to him by a certifying that he is fit to work as an adult is obtained and kept in the custody of the contractor, or a person nominated by him in this behalf and the person carries with him, while at work a token giving a reference to such certificates. It is further agreed that any sum due by the Railway to the contractor whether under the contract or otherwise the Railway shall for having the adolescent examined medically at the time of appointment or Periodically till he attains the age of 19 years shall developed entirely on the contractor and all the expenses to be incurred on this account shall be borne by him and no fee shall be charged from the adolescent or his parent for such medical examination.

iii) Medical re-examination of labour:- When any official appointed in this behalf by the Ministry of labour is of the opinion that any person employed in connection with the execution of any work under this contract in the age groups 15-19 years is without a certificate of fitness or his behaving a certificate of fitness, but no longer fitness is work in the capacity stated in the certificates, he may served on the contractor or on the person nominated by him in this regard, a notice requiring that such person shall not if the concerned official so directs the employees or permitted to do any work under this contract unless he has been medically fitness or a fresh certificate of fitness as the case may be examined and certified that he has been medically examined and certified that he has been granted a certificate. Explanation:- Only qualified medical practitioners can be appointed as “Certifying Surgeon” and the terms qualified Medical practitioners means a person holding a qualification granted by an authority specified in the schedule to the Indian Medical Degree Act, 1916 ( VII of 1916) of the schedule of the Indian Medical Council act, 1933 ( XXVII Act, 1933). The certifying Surgeon may be Medical Officer in the service of State or Municipal Corporation

Certification of Fitness Annexure-I 1 a) Serial No.

Date b) Serial No. Date

2 Name of person examined. I certify that I have personally examined Name------------------------------------------------S/O Sh. -------------------------------------------Residing at ---------------------------------------- who is desired of being employed in a factory or any work requiring manual labour and that his/her age as nearly as can be. Certified from ------------------------------years and that he/she is fit for employment in a factory or on a work

3 Father’s Name 4 Sex 5 Residence 6 Date of birth if available and or

certified age. 7 In identification marks. 8 Reasons for



a) Refusal to grant certificate. requiring manual labour as an adult child. His/her identification marks are:

b) Revoking the certificate. Sig. or left thumb impression of the

person examined.

Initial of Certifying Surgeon Sig. of certifying Surgeon. 46 The work shall be done strictly in accordance with the approved drawing and no departure

shall be made by the contractor without the clemency of weather, flood etc. due to any other cause un till the work is taken over.

47 The contractor shall arrange his own plants such as concrete mixture, Trenchless boring machine and vibrations of concreting etc.

48 The contractor will be required to give no claim certificate at the time of signing the final bill.

49 Subject as otherwise provided in this contract all notices to be given on behalf of the President of India and all other actions is to be taken on his behalf may be given or taken on his behalf by the Sr. Divl. Sig. & Telecomm. Engineer, Northern Railway, Ambala Cantt.

50 (i) Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

(ii) In case of increase in quantity of an individual item by more than 25% of the agreement quantity is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender is considered not practicable, negotiations may be held with the existing contractor for arriving at reasonable rates for additional quantities i.e. excess of 125% of agreement quantity. (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. 1. Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in tender. 2. Quantity operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in the tender. 3. Variation in quantities of individual items beyond 150% will be prohibited and would be permited 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 the 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.

(iii) In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items up to 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 rank of S.A. 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.

(iv) The limit for varying quantities for minor value items shall be 100% ( as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

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

(vi) As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the



rate ( single percentage rate or individual item rate).

1.2 The enlargements, extension, dimension, alterations of additions referred to in sub. clause (2) of this clause shall agree affect the validity of the contract but shall be formed by the contractor as provided therein and be subject to the same conditions, stipulations, and obligations as if they had been originally and expressly included and provided for the specifications and drawings and the amount to be paid therefore shall be calculated in accordance with the accepted schedule of rates. Any extra item/quantities of work falling out side the purview of the provisions of sub-clause (2) above shall be paid for at the rates determined under revised clause (2) of General conditions, 1999 edition.

51 The tenderers to note that payment for the work done will be made to them only after the normal agreement has been accepted between the parties.

52 ‘No Claim Certificate” furnished by the contractor does constitute special agreement whereby he owns, admits and acknowledge that no money is due to him in connection with execution of that particular contract by him. This contractor has given a “ No Claim “ certificate and his final bill has been finalised and paid. The contractor can not turn round and ask for more payment even if past audit record shown that he has been paid less.

53 In case the overall value of tender by public sector undertaking of the State or Central Government is put 10% higher than the lowest tender of private tenderer, the Railway reserve the right to give preference to the tender of such public sector undertaking ignoring the lower tenders.

54 “ The successful tenderer on award of contract will have to furnish contractors Bank Account number and name of Bank against which all payments in respect of the contract during the currency of contract shall be made.”

55 Income Tax @ 2% ( 20% in case of non availability of PAN Number) and surcharge on income tax @ 12% and Sales Tax (if applicable) @ 4% will be deducted from the payment of the work. These Taxes will be deducted as per prevailing rates and rules. The tenderer should provide a copy of PAN Number with the tender.

Note:-

1 No special conditions will be accepted from the tenderer.

2 Inspection charges of RDSO/RITES etc. will be borne by the Railway..

3.(a) Tenders for Works costing less than and upto Rs.50 Lakhs.

“ Eligibility Criteria:

(i) The tenderer(s) shall be eligible only if he/ they fufull Eligibility Criteria of having received total contract amount during the last three financial years and in the current financial year with a minimum of 150% of the advertised tender value.

(ii) Authentic Certificates shall be produced by the tenderer(s) to this effect which may be an attested certificate from the employer/ client, Audited Balance Sheet duly certified by the Chartered Accountant etc.”

(iii) No post tender correspondence for submission of additional shall be entertafined after opening of the Technical & Commercial offers. Even suo-moto post tender letters of the tenders shall be treated as NULL & Void.

3.(b) Tenders for Works costing above Rs.50 Lakhs.



i) Only Tenderers having experience of S&T works should apply. The details of the S&T works executed and a certificate regarding satisfactory execution of the works from the authority under whom the work was executed must be attached with the tender):

ii) As a proof of experience/competency, the tenderers should have successfully completed at least one work of similar nature for a minimum value of 35% of advertised cost of the tender during last 3 financial years and in the current financial year.

iii) As a proof of sufficient financial and organizational resources, contractor should have received total payment against satisfactory execution of all completed/ongoing works of all types ( not confined to only similar works) during last three financial years and in the current financial year of value not less than 150% of the advertised cost of works.

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

v) The total value of similar nature of works completed during the qualifying period, and not the payments received within qualifying period alone, should be considered.

vi) In case, final bill of similar nature of work has not been passed, paid amount including statutory deductions is to be considered if final measurements have not been recorded OR if final measurements have been recorded and work has been completed with negative variation. However, if final measurements have been recorded and work has been completed with positive variation but variation has not been sanctioned, original contractual value of work should be considered for judging eligibility.

vii) In the case of composite, works involving combination of different works, even separate completed works of required value should be considered while evaluating the eligibility criteria. For example, in a tender for bridge works where similar nature of work has been defined as bridge works with pile foundation and PSC superstructure, a tenderer, who had completed one bridge work with pile foundation of value at least equal to 35% of tender value and also had completed one bridge work with PSC superstructure of value at least equal to 35% of tender value, should be considered as having fulfilled the eligibility criterion of having completed single similar nature of work.

Sr. Divl. Sig. & Telecom. Engineer, Northern Railway, Ambala Cantt.

for and on behalf of President of INDIA

I/We agree to abide by the above terms and conditions as well as General conditions by

contract regulations and instruction for tenderers and standard form of contract 1971 edition (Corrected upto date) standard specifications for materials and works 1987 edition ( Corrected upto date) Northern Railway Engineering Deptt. standard schedule of Rates 1987 edition ( Corrected upto date) as applicable to Delhi/Ambala Division.

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