page 1 of 49 northern railway

49
Page 1 of 49 NORTHERN RAILWAY www.nr.indianrail.gov.in Northern Railway TOP SHEET (A) Details to be filled in by Railway: Tender Notice No. 197-S-153-OBHS-STB-14-MCIV Full Name of work OBHS in Shatabdi Express Trains based in Delhi division Total Estimated Tender Value Rs. 2,76,80,181/-(Including Service Tax) Total Estimated cost of work Rs.2,66,90,497.60 (Without provision of service Tax) Completion Period 03 Years Earnest Money amount Rs. 2,88,400/- Cost of Tender Form Rs. 10,000/- (Non-refundable) Last date/Time of receipt of Tenders 27.02.2015 up to 15:00 Hrs. Date & time of opening 27.02.2015 at 15:15 Hrs. Name and address of tenderer to whom the tender was sold (if purchased from office) (B) Mandatory details to be filled in by tenderer while submitting their offer: 1 Constitution of the film/ concern (Tick as applicable) Sole Proprietorship/ Partnership Firm/ Company/ Society 2 Full name of Sole Proprietorship/ Partnership firm/ company/ 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 etc. 8 Details of EMD submitted Note : (i) Special attention of tenderers is drawn to clause A.1 (c) of “instruction to tenderers”, as per which the tenderer must submit along with tender, the documents mentioned therein pertaining to constitution of firm/ concern. (ii) Special attention of tenderers is drawn to “Spl. tender condition & instruction to tenderers”, as per which they should submit the requisite documents along with tender pertaining to their technical & financial eligibility.

Upload: others

Post on 10-Jan-2022

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Page 1 of 49 NORTHERN RAILWAY

Page 1 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Northern Railway

TOP SHEET (A) Details to be filled in by Railway: Tender Notice No. 197-S-153-OBHS-STB-14-MCIV Full Name of work OBHS in Shatabdi Express Trains based in Delhi

division Total Estimated Tender Value Rs. 2,76,80,181/-(Including Service Tax) Total Estimated cost of work Rs.2,66,90,497.60 (Without provision of service Tax) Completion Period 03 Years Earnest Money amount Rs. 2,88,400/- Cost of Tender Form Rs. 10,000/- (Non-refundable) Last date/Time of receipt of Tenders

27.02.2015 up to 15:00 Hrs.

Date & time of opening 27.02.2015 at 15:15 Hrs. Name and address of tenderer to whom the tender was sold (if purchased from office)

(B) Mandatory details to be filled in by tenderer while submitting their offer: 1 Constitution of the film/ concern (Tick as

applicable) Sole Proprietorship/ Partnership Firm/ Company/ Society

2 Full name of Sole Proprietorship/ Partnership firm/ company/ 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 etc. 8 Details of EMD submitted Note : (i) Special attention of tenderers is drawn to clause A.1 (c) of “instruction to tenderers”, as

per which the tenderer must submit along with tender, the documents mentioned therein pertaining to constitution of firm/ concern.

(ii) Special attention of tenderers is drawn to “Spl. tender condition & instruction to tenderers”, as per which they should submit the requisite documents along with tender pertaining to their technical & financial eligibility.

Page 2: Page 1 of 49 NORTHERN RAILWAY

Page 2 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Index:

S. No. Item From Page No. To Page No.

1 Top Sheet 1 1

2 Index 2 2

3 Letter to Tenderer 3 4

4 Declaration Form 5 5

5 Instructions to Tenderers/s and ELIGIBILITY CRITERIA

6 10

6 Form for Agreement 11 11

7 General Conditions of Contract 12 23

8 Special Terms & Conditions of contract 24 29

9 Detailed scope of work (Annexure-I) 33 30

10 Work Resource Specifications (Annexure-II) 31 34

11 List of Train, Schedule maintenance (Annexure-III)

35 35

12 Feed Back Form (Annexure-IV) 36 36

13 Work Evaluation and Work station hours (Annexure-V)

37 37

15 List of consumables and cleaning agents (Annexure-VI)

38 38

16 Format of Travelling Authority (Annexure-VII)

39 39

17 Format of attendance (Annexure-VIII) 40 40

18 Electronic Clearing Service Model Mandate Form (Annexure-IX)

41 41

19 Deviation Schedule (Annexure-X) 42 42

20 Constitution of Firm (Annexure-A) 43 43

21 Guidelines for submitting tenders by Partnership Firms (Annexure K-2)

44 47

22 Offer Form (Schedule Of Rates) 48 49

Note: 1. Cost of tender form is Rs. 10,000/-. In case of down loaded form, cost of the tender

form shall be submitted along with the offer and that may be in the form of money receipt deposited in the Railway station earning/Pay order/Demand draft in favour of Sr. DFM/Northern Railway, New Delhi. No tender will be considered if not accompanied by requisite cost of tender document as specified.

2. Tender sets/form shall be provided free of cost to MSEs (Micro and Small Enterprises) registered with any of the following. (i) District Industries Centres, (ii) Khadi and Village Industries Commission, (iii) Khadi and

Village Industries Board, (iv) Coir Board, (v) National Small Industries Corporation, (vi) Directorate of Handicraft and Handloom and (vii) Any other body specified by Ministry of MSME.

The MSEs must also indicate the terminal validity date of their registration.

Page 3: Page 1 of 49 NORTHERN RAILWAY

Page 3 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Letter to Tenderer

Northern Railway Delhi Division,

DRM Office, State Entry, New Delhi To, M/s __________________________ Sub: Tender For “OBHS in Shatabdi Express Trains based in Delhi division” for three

years

Dear Sir, 1. Tender forms with tender conditions and Agreement for the above noted contract are

enclosed. 2. Tender is on two packet system.

3. Packet “A” (Technical Bid) will contain cost of tender form, earnest money, technical

details, credentials for technical eligibility and other related documents. All these will be kept in a sealed cover and packet marked “Packet-A containing Technical Details for “OBHS in Shatabdi Express Trains based in Delhi division” for three years and the name of tenderer.

4. Packet “B” will contain financial bid of tenderer. This will be kept in a separate sealed

envelope and marked “Packet-B containing Financial Bid for “OBHS in Shatabdi Express Trains based in Delhi division” for three years and name of tenderer.

5. Both the envelopes will again be put in a big sealed envelope and will be marked Tender for “OBHS in Shatabdi Express Trains based in Delhi division” for three years.

6. Tender should be addressed to Divisional Railway Manager (Mechanical), Northern

Railway, Delhi and submitted in a sealed cover as indicated above. 7. Tender will be received in a sealed tender box kept in this office in nominated room for

opening this tender up to 15:00 Hrs on 27.02.2015. Tender box will be sealed at 15:00 Hrs on same date and sealed tender box will be opened by nominated officers at 15:15 Hrs on same date. Names of all tenderers will be announced immediately thereafter. Tenderers are advised that if they so desire, they can send their authorized representatives to witness the opening of tender. Tender received after closing of tender box will not be considered.

8. No tender will be considered if the requisite earnest money deposit and cost of tender

document as specified are not submitted with Packet “A”.

9. The contents of the technical bid (Packet A) will be scrutinized by the nominated tender committee and Packet “B” of those tenderers whose tenders are considered complete/technically suitable will be opened afterwards, the date and time of which will be communicated to the concerned tenderer by Shatabdi/letter.

Page 4: Page 1 of 49 NORTHERN RAILWAY

Page 4 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

10. In case the Technical offer submitted by any of the tenderer is not found suitable, the

financial bid of such tenderer will not be opened and the same will be returned to such tenderer/s and earnest money submitted will be refunded.

11. The successful tenderer will have to start work within the stipulated period, failing

which the earnest money deposited shall be forfeited and action taken by Railway as deemed necessary.

12. The Railway Administration reserves the right to reject any or all the tenders without

assigning any reason whatsoever or to accept any tender with a lower offer. 13. This tender form is non-transferable.

Sr. Divisional Mechanical Engineer (Chg.) Northern Railway, Delhi

Page 5: Page 1 of 49 NORTHERN RAILWAY

Page 5 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Tender Form No.: 197-S-174-OBHS-ME-14-MCIV

Declaration Form (First sheet)

The President of India, Acting through Sr.DME/ Chg., N.Rly, DRM’s Office, State Entry Road, New Delhi. Sub: Tender For “OBHS in Shatabdi Express Trains based in Delhi division” for three

years.

1 I/ we _______________________________________________ have read various conditions of tender attached here to and hereby agree to abide by the said conditions. I/we also agree to keep this tender open for acceptance for a period of 180 (One Hundred Eighty) days from the date fixed for opening the same and in default thereof I/we will be liable of forfeiture of my/our ‘earnest money’ deposit. I/we offer to do the work for the above-mentioned subject tender at the rates quoted in attached schedule and hereby/bind myself/ourselves to complete the work within stipulated period from the date of issue of the acceptance of the tender. I/we also hereby agree to abide by the general and special conditions of contract and to carry out the work according to the specifications or works laid down by the Railways for the present contract.

2 A sum of Rs. 2,88,400/- herewith forwarded as earnest money shall be forfeited without prejudice to any other rights or remedies, if –

a) I/we do not execute the contract documents within 7 days after receipt of notice issued by the Railways that such documents are ready and

b) I/we do not commence work within 15 days after receipt of orders to that affect. c) I/we resile from my/our offer or modify the terms and conditions thereof in a manner not

acceptable to Northern Railway during a period of 180 (One Hundred Eighty) days from the date opening of tender.

3 The amount of Earnest Money in the form of cash lodged with Chief Cashier, Northern

Railway, New Delhi vide Cash Receipt No. __________ Dated _________ or deposited in the form of Banker's Cheques/ Demand Drafts, in favour of “Senior Divisional Finance Manager, N.Rly., New Delhi” is attached. I/we have clearly noted that the Earnest money will be acceptable in the above forms only.

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

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

Signature of Tenderer

Name & Signature of witnesses : Full Name of the tenderer: Name of the Firm :

Date : Address:

Contact Number: Mobile No.

Page 6: Page 1 of 49 NORTHERN RAILWAY

Page 6 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

C&W DEPARTMENT, DELHI DIVISION

GENERAL TENDER CONDITIONS AND INSTRUCTION TO TENDERER/S TENDER PAPER NO. 197-S-174-OBHS-ME-14-MCIV Name of work: “OBHS in Shatabdi Express Trains based in Delhi division” for three

years. A. INSTRUCTIONS TO TENDERER/S

1. Submission of offers: i) The tenderer shall clearly specify whether the tender is submitted on his own or on

behalf of a Partnership Firm/Joint Venture (JV)/Society etc. The tenderer(s) who is/are constituents of firm, company, association or society shall enclose self-attested copies of the constitution of their concern, Partnership deed and power of attorney along with their tender. Tender documents in such cases shall 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.

ii) The tenderer shall give full details of the constitution of the Firm/JV/Company/Society etc. and shall also submit following documents (as applicable), in addition to documents mentioned above:

a) Sole Proprietorship firm: The tenderer shall submit the notarized copy of the affidavit.

b) Partnership firm: The tenderer shall submit self-attested copies of (i) registered/notarized Partnership Deed and (ii) Power of Attorney duly authorizing one or more of the partners of the firm or any other person(s), authorized by all the partners to act on behalf of the firm and to submit & sign the tender, sign the agreement, witness measurements, sign measurement books, compromise/settle/relinquish any claim(s) preferred by the firm, sign 'No Claim Certificate, refer all or any dispute to arbitration and to take similar action in respect of all tenders/contracts OR said tender/contact.

c) Joint Venture (JV): The tenderer shall submit documents as mentioned in relevant Clause (65) to GCC. However in terms of Railway Board letter no.2002/CE-I/CT/37 dated 14/12/2012, “Joint Venture Firms” shall be applicable to the works tenders of value more than Rs.10 crore (Rupees Ten Crore Only). “JVs/ Consortiums/MOUs” shall accordingly not be considered in this tender.

d) Company registered under Companies Act: 1956, The tenderer shall submit (i) the copies of MOA (Memorandum of Association) and AOA

(Article of Association) of the company; and (ii) 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: The tenderer shall submit (i) self-attested copy of the Certificate of Registration, (ii) Deed

of Formation and (iii) Power of Attorney in favour of the tender signatory.

Page 7: Page 1 of 49 NORTHERN RAILWAY

Page 7 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

iii) If it is mentioned in the tender that it is being submitted on behalf of/ by a sole Proprietorship Firm/ Partnership Firm/ Joint Venture/Registered Company etc. but above-mentioned document/s (as applicable) are not enclosed along with tender, the tender shall be summarily rejected.

If it is NOT mentioned in the tender that it is being submitted on behalf of/ by a Sole Proprietorship Firm/ Partnership Firm/ Joint Venture/ Registered Company etc., then the tender shall be treated as having been submitted by the individual who has singed the teneder.

After opening of the tender, any document pertaining to the Constitution of the Firm/JV/ Society etc. shall neither be asked nor be entertained/ considered.

iv) A tender from JV/ Consortium/Partnership Firm etc. shall be considered only where permissible as per the tender conditions.

v) 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 submission of tender. it may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

vi) No change in the constitution of the firm/ 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.

vii) All prices/rates and other information like document sets having a bearing on the rates shall be written both in figures and words in the prescribed offer form.

viii) All offers shall be either type written or written neatly in indelible Ink.

ix) Offers shall be as per the Indian Railways General and Special conditions of contract.

x) In case of any deviation from the requirement of tender specifications. Instructions to Tenderers or General & Special Conditions of Contract, the same should be brought out by the tenderer in the offer as per Annexure-X. Tenderers may note that it is not obligatory of Railway to accept the deviations.

xi) All the copies of annexure enclosed with the tender paper should be duly filled in by the tenderer and submitted along with the tender duly signed and stamped on each page.

xii) The tenderer should avoid ambiguity in his offer e.g. if his offer is to his standard sizes/lengths/dimensions. He should specifically state them in details without any ambiguity. Brief descriptions such as “Standard lengths” etc. should be avoided in the offer.

xiii) The tender documents consist of Declaration form (first sheet), General conditions relating to tender/s, special conditions and instructions and specifications, detailed scope of work & format for offer of rates. All of these must be submitted as directed in covering note, failing which the tender is liable to be rejected.

xiv) The tender documents must be submitted duly completed in all respects in a sealed

cover super scribed as tender form for the work “as on top sheet”. The same should be deposited in the tender box lying in the tender room near facilitation centre D.R.M’s Office, New Delhi up to 15.00 hrs. on stipulated date of tender opening. The tender will be opened at stipulated time and terms and conditions read out in the presence of such tenderer/s as is/are present. Tenders, which are received after the time and date, specified above may not be considered. In case the intended dates for opening of tenders is declared a holiday, the tenders will be opened on the next working day at the same time.

Page 8: Page 1 of 49 NORTHERN RAILWAY

Page 8 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

xv) Validity: The validity of the offer should be kept open for 180 (One Hundred Eighty)

days from the date of opening of the tender.

xvi) Completion of Tender Document: The tenderer/s shall quote single %age (percentage) rate/s above or below or at par the total estimated cost of all items in the attached Schedule of Rates and quantities. The tenders containing erasing and alteration in tender documents are liable to be rejected. Any correction made by the tenderer/s in his/their entries must be attested by him/them. No correction of typescript of tender form issued by Railway will be taken notices of. If the contractor wishes to stipulate any conditions of his own he should state them in the covering letter of the tender. It should be noted however, that the Railway reserves the right not to be consider such conditional tenders and reject the same without assigning any reasons. Only those additional conditions, which are explicitly accepted by the Railway, shall form part of the contract.

xvii) If there is a variation between rates quoted in figures and words. The rates quoted in

words shall be taken correct. Tenders containing erasures and alterations of tender documents are liable to be rejected. Each page of the tender documents is to be signed and dated by the tenderer/s or such person/s on his/their behalf who is/are legally authorized to sign for him/them.

In case of single percentage tenders if the tenderer/s quote/s multiple rates, the offer will be treated as incomplete and summarily rejected.

xviii) STUDY OF LOCAL CONDITIONS : The tender/s are advised to visit the site of work

and investigate the actual conditions of works. The scope of work should also be examined before formulating the rates for complete items of work.

2. ELIGIBILITY CRITERIA: The tenderer/contractor submitting their bids shall ensure compliance to the following failing which the tender is liable to be rejected and shall submit supporting documents against the stipulated eligibility criteria -

2.1 The tenderer must be ISO 9001:2000 certified for “Mechanized Cleaning Services” Or “Railway Coach Cleaning” as a proof of having capability of providing quality services. The certificate must be valid on the date of opening of tender. As a proof of its validity the tenderer must attach a copy of the certificate issued by the certifying agency and also the last surveillance audit report, if applicable. Surveillance Audit and Re-certification, if due during the currency of the contract, will have to be ensured by the contractor.

2.2 The contractor shall have experience in carrying out mechanized cleaning service

contract (s) in Railways/ Metro/ Airlines/ Hotels/ Hospitals. The term “mechanized cleaning” should mean use of machines/ equipment like high pressure water jet machines, scrubbing machines, vacuum cleaners etc. The firm shall submit supporting documents in the form of copies of agreement/ completion certificates in compliance to the above.

2.3 The Tenderer should have, in the last 03 (three) financial years and current financial

year up to the date of tender opening, received payment of at least 35% value of the advertised tender value on completion of one single work as in 2.2 above.

OR

Page 9: Page 1 of 49 NORTHERN RAILWAY

Page 9 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Should have received, till the date of tender opening, payment of at least 35% of advertised tender value against uninterrupted and satisfactory execution of an ongoing cleaning service contract as in 2.2 above.

2.4 As a proof of financial capacity for undertaking this work, the tenderer should have received total contract amount during the last 3 financial years and in the current financial year, which should be a minimum of 150% of advertised tender value.

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.

2.5 Documents to be submitted in support of credential –

a. List of Personnel, organization available on hand and proposed to be engaged for the subject work.

b. List of Plant and Machinery available on hand (own) and proposed to be inducted (own and hired to be given separately) for the subject work.

c. List of works completed in the last 3 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 schedule, completion of work, date of actual start, actual completion and final value of contract should also be given.

d. List of works on hand indicating description of work, contract value approx. value of balanced work yet to be done and date of award.

Note: i) In case of items (c) & (d) above, supporting documents/ certificates from the

organizations with whom they worked/ are working should be enclosed. ii) Certificate from Private individuals for whom such works are executed/being executed

shall not be accepted. iii) No additional document pertaining to eligibility shall be entertained after opening of

tender. The offer shall be evaluated as per the documents once submitted along with the offer and offer/s found without required document/s pertaining to eligibility will be summarily rejected.

3. ACCEPTANCE OF TENDER : 3.1 It shall not be obligatory of the said authority to accept the lowest tender and the

tenderer/s shall not demand any explanation for the rejection of his/ their tender.

3.2 If the tenderer/s deliberately give/s wrong information in his/their tender and there by create/s circumstances for the acceptance of his/ their tender, the railways reserve the right to reject such tender/s at any stage.

3.3 The successful tenderer/s shall be required to execute a contract agreement for carrying out of the work. The address of the contractor as given in the agreement will be deemed as their business address and all letters etc. sent to that address by the Railway Administration shall be considered as duly delivered to the contractors in the ordinary course of post.

3.4 The authority for acceptance of the tender does not undertake to assign reasons for declining to consider any particular tender or tenders. The accepting authority also reserves the right to accept in full/ a part thereof/ reject the tender or to divide the tender amongst more than one tenderer if deemed necessary without assigning any reason.

3.5 The tender/s shall not increase his/their rate in case the railway administration

negotiates for reduction of rates. Such negotiations shall not amount to cancellation or

Page 10: Page 1 of 49 NORTHERN RAILWAY

Page 10 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

withdrawal of the original offer and if not agreed for reduction, rates originally quoted will be binding on the tender/s.

3.6 The tenderer/s shall submit an analysis of rates offered by him/them giving the details of

cost of cost of labour, material, equipments/machinery & profit etc. for proper evaluation of the tender.

3.7 RIGHT TO THE RAILWAY TO DEAL WITH TENDER/S: The Railways reserve the right to accept in full/ a part thereof/ reject the tender without assigning any reasons.

FORM FOR AGREEMENT

Contract Agreement No. 197-S-153-OBHS-STB-14-MCIV Dated

ARTICLES OF AGREEEMENT made on …/…/2015 Between

1. The President of India acting through the Sr.DME/Chg., N.Rly. herein after called the “Railway” of the one part,

AND 2. M/s. …………………………………………… Herein after called the “Contractors” of the other part.

Whereas the contractors has agreed with the Railway for the performance of the work …………………………………………………………………………………………………………………………………………. set-forth in the schedule hereto annexed upon the General Conditions of Contract and the specifications of the railway and the special conditions and special specifications, if any and in conformity with the drawings hereinto annexed AND WHERE AS the performance of the said work is an act which the public are interested. NOW THIS INDENTURE WITNESSETH that in consideration of the payments to be made by the railway, the Contractor will duly perform the said works in the said schedule set forth and shall execute the same with great promptness, care and accuracy in a workman like manner to the satisfaction of the Railway and will complete the same in accordance with the said specifications and said conditions of the contract on or before the ……… day of…….. and will maintain the said works for a period of ……. …….Calendar months from the certified date of their completion and will observe, fulfill and keep all the conditions therein mentioned (which shall be deemed and taken to be part of this contract as if the same had been fully set forth herein) and …. Railway both hereby agree that if the Contractor shall duly perform the said works in the manner aforesaid and observe and keep the said terms and conditions, the Railway will pay or cause to be paid to the contractor for the said works on the final completion thereof the amount due in respect thereof at the rates specified in the schedule hereto annexed.

Contractor ………………….. Designation

(Sr. Divl. Mech. Engineer, Chg. Northern Railway Delhi, For and On behalf of President of India)

Address ……………………….

Date ………….. Date ………………. Witnesses ………………. Signature of witnesses with address Signature to Contractor

1) 2)

Page 11: Page 1 of 49 NORTHERN RAILWAY

Page 11 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

GENERAL CONDITIONS OF CONTRACT: 1. The Tender in general, shall be governed by the Northern Railway General Conditions of

Contract. The ‘Engineer’ as defined in clause 1.2 (e) under Part-I (Meaning of Terms) of General Conditions of Contract shall also mean Sr.Divisional Mechanical Engineer/ Divisional Mechanical Engineer/Coaching Depot Officer.

2. SCOPE OF WORK: The detailed scope of work of the tender is as Annexure-I. Concerned CDO/ Depot In-charges/ their representatives will carry out the inspection of the works.

3. The contractor shall work in coordination with the departmental staff for the execution of the work.

4. EARNEST MONEY:

a) The tenderer shall be required to deposit earnest money in the name of “Senior Divisional Finance Manager, N.Rly., New Delhi” 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 submitted as indicated below. The earnest money shall be rounded to the nearest Rs.10/-. This earnest money shall be applicable for all modes of tendering.

Value of Work (Tender Value) EMD For works estimated to cost up to 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 realized as part security for the due and faithful fulfilment 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.

d) Standing EMD will not be accepted.

e) The Earnest Money shall be in any of the following forms: (i) Banker's Cheques / Demand Drafts executed by State Bank of India or of any of the

nationalized banks or by a scheduled Bank. (ii) The official cash receipts having a mention of the firm/individual who has deposited the

cash or the Banker's cheques/ Demand Drafts as mentioned above, as the case may be, is to be attached with the tender, failing which tender will be summarily rejected.

f) MSEs (Micro and Small Enterprises) registered with the any of the following agencies for the item tendered will be exempted from payment of Earnest Money.

(i) District Industries Centres, (ii) Khadi and Village Industries Commission, (iii) Khadi and Village Industries Board, (iv) Coir Board, (v) National Small Industries Corporation, (vi) Directorate of Handicraft and Handloom and (vii) Any other body specified by Ministry of MSME. The MSEs must also indicate the terminal validity date of their registration.

Page 12: Page 1 of 49 NORTHERN RAILWAY

Page 12 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

NOTE :

Any request for recovery from outstanding bills for earnest money against present tender will not under any circumstances be entertained, tenders submitted with earnest money in cheque, government securities or in form other than those specified above shall not be considered.

5. SECURITY DEPOSIT ON ACCEPTANCE OF TENDER : a) The earnest money deposited by the Contractor with his tender will be retained by the

Railways as part of security for the due 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 of deduction from the Contractor’s “on account” bills, provided also that in case of defaulting contractor 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 contractor.

b) 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.

c) 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, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal ‘no claim’ certificate from the contractor concerned shall be obtained.

d) No interest will be payable upon the Earnest Money & Security Deposit or amounts payable to the Contractor under the Contract.

6. PERFORMANCE GUARANTEE (a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30

(thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case the contractor fail to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD an other dues, if any payable against that contract. The failed contractor shall be debarred from participating in re-tender for that work.

Page 13: Page 1 of 49 NORTHERN RAILWAY

Page 13 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

(b) The successful bidder shall submit a Performance Guarantee in the following form amounting to 5% of the contract value (in favour of “Senior Divisional Finance Manager, N.Rly., New Delhi”.

i) A deposit of cash, ii) Irrevocable Bank Guarantee, iii) Government securities including State Loan Bonds at 5% below the market value iv) Deposit receipts, Pay Orders, Demand drafts and Guarantee Bonds. These

forms of Performance Guarantee shall be either of the State Bank of India or 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 Bank, vii) A deposit in the National Savings Certificates, viii) Twelve Years National Defence Certificates, ix) Ten Years Defence Deposits, x) National Defence Bonds, and xi) Unit Trust Certificates at 5 percent below market value or at the face value

whichever is less.

Also FDR in favour of “Senior Divisional Finance Manager, N.Rly., New Delhi” (free from any encumbrance) may be accepted.

(c) The Performance Guarantee shall be submitted by the successful bidder after the letter

of acceptance has been issued, but before signing of the agreement. This PG 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.

(d) The value of PG to be submitted by the contractor will not change for variation up of 25%

(either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor.

(e) The Performance Guarantee (PG) shall be released after the physical completion of

work based on the “Completion Certificate” issued by the competent authority stating that the contractor has completed the work in all respect satisfactorily. The Security Deposit shall, however, be released only after the expiry of the maintenance period/warranty period and after passing the final bill based on the “No Claim Certificate” from the contractor.

(f) Wherever the contract is rescinded, the Security Deposit shall be forfeited and the

Performance Guarantee shall be enchased. 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.

(g) The Engineer shall not make a claim under the Performance Guarantee except for

amounts to which the President of India entitled under the contract(not withstanding and/or without prejudice to any other provision in the contract agreement) in the event of:

Page 14: Page 1 of 49 NORTHERN RAILWAY

Page 14 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

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.

7. CONDITIONS OF CONTRACT AND SPECIFICATIONS : 7.1 Except where specifically stated otherwise in the tender documents, the work is to be

carried out in accordance with Northern Railway’s “Indian Railway Standard General Conditions of Contract July 2013 or latest.” or the latest version.

7.2 Transfer and Subletting: The contractor shall not sublet, assign or part with this contract to any other agency.

7.3 That the amount of profits derived by the contractor out of this and contract are liable

to income tax and to facilitate this assessment, the contractor shall maintain a proper account of his receipts and disbursements, this account shall also be open for inspection or verification by the Railway Administration whenever so desired.

7.4 If the firm is dissolved on account death or retirement of any partner or for any reasons

whatsoever before completing whole work or part of it under taken by the principal the partners will remain jointly and personally liable to complete the whole work to the satisfaction of the Railway. Otherwise to pay the compensation for the work as sustained if any by the Railway due to such dissolution, the amount of such compensation shall be fixed by the General Manager of the Railway and his decision in the matter shall be final and binding on the firm/ contractors.

7.5 Railway Passes and Accommodation: Railway passes or concession tickets for

men and material will not be granted to the successful tenderer under any circumstances. The contractor shall have to make his own arrangements for his staff, material, tools, machinery etc.

7.6 Facility to work:

a) Electrical supply - The Railway may supply to the Contractor part or whole of the electric power wherever available and possible, required for execution of works from the Railway’s existing electric supply systems at or near the site of works on specified terms and conditions and such charges as shall be determined by Railway for the electric power consumption and the same is to be payable by the contractor provided the cost of arranging necessary connections to the Railway’s Electric Supply systems shall be borne by the Contractor as per the instructions contained in para 31 (4) (a & b) of Indian Railway Standard General Conditions of Contract July 2013 or latest. The Contractor will have to give total load details / consumption /day. However in case of non-availability of electric supply/connection, the contractor will arrange Diesel operated or Battery operated or Captive Power arrangement for the same and then electric power consumption charges shall not be deducted from the bills.

Page 15: Page 1 of 49 NORTHERN RAILWAY

Page 15 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

b) Water, if required for the execution of work shall be provided free of cost to the contractor if available at site.

8. PERIOD OF COMPLETION: 8.1 The entire work is required to be completed in all respect within specified period as laid

down in the contract agreement. Time is the essence of contract. The contractors will be required to maintain steady and required progress to the satisfactions of the execution authority to ensure that the work will be completed in all respects within the stipulated period failing which action may be taken by the Railway Administration as per the clauses stipulated in “Indian Railway Standard General Conditions of Contract July 2013 or latest”.

8.2 The contractor shall not be entitled to make any claim, whatever against Rly. Under or

by virtue of or arising out of the contract after he/they shall have signed a ‘NO CLAIM’ certificate in favour of Railways, in such form as shall be required by the Railway, after the work is finally executed.

9. FORCE MAJEURE :

In the event of any unforeseen event directly interfering with the execution of works, arising during the currency of the contract, such as insurrection, restraint imposed by the government act of legislative or other authority, war, fire, floods, explosions, epidemics, quarantine restriction, strikes, lockout or acts of God the contractor shall with in a week from the commencement thereof notify the same in writing to the Railways with reasonable evidence thereof. If the force majeure condition mentioned above be in force for a period of 90 dyas or more at any times, the Railways shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days notice to the contractor in writing. In case of such termination no damage shall be claimed by either party against the other, save and except those which had occurred under any other clause of the contract prior to such termination.

10. DETERMINATION OF CONTRACT i) Right of Railway to determine the contract – The Railway shall be entitled to determine

and terminate the contract at any time should, in the Railway’s opinion, the cessation of work becomes necessary owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at site and of work done to date by the Contractor will be paid for in full at the rate specified in the contract. Notice in writing from the Railway of such determination and the reasons therefore shall be conclusive evidence thereof.

ii) Payment on determination of contract – Should the contract be determined under sub-clause (11.1) of this clause and the Contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the work, the Railways shall admit and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the Engineer. The Railway’s decision on the necessity and propriety of such expenditure shall be final and conclusive.

iii) The contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of contract.

Page 16: Page 1 of 49 NORTHERN RAILWAY

Page 16 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

11. Determination of contract owing to default of contractor – (I) if the contractor should

(i) Become/s bankrupt or insolvent, or (ii) Make an arrangement with/ or assignment in favour of his creditors, or agree to

carry out the contract under a Committee of Inspection of his creditors, or (iii) Being a Company or Corporation go into liquidation (other than a voluntary

liquidation for the purpose of amalgamation or reconstruction), or (iv) Have an execution levied on his goods or property on the works, or (v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of

GCC or (vi) Abandon the contract, or (vii) Persistently disregard the instructions of the Engineer, or contravene any

provision of the contract, or (viii) Fail to adhere to the agreed programme of work by a margin of 10% of the

stipulated period, or (ix) Fail to remove materials from the site or to pull down and replace work after

receiving from the Engineer notice to the effect that the said materials or works have been condemned or rejected under Clause 25 and 27 of GCC, or

(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the GCC, or

(xi) Fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or any part thereof as required under Clause (28) of the GCC, or

(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his partner, agent or servant to any officer or employee of the Railway or to any person on his/her/their or on their behalf in relation to the execution of this or any other contract with this Railway.

(xiii) (A) At any time after the tender relating to the contract has been signed and submitted by the contractor, being a partnership firm admit as one of its partners or employ under it or being an incorporated company elect or nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired Engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or administrative capacity, or whether holding any pensionable post or not, in the Mechanical Department of the Railways for the time being owned and administered by the President of India before the expiry of two years from the date of retirement from the said service of such Engineer or Officer unless such Engineer or Officer has obtained permission from the President of India or any officer duly authorized by him in this behalf to become a partner or a director or to take employment under the contractor, as the case may be, or

(B) Fail to give at any time of submitting the said tender:-

(a) The correct information as to the date of retirement of such retired engineer or retired officer from the said service, or as to whether any such retired engineer or retired officer was under the employment of the contractor at the time of submitting the said tender, or

(b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or

(c) Being a partnership firm the correct information as to, whether any of its partners was such a retired engineer or a retired officer, or

(d) Being an incorporated company, correct information as to whether any of its directors was such a retired engineer or a retired officer, or

Page 17: Page 1 of 49 NORTHERN RAILWAY

Page 17 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

(e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or to seek employment under the contractor, and after expiry of 48 hours notice, a final termination notice should be issued.

Then and in any of the said clause, the Engineer on behalf of the Railway may

serve the Contractor with a notice in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice)

(2) Right of Railway after rescission of contract owing to default of contractor-In the

event of any or several of the courses, referred to in sub-clause (I) of this clause, being adopted:

(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and contractor shall not be entitled to recover or be paid any sum for any work there to for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the contractor shall only be entitled to be paid the value so certified,

(b) The Engineer or the Engineer’s Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or out to have been executed, and to retain and employ the same in the further execution of the works of any part thereof until the completion of the works without the contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof,

(c) The Engineer shall as soon as may be practicable after removal of the contractor fix and determined ex-parte or by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or institute and shall certify what amount (if any) had at the time of rescission of the contract been reasonably earned by or would reasonably accrue to the contractor in respect of the work then actually done by him under the contract and what was the value of any unused or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to the contractor after making necessary deductions and certified by the Engineer should be released expeditiously.

12. 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, 55-A(5), 57, 57A, 61(1), 61(2) and 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

Page 18: Page 1 of 49 NORTHERN RAILWAY

Page 18 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

the contractor provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration.

13. (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 GCC, 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.

(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. (a) The Arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway. (b) The claimant shall submit his claims 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.

(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.

(1) (iv) If the contractor(s) do/does 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. (2) Obligation during pendency 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. (3) (a) (i) In cases where the total value of all claims in question added together does not exceed Rs. 10,00,000/-(Rupees ten lakhs only), the Arbitral Tribunal 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. (3) (a) (ii) In cases not covered by clause C.(3) (A)(1), the Arbitral Tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade, as the arbitrator. 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 to the contractor who will be asked to suggest to General Manager up to 2 names out of the panel for appointment as contractor’s nominee. The General Manager shall appoint at least one out of them as he 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. While

Page 19: Page 1 of 49 NORTHERN RAILWAY

Page 19 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

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. (3) (a) (iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator(s). (3) (a) (iv) The arbitral Tribunal shall have power to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. (3) (a) (v) While appointing arbitrator(s) under sub-clause(i), (ii) and (iii) above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. (3) (b) (i) the arbitral award shall state item wise, the sum and reasons upon which it is based. (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 and interpretation of a specific point of award to tribunal within 30 days of receipt of the award. (3) (b) (iii) A party may apply to tribunal within 30 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. (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. (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. (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 Administration from time to time. (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.

14. PAYMENT TERMS : 14.1 Subject to satisfactory working duly certified by Senior Divisional Mechanical Engineer,

N.Rly, Delhi or his representative, the contractor shall be entitled to receive the value of the work against the work attended/completed during the month after necessary deduction or recovery, which the Railway Administration may be entitled to make

Page 20: Page 1 of 49 NORTHERN RAILWAY

Page 20 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

under the contract or any other contract. The bill should be raised by the contractor on monthly basis and should be submitted latest by 7th of every month.

14.1.1 Payment will be made by Sr.DFM, Northern Railway, DRM Office, New Delhi. 14.1.2 All bills in four copies shall be submitted to concern CDO/depot In charge. 14.1.3 Payment will be made only after verification & certification by the concerned

CDO/depot In-charge. 14.1.4 All payment in respect of the contract during the currency of the contract shall be

made through Electronic Clearing System (ECS) / Electronic Fund Transfer (EFT). The successful tenderer on award of contract must submit ECS/EFT Mandate Form complete in all respect as detailed at Annexure-IX of the tender document. However, if the facility of ECS/EFT is not available at a particular location, the payment shall be made by cheque. In such case the successful tenderer on award of contract will have to furnish contractor’s Bank Account Number and name of the Bank against which all payments in respect of the contract during the currency of contract shall be made.

14.1.5 Sales tax/DVAT will be deducted from all bills at source as per provision of Delhi Sales Tax on works contract act 1999 or latest and as per prescribed rates. However, the Sales tax/DVAT (presently @4%) shall be applicable on 70% of the total estimated cost of work/total offered rate (i.e not including the labour component as per PVC). The sales tax/DVAT rates can be changed by the Delhi Sales Tax Department and shall be applicable

14.1.6 2% income tax and 15% surcharge on I. Tax shall be deducted from bill and necessary I.T deduction certificate will be issued by DFM/Northern Railway/New Delhi.

14.1.7 Service tax (as applicable) shall be extra (presently @12.36%) and applicable on labour portion only. In this case labour portion shall be 30% (as per PVC) of the total accepted value of work. The reimbursement of Service Tax (as applicable) shall be made only after submission of necessary deposit receipts/challan submitted with Service Tax department.

14.1.8 No extra payment CST/ST, Octroi or other taxes will be made to the agency.

14.2 The value of contract and quantities given in the attached schedule of rates and quantities are approximate and are given only as a guideline. These are subject to variations/ additions and/or omission. The quantum of the work actually carried out shall not from the basis of any dispute regarding the rates to be paid and shall not give rise to any claim for compensation on account of any increase or decrease either in the quantity or in the contract value.

14.3 Penalty for delay in completion/ non attending to certain activities: In case the

contractor fails to execute and complete the work within the time specified in the agreement or within the period of extension granted by Sr.DME/Delhi, a penalty will be levied except for the case where the delay is purely on the part of the Railways. In this regard the decision would be final.

15. Law governing the contract – The contract shall be Governed by the law for the time

being in force in the Republic of India. The legal disputes and litigations if any, arising between constructive parties to be subjudicated before courts falling within the jurisdiction of Delhi only.

16. The contractor shall be responsible for carrying out all legal obligations under this

contract. The Contractor shall comply with the relevant provisions of the following Act, wherever applicable.

Minimum Wages Act, 1948

Page 21: Page 1 of 49 NORTHERN RAILWAY

Page 21 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Payment of Wages Act 1936 Contractor labour (Regulation and Abolition Act) The workmen s compensation Act. Employees Provident Fund & Miscellaneous Provision Act, 1952. Employees Pension Scheme, 1995. Employees Deposit Linked Insurance Scheme, 1976. Employment of Manual Scavengers and Constructions of dry latrines (Prohibition) Act

1993 17. The contractor shall be responsible for depositing PF and ESIC of the contractor’s

staff.

18. The contractor shall be responsible for depositing Service Tax and all legal obligations related to Service Tax.

19. The contractor shall obtain necessary labour license within reasonable period.

20. All disputes are subject to the Jurisdiction of the Hon’ble High Court, Delhi and/or its subordinate courts only.

21. The Service Provider being principal employer of the persons engaged and deployed by it for providing the services, shall alone be entitled to hire or fire or discipline them. Similarly, the Service provider alone shall be liable to pay the wages, statutory dues, leaves etc. to such persons.

22. The Service Provider shall depute adequate number of his employees for providing the

Services and shall ensure that a minimum number of personnel as mutually agreed are deployed at all times, so that the quality of work is as per mutually accepted and well-established contemporary international norms and standards.

23. Price Variation Clause:

a) Price Variation clause (PVC) shall be applicable only for contracts of value as prescribed by the Ministry of Railways (presently Rs. 50 lakh and more) through instructions/circulars issued from time to time to time and irrespective of the contract completion period. Variation in quantities shall not be taken into account for applicability of PVC in the contract. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If in any case accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation.

b) The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability of PVC shall commence from the month following the month of opening of tender. The Price Variation shall be based on the average Price Index of the quarter under consideration.

c) Rates accepted by Railway Administration shall hold good till completion of work and no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be made as per Price Variation Clause given hereunder.

d) Adjustment for variation in prices of material, labour and fuel shall be determined in the manner prescribed.

Page 22: Page 1 of 49 NORTHERN RAILWAY

Page 22 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

e) Components of various items in a contract on which variation in prices be admissible, shall be material, labour and fuel however, for fixed components, no price variation shall be admissible.

f) The percentage of labour component, material component, fuel component etc. shall be as under: -

Component Percentage Component Percentage Labour Component 30% Fuel Component 15% Material Component 40% Fixed Component* 15%

*It shall not be considered for any price variation.

g) The amount of variation in prices in several components (labour material etc.) shall be worked out by the following formulae: R x (I - Io) P (i) L = _________ x ___ Io 100 R x (W - Wo) Q (ii) M = __________ x ___ Wo 100 R x (F - Fo) Z (iii) U = _________ x ___ Fo 100 Where, L Amount of price variation in Labour M Amount of price variation in Material U Amount of price variation in Fuel R Gross value of work done by contractor as per on-account bill(s) excluding cost

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

Io Consumer Price Index Number for Industrial Workers – All India – Published in R.B.I. Bulletin for the base period.

I Consumer Price Index Number for Industrial Workers – All India – Published in R.B.I. Bulletin for the average Price Index of the 03 months of the quarter under consideration.

Wo Index Number of Wholesale Prices – By Groups and Sub-Groups – All commodities – as published in the R.B.I. Bulletin for the base period.

W Index Number of Wholesale Prices – By Groups and Sub-Groups – All commodities – as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration.

Fo Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published in the R.B.I. Bulletin for the base period.

F Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel, Power, Light and Lubricants as published in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration.

P % of Labour component Q % of Material component Z % of Fuel component

Page 23: Page 1 of 49 NORTHERN RAILWAY

Page 23 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

h) The demands for escalation of cost shall be allowed on the basis of provisional indices

made available by Reserve Bank of India. Any adjustment needed to be done based on the finally published indices shall be made as and when they become available.

i) Price Variation during Extended Period of Contract. The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto the stipulated date of completion of work including the extended period of completion where such extension has been granted under Clause 17-A of the General Conditions of contract. However, where extension of time has been granted due to contractor’s failure under Clause 17-B of the General Conditions of Contract, price adjustment shall be done as follows. a) In case the indices increase above the indices applicable to the last month of

original completion period or the extended period under Clause 17-A, the price adjustment for the period of extension granted under Clause 17-B shall be limited to the amount payable as per the Indices applicable to the last month of the original completion period or the extended period under Clause 17-A of the General Conditions of Contract as the case may be.

b) In case the indices fall below the indices applicable to the last month of original/extended period of completion under Clause 17-A as the case my be then the lower indices shall be adopted for the price adjustment for the period of extension under Clause 17-B the General Conditions of Contract.

Sr. Divisional Mechanical Engineer (Chg.)

Northern Railway, Delhi for & on behalf of President of India

I/We agree to abide by above terms and conditions as well as Indian Railway Standard General Conditions of Contract July 2013 or latest. Sig. of the Contractor

Full name: Address:

Page 24: Page 1 of 49 NORTHERN RAILWAY

Page 24 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

SPECIAL TERMS & CONDITIONS OF CONTRACT

A. SPECIAL TERMS & CONDITIONS FOR OBHS 1. The OBHS scheme shall be awarded on a turnkey basis. The turnkey service contract

will cover providing the following: Hand implements, tools & tackles. Consumables, cleaning and disinfecting agents. Skilled Janitors & Executive Housekeeper. Set of Uniform with distinguishing logo and identification of Janitors/ Executive

Housekeeper. Passenger Feedback mechanism & awareness program.

2. The work pertains to en-route cleaning of trains especially coach toilets as per job

description detailed in Annexure-I, utilizing resources as per resource specification at Annexure-II.

3. The OBHS scheme shall be limited to only reserved class vestibuled coaches. 4. The contractor shall utilize state of the art tools and tackles and environment friendly

biodegradable cleaning agents/ consumables. Coaches with environment friendly biological toilets must however be attended to using only the chemicals/ cleaning agents approved by the OEM.

5. For every three (3) AC coaches there shall be one cleaner. There shall be 1 Executive

Housekeeper to supervise the work in the train. for example in a train with 18 reserved class coaches, a total of 6 Janitors and 1 Executive Housekeeper will be required.

6. While On Board cleaning attention should be provided whenever desired/ demanded

for by the passenger, the toilets, doorways, gangways and vestibules must necessary be cleaned frequently from 0500 hours to 0900 hours and from 1600 hours to 2000 hours, wherever applicable. The passenger compartments and the aisle must also be cleaned and mopped 2 times in a day at suitable intervals.

7. No earmarked accommodation shall be provided to the On Board Housekeeping

personnel in the trains. 8. The contractor must make his own arrangements for lodging the janitors/ Executive

House keeper during the lie-over period of the trains at the other end(s). The On Board Housekeeping staff shall board the train in the return direction just before departure.

9. The composition of the nominated pairs of trains and other details like frequency,

arrival/ departure timings etc. are as at Annexure-III. The format for quoting the rates for OBHS and provision of toiletries in train under this scheme is at Financial Bid (offer form).

10. The garbage/litter shall be collected from the coaches in bags. These bags shall be

sealed with a rubber band to avoid spilling of garbage and shall be handed over to the C&W representative at nominated enroute stations for each train as in Annexure-III for further disposal.

11. The Executive Housekeeper will maintain constant liaison with the CDO/ Sr. Section

Engineer (C&W) of the primary depot or their nominated representative for the OBH service through mobile communication facility. The contractor shall provide a Mobile

Page 25: Page 1 of 49 NORTHERN RAILWAY

Page 25 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Phone with roaming facility to the Executive Housekeeper and advise his number to the CDO of the base depot. The On Board Executive Housekeeper shall also keep in his possession telephone numbers of Carriage Control Offices of all such divisions through which the train passes for communicating emergent requirements like special attention required for watering of coach/ coaches (which would have run dry) at a subsequent station, attention to passenger amenity items inside coaches etc.

12. The contractor should take utmost care to ensure that no damage to the coaches/

Railway properly takes place due to any act of his workmen. 13. The work is to be carried out on running trains and therefore every precaution shall be

taken by the contractor to protect the labour and materials. The contractor shall adhere to the labour Rules. Workmen Compensation Act and payment of minimum wages Act and other labour legislations.

14. The contractor shall furnish complete details of the janitors i.e. their names, address,

age, qualification and certificate of police verification. These details of all the staff including the Executive Housekeeper should be submitted to CDO or his authorized representative before starting the work. CDO concerned will issue a certificate (with a photo graph of the Executive housekeeper/ Janitor pasted on it) to identified personnel authorizing them to travel on primary trains of his coaching depot for providing On Board Housekeeping Service. The format of the certificate is enclosed as Annexure-VII.

15. The contractor shall ensure that all the Janitors engaged including Executive

Housekeeper/ Supervisor are medically fit and not suffering from any contagious disease. He shall ensure due Medical Check up of all his staff once in every 4 months from an authorized medical practitioner and medical fitness certificate to this effect shall be submitted to CDO for records.

16. The contractor should issue Identity Cards with Photographs to all the Janitors

including the Executive housekeeper. The Identity Card should be available with the staff while On Board the trains.

17. The contractor shall instruct the Janitors engaged to close the coach toilet taps, when

not in use, to avoid wastage of water. 18. Passenger satisfaction and feedback is the essence of the OBHS. The contractor

shall make arrangements for making feedback forms available to the passengers. The feedback forms as in format at Annexure IV shall be printed by the contractor at his own cost and must be serially numbered.

19. The contractor shall obtain passenger feedback from at least 1 (one) passenger per

reserved coach in each direction. One feedback for the rake shall also be taken from TS/TTE for each direction over and above that from passengers. Feedback form shall also be obtained from the concerned primary coaching depot’s supervisor on a fortnightly basis for each train under the scheme. For this purpose a supervisor nominated by CDO shall inspect the train on run on a random day once in a fortnight.

20. All direct or indirect costs and obligations pertaining to employment of specialized

manpower will be borne by the Contractor under the turnkey scope of work.

Page 26: Page 1 of 49 NORTHERN RAILWAY

Page 26 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

21. The OBHS module will be made operational within a period of 30 days from the date of finalization of the contract agreement failing which the contract shall be terminated & EMD/SD forfeited.

22. The contract is awarded with the essence of improving passenger comfort during

travel. As such, it may be ensured that passengers are not put to any discomfort while carrying out On Board cleaning operation.

23. A sticker in the format as under shall be pasted at suitable location at the doorways of

each coach under the scheme.

ON BOARD HOUSEKEEPING SERVICES IN THIS TRAIN ARE PROVIDED BY M/S ______________ (NAME OF CONTRACTOR/FIRM) FEEDBACK IS WELCOME ON _________ (TELEPHONE NO. OF THE CONTRACTOR/FIRM WITH STD CODE)

24. Payments (OBHS) :

Payment to the contractor shall be based on average Passenger Satisfaction Index (PSI) for the complete rake for its round trip journey. Payment shall be made on a monthly basis for each round trip of a train rake under the scheme as in Annexure-III. The Paying authority will be the Sr. DFM. The Contractor shall submit his bills for a particular month to the CDO by 5th of the following month along with a tabulated data for average PSI for every round trip of all the trains under the scheme. CDO, after verification and counter signature, shall forward the same to the Divisional HQ for Payment.

25. Penalty Clause-

Penalty shall be imposed for unsatisfactory work and shall be based on Average Passenger satisfaction Index (PSI) of a train on round trip basis. The PSI for coach which is not attended at all or for which the specified no. of feedback forms have not been submitted shall be taken as ‘zero’. Passenger shall be contacted at random for confirmation of PSI filled by them. In case of non-authentication of PSI by the passengers, the PSI of that coach shall be treated as ‘zero’.

a) Penalty for non satisfactory performance shall be as under: Sr. No. Average PSI Penalty

a. <50% 20% of the accepted rate for the train shall be deducted. b. 50% to <70% 10% of the accepted rate for the train shall be deducted. c. 70% to 100% No penalty. Full payment shall be made.

b) In the event of a complete train/coach not being attended for On-Board Housekeeping

services, no payment shall be made for that round trip journey. Besides, a penalty of 50% of the accepted rate for the train/coach shall also be imposed.

c) In the event of less deployment/absentee en-route by one staff, as per the laid down yardstick for the particular train, the PSI for best 03 coaches will be considered as zero for the purpose of evaluation. Besides, a penalty of 10% of the accepted rate for the train shall be imposed. In the event of less deployment/en-route absentee for more than 01(One) staff, no payment shall be made for that round trip journey. Besides, a penalty of 25% of the accepted rate for the train shall also be imposed.

Page 27: Page 1 of 49 NORTHERN RAILWAY

Page 27 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

d) In case of recorded adverse remarks/complaint, the contractor will be liable for a penalty of Rs.1000/- (Rupees One Thousand Only).

e) A penalty of up to Rs. 500/- shall be imposed in each case for non compliance with respect to tender condition/contract such as not in proper dress, proper consumables not being used etc. by any inspecting Railway official in his/her inspection note. Note: Final authority to decide on penalties will be CDO and Sr.DME will be authorized to waive off.

26. Detail of work Evaluation, work station hours etc. are given at Annexure-V.

27. Attendance of OBHS staff will be certified by Railway supervisor at both ends stations as per format as at Annexure-VIII.

28. The OBHS staff will also carry a list of consumables and cleaning agents issued at the originating station as per Annexure-VI. This list will be presented to any of the inspecting officials en-route/ destination station.

29. If any compensation/penalty is to be paid by the Railway in compliance of the

order/judgement passed by the court, consumer forum or any other law-enforcing agency on default of the contractor or his person/servant/employee to the complainant, the said amount shall be liable to be paid by the contractor.

30. Besides specific penalty as above, Tender accepting authority reserves the right to

impose penalty/penalties for non-compliance of any other conditions of the tender or for any undesirable activities, endangering the image of railways. In this regard decision of Accepting Authority will be final.

B. OTHER SPECIAL TERMS & CONDITIONS OF CONTRACT

1. Issue of Entry Permit: Contractor should issue Identity badges (as per approved

format by concerned CDO) to all his labour being engaged to carry out the Work, including the Supervisor. These identity badges should be so carried that Railway Security can identify them. The Identity cards should be worn by the contractor’ labour on left side on the chest every time, during their presence on Railway Premises.

2. The employee/labour engaged/deployed by the contractor for the execution of subject contract will be employed by the contractor only and will have no claim for employment in railway organization/establishment, whatsoever.

3. The contractor shall commence the work only after having obtained Labour license to

that effect and copy of the same shall have to be deposited with concerned CDO. 4. The minimum manpower requirement including rest giver shall be 54 Nos.

Janitors/cleaners and 12 Nos. Executive Housekeepers for the complete work. The minimum wages (per month) to be paid to the contractor’s labour shall not be less than Minimum wages rates as applicable in Delhi of unskilled labour for cleaner and graduates for Executive Housekeepers.

5. In case required by Railway, the manpower deployment as stipulated shall have to be

suitably augmented as per actual requirement on day to day basis for ensuring quality of cleaning. In this regard, the contractor shall have no objection.

Page 28: Page 1 of 49 NORTHERN RAILWAY

Page 28 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

6. Wage register and attendance register/muster roll should be maintained by the

contractor, which should be made available as & when required by Railway authorities.

7. The contractor shall ensure availability of bio-metric machine at his store/office in Railway premises for recording attendance of his manpower.

8. The contractor shall work in coordination with the departmental staff for the execution

of the work. 9. If any staff/worker of the contractor is found indulging in undesirable activities, the

contract may be terminated. 10. The cost of damage to the railway property if incurred during the execution of work will

be borne by the contractor. 11. The contractor shall be liable for the safety of his workmen during the course of

contract. It is made clear that no claim/ compensation would be entertained for any type of accident/incident involving his labour. Any compensation however as required under law would be payable by the contractor.

12. The Railway may provide space for storage of materials, machines & tools etc. on free

of cost. For this purpose, the contractor may install, in the space provided, a heavy duty temporary structure. Normal single phase electricity connection shall be provided at metered cost. However in case of any loss/theft Railways shall not be responsible for these items.

13. The contractor shall develop a complaint recording and redressal mechanism system

for OBHS of Shatabdi Express trains, for which they shall keep the data base of complaint received and action taken. The above mechanism shall be regularly updated and action taken report be prepared. For ensuring the said mechanism including work schedules, coverage of quantity, manpower etc., complete logistics arrangement as required viz data management system, printer etc. shall be arranged by the contractor, for which a suitable location will be suggested by the Contract signing authority. Maintenance and warranty support along with consumable supplies for these shall be the responsibility of the contractor. The contractor shall make the entire system functional at his own cost.

14. In case of late running of trains/rescheduling/cancelling, the contractor shall coordinate with the concerned CDO/ SSE (In charges).

15. The cleaning material or other materials, which are to be used for the work by the

contractor should be biodegradable and should not harm human beings. 16. The value of contract and quantities given in the attached schedule are approximate.

The trains covered under this category, if augmented during the contract shall also be dealt with as per the scope of work. In case required by the Railway, new trains (falling under this category) introduced during the contract period and existing trains which are not covered under this contract shall also have to be dealt as per the scope of work at nominated coaching depot in Delhi Division. The accepting authority shall have the discretion to vary the quantity of items as well as to vary the items in a contract in accordance with the prevalent SOP (Schedule of Power) on works matter of Northern Railways. Extension of contract period (DP) if required by the Railway shall also be done in accordance with the prevalent SOP (Schedule of Power) on works

Page 29: Page 1 of 49 NORTHERN RAILWAY

Page 29 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

matter of Northern Railways. As per the present SOP, 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. Quantities 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. However the conditions of prevalent SOP shall prevail at the time of enhancement in quantity/extension of validity of contract. Railway shall extend/reduce the validity of contract (DP) period as per operational requirement and the contractor shall have no objection and claim for the same.

17. In case of any contradiction between special terms & conditions of tender and general conditions, then the special terms & conditions shall prevail.

18. Addenda and corrigenda to the ‘Special/other Terms and conditions’ may be issued as & when necessary and the tenderer/s shall abide by them.

Sr. Divisional Mechanical Engineer (Chg.) Northern Railway, Delhi

Page 30: Page 1 of 49 NORTHERN RAILWAY

Page 30 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-I

DETAILED SCOPE OF WORK

JOB DESCRIPTION FOR OBHS IN TRAINS

1. Pressure jet cleaning and disinfections of all coach toilets with pressure nozzle

implement to be attached to tap provided in toilet. The toilet cleaning chemical (as per specification) shall be sprayed with the help of spray gun bottle before the washing.

2. Drying the toilet floor surface and internal fittings with suitable mop/ cloth.

3. Spraying disinfectant for sanitization of toilets after washing and drying of toilets & provision of deodorant.

4. Refilling liquid soap in AC coach toilets as & when required during the round trip journey.

5. Replenishing tissue paper roll in AC coach toilets as & when required during the round trip journey.

6. Dry cleaning and mopping of the passenger compartments, aisle area, cleaning of doorways, gangways and vestibule portion including clearance from dustbins, wherever provided.

7. Spraying mosquito repellent in all coaches especially in toilet and vestibule area. It shall also be sprayed on passenger demand.

8. Spraying Air Freshener in the AC coaches as and when needed. This shall be done where auto dispensers are not already available.

9. Maintenance of liaison with C&W ground staff for ensuring watering of trains at nominated enroute stations, or perform watering itself otherwise.

10. Wiping of platform side window glasses of all the AC coaches at those stations where stoppage is 5 minutes or more and the Station is not a nominated ‘Clean Train Station’ for the particular train.

11. Cleaning of coach floor area in any coach when some liquid food etc. is spilled on the coach floor by passenger or catering service personnel.

12. Collection of garbage in bags disposal at the nominated enroute stations.

13. Assisting C&W staff in providing minor attention to passenger amenity items to the extent possible on the train run.

Page 31: Page 1 of 49 NORTHERN RAILWAY

Page 31 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure – II Resource Specifications (A) Manpower (Janitors) :

“OBHS” scheme requires sufficient no. of skilled janitors who are exposed to housekeeping industry. Combination of three AC coaches will form a workstation and each workstation or a part thereof shall be manned by one skilled janitor who should be in the age group of 18-35 years.

(B) Manpower (Executive Housekeeper) : One Executive Housekeeper in the age group of 25-45 years shall also escort the train during its round trip. The EHK must be a graduate preferably having experience in the housekeeping industry.

(C) Equipment & Tools : (i) Manual Pressure Nozzle implement :

For washing of toilet commodes, wall protectors and other fittings, a manual pressure nozzle implement with hose pipe of approx. 3 meters for delivering sufficient pressure for effective impingement of water shall be used.

(ii) Super absorbent floor Moper :

For coach floor cleaning of passenger compartments and aisle area, a Mopper with 100 to 150 cms long aluminium handle and a cloth based swivel head mop system for quick shall be used @ 1 per workstation. It shall also have flexibility and manoeuvrability to reach under the berths and comers.

(iii) Squeezee Brush :

For toilet floor scrubbing and drying, a squeezee having approx. 140 to 150 cms long aluminum handle and stiff polypropylene bristles and foam rubber blade for two in one scrubbing and drying action, shall be used @ 1 per workstation and shall be replaced as & when the bristles/foam rubber blade are worn out

(iv) Bottle with spray gun for storing and dispensing cleaning chemicals :

A good quality plastic bottle of at least 500 ml capacity having lockable spray gun shall be provided @ 1 per workstation and its spray gun shall be replaced as & when required.

(v) Toilet Commode Brush: For cleaning of toilet commode, pan and chute area, a suitable commode brush with polypropylene bristles shall be provided @ 1 per workstation and shall be replaced as & when the bristles are worn out.

(vi) Carpet Brush :

For cleaning of carpet in 1st AC coaches, especially designed polypropylene bristled brush shall be provided @ 1 per train and shall be replaced as & when the bristles are worn out.

Page 32: Page 1 of 49 NORTHERN RAILWAY

Page 32 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

(vii) Upholstery Cleaning Brush : The carpet brush should not be allowed to be used for seat/ berth upholstery cleaning, for which a separate polypropylene bristled brush shall be used.

(viii) Bucket :

A smart looking, easy to carry, low height approx. 6 gallons capacity bucket made of heavy duty polypropylene for washing of mops etc. shall be used. It shall preferably have caster wheels for ergonomic handling. This shall be provided @ 1 per workstation.

(ix) Window Glass Squeeze :

Stainless steel handle of preferably 10 inches length with durable rubber blade of size 45 cms having a locking arrangement for faster and effective cleaning of window glasses shall be provided @ 1 at least 1 per 3 AC coaches and rubber blades shall be replaced as & when the rubber blades are worn out.

(x) Micro Fibre cloth for mirror cleaning (xi) Sponge Duster for wash basin cleaning (xii) Disposable bags for garbage collection

Green coloured Disposable bags shall be required for collection of waste & litter from all coaches & also from dustbins of AC coaches.

(xiii) Tool Kit :

A light weight tool kit made of FRP containing all types of tools for minor plumbing/carpentry related repairs shall be available with Executive Housekeeper.

(xiv) Foot Mats : At every toilet entrance, a foot mat made of rubber having bristles to soak water shall be provided and shall be replaced as & when required to be.

(xv) Personal Seat Cover Dispenser : Personal Seat Cover Dispenser of ABS Solid Material with opening & wall mounted facility shall be provided by the contractor for western style toilets of 1st AC/Executive class coaches only. The contractor shall ensure availability Personal Seat Cover Dispenser and refilling of the same at all times.

(D) Consumables/ Cleaning agents : S.

No. Item description Brand/ make Avg. Quantity/ Coach/ day*

1 Cleaning compound for PVC floor, Rexine and wall panels

R2/ Spiral (Johnson Diversey) or Sigla Neutral of Eco Lab or Mokleen or RIO 38 or Chela (Guardisan Fresh)

8 ml.

2 Cleaning agent for commode pan & wall protector

Taski R1/Taski R6 (Johnson Diversey) or Sigla Netural Eco Lab or Harpic or Retoil or Domex or Chela (Guardisan Fresh).

15 ml.

3 Disinfectant fluid R1/Stride (Johnson Diversey) or Equivalent brand or Eco Lab or Lizol. or Chela (Guardisan Fresh)

50 ml.

Page 33: Page 1 of 49 NORTHERN RAILWAY

Page 33 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

S. No. Item description Brand/ make Avg. Quantity/

Coach/ day*

4 Mirror/window glass cleaner

Taski R3 (Johnson Diversey) or OC Glass cleaner Eco Lab or Collin or Mokleen or Chela (Guardisan Fresh).

6 ml.

5 Deodorant stick in lavatories Odonil 4 Pieces of 25

gm. each

6 Liquid soap for hand wash Dettol/Lifebuoy/Palmolive/Fem 300 ml.

7

Room freshener (for coaches where automatic odour control system have not been installed)

Water based taski R5 or Equivalent brands of Eco Lab or Premium or

Hazel or Obious or Chela (Air Fresh)

01 No.of 125 gm.

8 Mosquito repellent Hit/Baygon/Mortein 15 ml.

9

Toilet paper roll in Western Style toilets- two-ply white colour about 25 mtrs. Each ply of approx.10cm wide should have min. 200 pulls.

Johnson Diversey or Padumjee Pulp 01 No.

10

Refill for personal seat cover – should have minimum 100 sheets of good quality paper.

Johnson Diversey or Padumjee Pulp or as decided by concerned CDO 20 sheets

* The average quantity per coach per day as above is only indicative and subject to change depending on the requirements of cleaning and condition of different coaches. Concerned CDO shall work out the quantity per coach per cycle for every rake and quantity shall be issued by the contractor to his staff at the start of journey accordingly and the contractor shall have no objection to the same. Note: The contractor shall ensure availability of adequate quantities of chemicals/consumable

for at least 15 days for smooth operation of the contract and that shall be deposited with Railway.

(E) Uniform for Janitors : Coverall :

A full-body dark blue apron or uniform as decided by Sr.DME with distinguishing logo shall be worn by the Janitors On Board the trains. The cloth used shall be made of S. Kumar’s or of equivalent reputed quality. Each Janitor shall be provided 4 pairs/ annum. The uniform worn by the Janitors On Board the trains must be neat and clean.

Cap :

A bright Yellow Coloured Cap shall be supplied @ 3 Nos. per Janitor/ EHK per annum. The flap of the cap should have the text inscribed on it as under

“On Board Housekeeping Services __________________ (Name of primary depot) __________________ (Name of the Railway)”

Page 34: Page 1 of 49 NORTHERN RAILWAY

Page 34 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Hand Gloves : Janitor shall wear good durable quality orange coloured rubber gloves all the time while working in the coaches. These should be supplied @ 2pair per month.

Shoe : Good quality simple black or sports shoe shall be provided to all Janitors.

Face Mask :

Each Janitor shall be given a green coloured surgical type mask for avoiding any direct infection from the toilets. This should be supplied @ 2 No. per month.

Name Badge :

Each Janitor shall wear a badge on the left hand side on the coverall. The name badge should be made of white coloured ebonite plate of size 6 ½” x 1” with the name of the Janitor inscribed on it in Block letter in black. Uniform and other accessories for Executive Housekeeper: S.No. Item (s) Type & Colour

1 Trouser Navy Blue Carpenter baggy type or as decided by Railway 2 T-Shirt Steel grey colour with distinguishing logo and Name badge 3 Cap Yellow colored same as for Janitors 4 Shoes Black Leather shoe of any reputed make 5 Torch Handy touch of any reputed make 6 Whistle Metallic type for raising safety alarm

For Divisional Railway Manager/Mech. New Delhi

Page 35: Page 1 of 49 NORTHERN RAILWAY

Page 35 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-III DETAILS OF TRAINS TO BE COVERED UNDER OBHS SCHEME

S. No Train No.

No. of AC

coaches

OBHS to be provided in Outward Journey,

Scheduled-

OBHS to be provided in Return Journey,

Scheduled- Round Trip scheduled Journey

Time in Hrs.

Nominated Station(s) for enroute garbage

disposal

Train Frequency

(No. of services in a

week) From Time of Departure To Time of

Arrival From Time of Departure To Time of

Arrival Outward Journey

Return Journey

1 12002/01 14 NDLS 06:00 BPL 14:05 BPL 14:45 NDLS 22:45 16.10 JHS JHS Daily 2 12004/03 16 NDLS 06:15 LKO 12:30 LKO 15:35 NDLS 22:05 12.75 CNB CNB Daily 3 12011/12 15 NDLS 07:40 KLK 11:45 KLK 17:45 NDLS 21:55 8.25 - - Daily 4 12013/14 15 NDLS 16:30 ASR 22:35 ASR 05:00 NDLS 11:15 12.35 - - Daily 5 12017/18 12 NDLS 06:50 DDN 12:40 DDN 17:00 NDLS 22:45 11.60 - - Daily 6 12005/06 12 NDLS 17:15 KLK 21:20 KLK 06:15 NDLS 10:25 8.25 - - Daily

7 12015/16 13 NDLS 06:05 AII 12:45 AII 15:45 NDLS 22:40 13.60 JP JP Daily

8 12029/30 16 NDLS 07:20 ASR 13:25 ASR 16:55 NDLS 23:05 12.25 - - 6 days (Exc. Thu.)

9 12031/32 14 NDLS 07:20 ASR 13:25 ASR 16:55 NDLS 23:05 12.25 - - Weekly (Thu.) 10 12037/28 12 NDLS 07:00 LDH 12:25 LDH 16:40 NDLS 22:10 10.90 - - 5 days (Exc.

Mon. & Sat.) 11 12043/44 12 NDLS 07:00 MOGA 14:05 MOGA 15:00 NDLS 22:10 14.25 - - Bi-weekly

(Mon. & Sat.) 12 12040/39 9 ANVT 06:15 KGM 11:50 KGM 15:45 ANVT 21:15 11.10 MB MB 6 days (Exc.

Thu.) 13 Gatimaan 10 NDLS 08:45 AGC 10:30 AGC 17:30 NDLS 19:15 * 10.50 - - -

Note: i) Composition, arrival, departure time, journey time etc. are given as only indicative and is subject to change in part or whole based on

actual nomination and running of trains on day-to-day basis. ii) Besides above, any other trains under this category introduced during the currency of contract may be attended for OBHS as required

by Railway. * Lie over period shall be included with journey period for calculation of work-station hours for the train having 150% or more lie over

period w.r.t journey period

Page 36: Page 1 of 49 NORTHERN RAILWAY

Page 36 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-IV

QhMcsd izi= la[;k@Feedback Form No.000000

QhMcsd izi= FEED BACK FORM

“vkWu cksMZ gkml dhfiax lfoZl”

“ON BOARD HOUSEKEEPING SERVICES”

AC Coach

fVIi.kh% d`I;k LFkku ij (√ ) fu”kku yxk,aWA Note: please mark (√) in space S. No. Areas of Cleaning/Services Yes No

1. 'kkSpky;ksa fd lQkbZ 'kkfey gS % 'kkSpky; dk Q'kZ] deksM iSu] oky iSuy] lsYQ] vkbZuk] okW'k csflu] dhVk.kq'ks/ku vkSj nqxZ/kuk'kd iznku djuk bR;kfn dk;Z Cleaning of toilets (including toilet floor, commode pan, wall panels, shelf, mirror, wash basin, Disinfection and provision of deodorant etc.)

2. iSlsatj dEikVZesaV dh lQkbZ ¼'kkfey gS % ;k=h xfy;kjs] osfLVcqy{ks=] }kj{ks= vkSj }kj{ks= ds okW'kkcsflu dh lQkbZ] ,;j Qzs'kkuj dk fNM+dko djuk vkSj MLVfcu dh lQkbZ½ Cleaning of Passenger Compartment (including cleaning of passenger aisle, vestibule area, doorway area and doorway wash basin, spraying of air freshener and cleaning of dust bin)

For official use only SCORE

PSI

fVIi.kh vkSj lq>ko A Remarks/Suggestions: ;k=h dk uke@Passenger Name: xkMh la[;k@Train No.

;k=k dh rkjh[k@Date of Journey: MCck la[;k@Coach No.

nqjHkk’k u-a@Telephone No. 'kkf;dk dza@ Berth/Seat No.

;k=h ds gLrk{kj

Signature of Passenger dEIysaV vkSj lq>ko ds fy, fuEufyf[kr Qksu uacj dk iz;ksx djsA For any complaints and suggestion contact following numbers:

Page 37: Page 1 of 49 NORTHERN RAILWAY

Page 37 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-V 1. Work Evaluation:

Payment/penalty shall be based on average Passenger Satisfaction Index (PSI) of train on round trip basis. PSI will be calculated as under:

Total no of ‘yes’ obtained x 100 PSI = _____________________________

Total ‘yes’ to be obtained The contractor shall obtain Passenger feedback from at least 1 (one) Passenger per

reserved coach in each direction. One feedback for the rake shall also be taken from TS/TTE for each direction over and above that from Passengers.

2. Work station hours: i) Each work station shall comprise of one Janitor, Equipment, Tools & Consumables &

Uniforms etc. and to cater three (03) AC coaches. ii) No. of work station may increase or decrease depending upon actual composition of

coaches. iii) Calculation for Rate for one round trip OBHS of a train (rate for the train per

round trip) shall be done as under:

One Round trip time in Hours (Scheduled

journey time of a train)

No. of Work Stations per train (calculated on the

basis of actual)

Work station- hours

Accepted Unit Rate per Work

Station per Hour (In Rs.)

Rate per round trip OBHS of a

train

A B C=A x B D E = C x D

Note: However, Lie over period shall be included with journey period for calculation of work-station hours for the train having 150% or more lie over period w.r.t journey period.

iv) Depot wise quantity of work station hours Onboard Housekeeping Services (OBHS) in Shatabdi Express Trains and monitoring :

Depot Total Work

Station- Hours (Approx.)

Actual Work Station- Hours consumed in a particular month by

all trains

Cumulative consumption of actual work Station- hours till that month

Balance Work

Station- Hours

NDLS 576716

ANVT 31268

Total 607984

Note: i. Contract Signing Authority shall have the discretion to alter the above quantities

assigned to respective Depots. ii. Consumption of quantity shall be monitored as per above format.

Page 38: Page 1 of 49 NORTHERN RAILWAY

Page 38 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-VI

NAME OF THE FIRM Train No. ________________________ Train date ________________________ Name of Executive Housekeeper ________________________ Name of Janitor 1._______________________ 2._______________________ 3._______________________

4._______________________ 5._______________________ 6._______________________

S. No. Item description Brand/ make

Quantity issued at

originating station

1 Cleaning compound for PVC floor, Rexine and wall panels

R2/ Spiral (Johnson Diversey) or Sigla Neutral of Eco Lab or Mokleen or RIO 38 or Chela (Guardisan Fresh)

2 Cleaning agent for commode pan & wall protector

Taski R1/Taski R6 (Johnson Diversey) or Sigla Netural Eco Lab or Harpic or Retoil or Domex or Chela (Guardisan Fresh).

3 Disinfectant fluid R1/Stride (Johnson Diversey) or Equivalent brand or Eco Lab or Lizol. or Chela (Guardisan Fresh)

4 Mirror/window glass cleaner

Taski R3 (Johnson Diversey) or OC Glass cleaner Eco Lab or Collin or Mokleen or Chela (Guardisan Fresh).

5 Deodorant stick in lavatories Odonil 6 Liquid soap for hand wash Dettol/Lifebuoy/Palmolive/Fem

7 Room freshener (for coaches where automatic odour control system have not been installed)

Water based taski R5 or Equivalent brands of Eco Lab or Premium or

Hazel or Obious.

8 Mosquito repellent Hit/Baygon/Mortein

9

Toilet paper roll in Western Style toilets- two-ply white colour about 25 mtrs. Each ply of approx.10cm wide should have min. 200 pulls.

Johnson Diversey or Padumjee Pulp

10 Refill for personal seat cover – should have 100 sheets of good quality paper.

Johnson Diversey or Padumjee Pulp

Page 39: Page 1 of 49 NORTHERN RAILWAY

Page 39 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

ANNEXURE -VII

Shri ______________________________________________ employee of M/s.

_______________________________________________________is authorized to

travel On Board the following primary trains of this depot for their round trip journey for

providing ON BOARD HOUSEKEEPING SERVICE during the period from

_______________________ to ________________ .

S. No. TRAIN NO. (PAIR) NAME OF TRAIN

Name & Signature of the CDO with stamp

Passport size photograph duly attested by the CDO/Sr. DME

Page 40: Page 1 of 49 NORTHERN RAILWAY

Page 40 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-VIII Name & Logo of the Firm

Manpower

Originating Station

Train No. Train Date Name of Executive Housekeeper Name of Janitor 1. 4. 2. 5. 3. 6. Name Sign & Stamp of Railway Representative Contract No.

Name Sign & Stamp of Company Representative

Destination Station

Train No. Train Date Name of Executive Housekeeper Name of Janitor 1. 4. 2. 5. 3. 6. Name Sign & Stamp of Railway Representative Contract No.

Name Sign & Stamp of Company Representative

Originating Station on Return

Train No. Train Date Name of Executive Housekeeper Name of Janitor 1. 4. 2. 5. 3. 6. Name Sign & Stamp of Railway Representative Contract No.

Name Sign & Stamp of Company Representative

Page 41: Page 1 of 49 NORTHERN RAILWAY

Page 41 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-IX

FORMS Form No. E-5 Appendix-VIII

Electronic Clearing Service (Credit Cleaning) Model Mandate Form

(Investor/ customer’s option to receive payments through Credit Clearing Mechanism)

Name of the scheme and the periodicity of payment

No.

1) Investor/customer’s name : 2) Particulars of Bank account : A Name of the Bank : B Name of the branch : Address : Telephone No. : C 9- digit code number of the bank and branch Appearing on the MICR cheque issued by the bank: D Type of the account (S.B. Current or cash Credit) With code (10/11/13) E Ledger and Ledger folio number: F Account number (as appearing on the cheque book) (In lien of the bank certificate to be obtained as under.

Please attach a blank cancelled cheque or photocopy of cheque or front page of your savings bank pass book issued by your bank for verification of the above particulars)

3) Date of effect: I hereby declare that the particulars given above are correct and complete. If

the transaction is delayed or not effected at all for reasons of incomplete or incorrect information. I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.

(_______________________) Signature of the Investor Customer

Date Certified that the particulars furnished above are correct as per our records Bank’s Stamp

Signature of the Tenderer/s

Page 42: Page 1 of 49 NORTHERN RAILWAY

Page 42 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-X

Deviation Schedule

Clause # Comment Deviation(s)

General Conditions: Special Conditions:

Page 43: Page 1 of 49 NORTHERN RAILWAY

Page 43 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure-A Constitution of Firm:

1 Constitution of the Firm/ concern. (Tick as applicable

Sole Prop/Partnership Firm/ Company/Society

2 Full name of firm/ company/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 Names of the proprietor/partners etc. We have enclosed along with the tender, all the requisite documents pertaining to the constitution of the firm/ concern/ company etc., as specified in clause c of Instruction to tenderers. 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 tender

Page 44: Page 1 of 49 NORTHERN RAILWAY

Page 44 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Annexure K-2

Guidelines for submitting tenders by Partnership Firms and their Eligibility Criteria

1. The Partnership Firms participating in the tender should be legally valid under the provisions of Indian Partnership Act.

2. Partnership Firms are eligible to quote tenders of any value.

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

4. Separate identity/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.

5. Once the tender has been submitted, the constitution 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 inevitable 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 invalid and full EMD shall be forfeited. If any partner/s withdraws 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 shall not qualify for consideration towards eligibility criteria either individually or in proportion to this share 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.

6. 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.

7. 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.

8. One or more of the partners of the firm or any 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 a “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, relinquish any claim(s) preferred by the firm, sign “No Claim Certificate”, refer all or any

Page 45: Page 1 of 49 NORTHERN RAILWAY

Page 45 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

dispute to arbitration and to take similar such action in respect of the said tender/contract. Such “Power of Attorney” should be notarized/ registered and submitted along with tender.

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

10. 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 Machineries advance shall be submitted only in the name of the partnership firm and no splitting of guarantee among the partners shall be acceptable.

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

12. In case, the contract is awarded to partnership firm, the following undertakings shall be furnished by all the partners through a notarized affidavit, before signing of 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 and special conditions of the contract. The partners shall also be liable jointly and severally 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 firm agreement – The partnership deed/ partnership firm agreement shall normally not be modified, altered, terminated during the currency of contract and the maintenance period after the work is completed as contemplated in the conditions of the contract. Any change carried out by partners 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 Conditions 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 partner and that of the Railway in respect of the tender/contract.

13. The tenderer shall clearly specify that the tender is submitted on behalf of a partnership concern. The following documents 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 authenticated by a Notary Public or by a Magistrate

from all partners of the firm in favour of one or more of the partner(s) or any other person(s) as detailed in para (8) above.

c) An undertaking by all partners of the partnership firm shall be given that they have not been black listed or debarred by Railways or any other Ministry/Department of Govt. of India/ any State Govt. from participation in tenders/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.

Page 46: Page 1 of 49 NORTHERN RAILWAY

Page 46 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

14. Evaluation of eligibility of a partnership firm Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfilment 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 2.3.2 (A) (V) of special tender conditions and instructions for tenderers”) in its own name and style.

OR b) In case the 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 2.3.2 (A) (V) of special tender conditions and instructions for tenderers”) on the basis of his/her proportionate share in that proprietorship/ partnership firm reduced further by his/her percentage share in the tendering firm.

ii) Financial eligibility criteria – The tenderer shall satisfy either of the following criteria:-

a) The partnership firm shall satisfy the full requirements of the financial eligibility criteria (as defined in “para 2.3.2 (A) (VI) of special tender conditions and instructions for tenders”) in its own name and style.

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 sole proprietor or as partner in 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. (as defined in “para in 2.3.2 (A) (VI) of special tender conditions and instructions for tenderers”). Example on Evaluation of Technical & Financial Eligibility of Partnership Firm

A tendering partnership firm “ABCD” has four constituent partners 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:-

Page 47: Page 1 of 49 NORTHERN RAILWAY

Page 47 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

1 2 3 4 5

Partners Credentials of “A” & “B” derived from firm “ABZ” which has executed work of Rs.10.0 Cr.

Credentials of “C” derived from firm “CYX” firm which has executed work of Rs.5.0 Cr.

Credentials of “D” derived from Proprietorship firm “P” which has executed work of Rs.2.0 Cr.

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

% share in firm “ABZ”

Proportionate Credentials

% share in firm “CYX”

Proportionate Credentials

% share in firm “P”

Proportionate Credentials

% share in firm “ABCD”

Proportionate Credentials to “ABCD”

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

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

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

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

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

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

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

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

Evaluation of Technical Eligibility:-

Any one of the 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., Rs.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.

Page 48: Page 1 of 49 NORTHERN RAILWAY

Page 48 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

Financial Bid (Packet B) OFFER FORM (Schedule of Rates)

Tender No. : 197-S-153-OBHS-STB-14-MCIV

Name of work : OBHS in Shatabdi Express Trains based in Delhi division

Jurisdiction of work : Coach Care Centres, New Delhi & Anand Vihar

Period of work : Three years

Total Estimated Tender Value : Rs. 2,76,80,181/-(Including provision of Service Tax)

Total Estimated cost of work : Rs.2,66,90,497.60 (Without service Tax)

Earnest money : Rs.2,88,400/-

Date of opening of tender : 27.02.2015

Detail of item and estimated rates:

Item of work Total Work

Station- Hours

Estimated rates (In Rs.) Unit Rate (per Work Station

per Hour) (In Rs.)

Total Amount

OBHS in Shatabdi Express Trains based in Delhi Division 607984 43.90 2,66,90,497.60

TOTAL ESTIMATED COST OF WORK (Without Service Tax) 2,66,90,497.60

Note: The above mentioned estimated rates are not inclusive of Service tax. With provision of Service Tax, the approx. Tender value comes to Rs.2,76,80,181/-. I/WE HEREBY QUOTE ____________________ % (IN FIGURE) i.e. ___________________________________ PERCENT (IN WORDS) ABOVE/BELOW/AT PAR THE

ABOVE TOTAL ESTIMATED COST FOR Rs. 2,66,90,497.60 (Rs. Two Crore Sixty Six Lac Ninety

Thousand Four Hundred Ninety Seven and Paisa Sixty only).

NOTE : i) Tenderer/s shall quote single rate in % age above or below or at par over the total

estimated cost of work of Railway (i.e without Service tax), which shall be taken for comparison of rates.

ii) Payment for each item shall be made on the basis of rates, duly modified by quoted % age above/below/at par as accepted by Railway.

iii) The offered rates shall be inclusive of all charges and taxes i.e. transportation, Labour, Sales Tax, Excise duty & other applicable charges including contribution to PF, ESIC etc. & Except Service Tax and no separate charges would be paid whatsoever.

iv) Service tax (as applicable) shall be extra (presently @12.36%) and applicable on labour portion only. In this case labour portion shall be 30% (as per PVC) of the total estimated cost of work/total offered rate.

v) The reimbursement of Service Tax (as applicable) shall be made only after submission of necessary deposit receipts/challan submitted with Service Tax department.

Page 49: Page 1 of 49 NORTHERN RAILWAY

Page 49 of 49 NORTHERN RAILWAY

www.nr.indianrail.gov.in

vi) Sales Tax/DVAT shall be deducted from all bills at source as per provision of Delhi Sales Tax on works contract act 1999. However in this case, the Sales tax/DVAT (presently @4%) shall be applicable on 70% of the total estimated cost of work/total offered rate (i.e not including the labour component as per PVC). The sales tax/DVAT rates can be changed by the Delhi Sales Tax Department and shall be applicable.

vii) 2% income tax and 15% surcharge on I. Tax shall be deducted from bill and necessary I.T deduction certificate will be issued by DFM/Northern Railway/New Delhi.

viii) The minimum wages to be paid to the contractor’s labour shall not be less than Minimum wages rates as applicable in Delhi of unskilled labour for Janitors/cleaners and graduates for Executive Housekeepers, which shall be taken for analysis of quoted rates.

ix) Any offer lesser than minimum statutory requirement including total amount of minimum wages of 54 Nos. Janitors (cleaners) and 12 Nos. Executive Housekeepers + Sales Tax/DVAT as applicable + amount of contribution towards PF & ESIC of aforesaid nos. of manpower (as applicable) shall not be considered as valid offer.

x) Each work station shall comprise of one Janitor, Equipment, Tools, Consumables, Uniforms etc.

xi) For every three (3) AC coaches there shall be one cleaner/Janitor. There shall be 01(one) Executive Housekeeper to supervise the work in the train.

xii) No. of work station may increase or decrease depending upon actual composition of coaches.

xiii) Calculation for Rate for one round trip OBHS of a train (rate for the train per round trip) shall be done as under:

One Round trip time in

Hours (Scheduled journey time in Hrs. of a

train)

No. of Work Stations per train (calculated on the

basis of actual)

Work station- hours

Accepted Unit Rate per Work

Station per Hour (In Rs.)

Rate per round trip OBHS of a

train

A B C=A x B D E = C x D

xiv) However, Lie over period shall be included with journey period for calculation of work-

station hours for the train having 150% or more lie over period w.r.t journey period. xv) The contractor shall be responsible for depositing the contribution of PF, ESIC etc. of his

staff as per the provision of relevant Act/law and all legal obligations related to that. The tender(s) is/are advised to ensure the provision of PF, ESIC etc. as applicable accordingly before formulating the rates. No separate charges would be paid whatsoever.

xvi) No additional document pertaining to eligibility shall be entertained after opening of tender. The offer shall be evaluated as per the documents once submitted along with the offer and offer/s found without required document/s pertaining to eligibility will be summarily rejected.

Date: Signature of Tenderer Full name of Tenderer: