northern railway railway page 1 of 38 northern railway top sheet (a) details to be filled in by...

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Northern Railway

TOP SHEET

(A) Details to be filled in by Railway:

Tender Notice No. 197-S/148/ACMC-Wheel lathe/NDLS/15/MC-IV Full Name of work Comprehensive Annual Maintenance Contract for Three

years of New Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS

Total Estimated Tender Value Rs. 75,00,000/- (Including Service Tax) Completion Period 03 (Three) years Earnest Money amount Rs.1,50,000 /-

Cost of Tender Form Rs. 5,000/- (Non-refundable)

Last date/Time of receipt of Tenders 29.12.2015 up to 15:00 Hrs. Date & time of opening 29.12.2015 at 15:00 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 (ii) & (iii) 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.

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INDEX

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

1 Top Sheet 1 1

2 Index 2 2

3 Letter to Tenderer 3 3

4 Declaration Form 4 4

5 Instructions to Tenderers/s 5 7

6 Form for Agreement 8 8

7 General Conditions of Contract 9 17

8 Special Terms & Conditions of contract 18 22

9 Detailed scope of work (Annexure-I) 23 28

10 Proforma for monitoring (Annexure-II) 29 29

10 Electronic Clearing Service Model Mandate Form (Annexure-III)

30 30

11 Deviation Schedule (Annexure-IV) 31 31

12 Constitution of Firm (Annexure-V) 32 32

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

33 36

14 Offer Form (Schedule Of Rates) 37 38

Note: 1. Cost of tender form is Rs.5,000/-. 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.

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Letter to Tenderer Northern Railway

Delhi Division, DRM Office, State Entry, New Delhi

To, M/s __________________________

Sub: Tender For “Comprehensive Annual Maintenance Contract for Three years of New Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS”. Dear Sir,

1. Tender forms with tender conditions and Agreement for the above noted tender are enclosed. 2. Tender is on single packet system. Bid will contain earnest money, technical details, credentials for

technical eligibility, other related documents & offered rates/schedule of rates. All these will be kept in a sealed cover and packet marked for “Tender For “Comprehensive Annual Maintenance Contract for Three years of New Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS” and the name of tenderer.

3. Tender should be addressed to Sr. Divisional Mechanical Engineer (Chg.), Northern Railway, New Delhi and submitted in a sealed cover as indicated in para –2 above.

4. 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 29/12/2015. Tender box will be sealed at 15:00 Hrs on same date and sealed tender box will be opened by nominated officers at 15:00 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.

5. No tender will be considered if the requisite earnest money deposit and cost of tender document as specified are not submitted.

6. In case the offer submitted by any of the tenderer is not found suitable, earnest money submitted will be refunded.

7. The successful tenderer will have to start work within the stipulated period, failing which the earnest money and security money deposited shall be forfeited and action taken by Railway as deemed necessary.

8. 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.

9. This tender form is non-transferable.

Sr. Divisional Mechanical Engineer (Chg.)

Northern Railway, Delhi

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Tender Form No.: 197-S/148/ACMC-Wheel lathe/NDLS/15/MC-IV

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 “Comprehensive Annual Maintenance Contract for Three years of New

Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS”.

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 90 (Ninety) 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. 1,50,000/- 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 90 (Ninety) 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.

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C&W DEPARTMENT, DELHI DIVISION GENERAL TENDER CONDITIONS AND INSTRUCTION TO TENDERER/S

TENDER NO. 197-S/148/ACMC-Wheel lathe/NDLS/15/MC-IV

Name of work: “Tender For “Comprehensive Annual Maintenance Contract for Three years of New Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS”.

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.

iii) If above MENTIONED documents (as applicable) are not enclosed along with tender documents, the tender shall be treated a having been submitted by the individual who has signed he tender documents. After opening of the tender, any document pertaining to the constitution of the firm/JV/Society (as applicable), shall neither be asked nor be entertained/ considered under any

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circumstances and no claim or representation whatsoever form the tenderer in this regard shall be entertained.

No change in the constitution of the firm/JV/Company shall be permitted after opening of the tender except where necessitated due to the succession law. The “Power of Attorney” in favour of the individual signing the tender document may however be accepted subsequently, if acceptable reasons are furnished for the same.

“JVs/ Consortiums/MOUs” shall be considered only where permissible in the tender conditions”.

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) Deviation Schedule: 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-IV. 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.

xv) Validity of Offer: The validity of the offer should be kept open for 90 (Ninety) 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

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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. ACCEPTANCE OF TENDER :

2.1 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.

2.2 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.

2.3 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.

2.4 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.

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

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FORM FOR AGREEMENT

Contract Agreement No. 197-S/148/ACMC-Wheel lathe/NDLS/15/MC-IV Dated

ARTICLES OF AGREEEMENT made on …/…/2015 Between

1. The President of India acting through the Sr.DME/Chg., N.Rly. Delhi 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)

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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.

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

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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.

(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,

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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:

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 2014 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

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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.

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 2014 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

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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

10.1 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.

10.2 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.

10.3 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.

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

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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

(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.

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(d) The Railway shall not be liable to pay to the Contractor any moneys on account of the contract until the expiration of the period of maintenance and thereafter until the costs of completion and maintenance, damages for delay in completion (if any) and all other expenses incurred by the railway have been ascertained and the amount thereof certified by the engineer. The contractor shall than be entitled to receive only such sum or sums (if any) as the Engineer may certify would have been due to him upon due completion by him by him after deducting the said amount, but if such amount shall exceed the sum which would have been payable to the Contractor, than the Contractor shall upon demand pay to the Railway the amount of such excess and if shall be deemed a debt due by the Contractor to the Railwaay and shall be recoverable accordingly.

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 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.

(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.

(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.

(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

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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 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.

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14. 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.

15. 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 • 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

16. The contractor shall be responsible for depositing PF and ESIC of the contractor’s staff.

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

Service Tax.

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

19. 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.

20. 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.

21. 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.

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 2014 or latest. Sig. of the Contractor

Full name:

Address:

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SPECIAL CONDITIONS OF CONTRACT

Tender For “Comprehensive Annual Maintenance Contract for Three years of New Generation Under Floor Pit wheel Lathe (Make-HYT) of Coach Care Centre, NDLS”.

The tenderer/contractor should note that following credentials to be submitted alongwith with tender failing which the tender is likely to be rejected. A. EXPERIENCE EILIGIBILITY

1. The bidder should have an experience in carrying out similar works in Indian Railways. The term

“Similar Work/s” shall include manufacturing or reconditioning or AMC of ‘Surface Wheel Lathe or ‘Under Floor Pit Wheel Lathe’ used for wheel profile turning of rolling stock in Indian Railways. Copy of supply/purchase orders or work orders or agreement shall be submitted along with the offer.

B. TECHNICAL & FINANCIAL ELIGIBILITY

1. As a proof of technical experience/competence, the tenderer should have completed in the last three financial year (i.e. current year and three previous financial years) at least one similar single work for a minimum value of 35% of advertised tender value of the work. Similar work shall be taken as specified in A-1 above. Necessary certificates from the organization for whom the similar work executed along with 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 shall have to be given.

2. As a proof of financial capacity for undertaking this work, the tenderer should have received total

contract amount during the last 3 financial years in the current financial years, which should be a minimum of 150% of advertised tender value.

Necessary certificates duly attested and audited balance sheet duly certified by the Charted Accounts, shall have to be attached with the tender.

3. The following documents should be submitted along with tender –

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) Certificates from Private individuals for whom such works are executed / being

executed shall not be accepted.

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

1. OTHER TERMS & CONDITIONS

1. The work shall be carried out as per ‘Detailed scope of work’ as specified in Annexure-I. The contractor shall use his own resources required for the job.

2. Tenderers are required to quote for the comprehensive Annual Maintenance Contract for

the machine, which will be inclusive of all spares, material and labour costs for preventive as well as breakdown maintenance. All consumables except Diesel/ fuel, lubricating oils or coolant shall form a part of the scope of comprehensive AMC.

3. The duration of AMC shall be 3 years from the date of start of the work. Rates for AMC shall be

quoted by the tenderer on Yearly (Per Year) basis which will remain applicable during the 3 years duration of AMC and not subject to any variation except any statutory changes in taxes and duties as compared to quoted rates.

4. The tenderer must confirm willingness to offer AMC services at all consignee locations without

any preconditions. 5. The details of preventive maintenance services to be provided under AMC shall be provided by the

tenderer in the following format.

S.no

Type of Preventive Schedule

Periodicity Items to be checked

Items of Replacement

Expected Plant Down Time

Preventive maintenance shall be conducted on weekends through mutual agreement with the consignee. The preventive maintenance regime offered must be aimed at achieving minimum 90% uptime of the plant excluding the plant down time for preventive maintenance schedules.

6. The tenderer shall ensure that in case a failure is reported by a consignee. Qualified service engineer/s will visit the site within 24 hrs of written communication. This period of 24 hrs after the failure report shall be treated as grace period, which will not count towards plant down time for up to one failure per quarter and a maximum of 4 failures per annum. In case the number of failures exceed one during any quarter or four during any year of AMC, grace period of only two days will be permissible for such additional failures. Complaints shall be lodged by consignee by fax, e-mail or per bearer at addresses given by the tenderer. The responsibility to keep the failure reporting address details current will rest with the tenderer.

7. In case preventive maintenance is carried out along with breakdown maintenance schedule; preventive maintenance time will be deducted from breakdown time of the plant.

8. Penalty Clause:

i). Penalty shall be levied on the tenderer for maintaining plant up time below the limit of 90% calculated on working days basis, after discounting for grace period and preventive maintenance period. Penalty shall be calculated as %age of quarterly payment and will be deducted from the respective quarterly payments. Penalty calculation will be done over quarterly payment period as per Annexure-VII.

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S. No. Availability Slab Applicable Penalty

1 90% to 80% 0.5% for every 1% (or part there of) reduction in availability of plant below 90%.

2 Below 80% 1% for every 1% (or part there of) reduction in availability of plant below 80%.

ii). Railway will give advice the date for quarterly maintenance schedule to the contractor 72 hrs. in

advance. If the contractor does not attend the quarterly maintenance schedule within the period as advised by the Railway, a penalty will be imposed @ 1000/- per day.

iii). If the contractor does not attend any quarterly maintenance schedule, penalty will be imposed @ Rs. 50,000/- per quarter.

iv). If the contractor does not attend the work as per Scope of work, the penalty will be imposed and decided by the Accepting authority.

v). The contractor shall be liable to be penalized for any undesirable activities, endangering the image of railways. In this regard, decision of Accepting Authority will be final.

vi). 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, on receipt of recorded complaint/s & in case any abnormalities found during inspection by Railway official/s.

9. Plant up time of less than 60% for two consecutive quarters will constitute complete failure of tenderer to provide the AMC services successfully; the AMC BG will be forfeited. This will be in addition to penalty as per clause 8 above.

10. (a) In all cases of plant failure except as mentioned in clause 12(b), any other spare part or

material necessary to restore the plant to proper working order will be arranged by the tenderer as a part of AMC.

b) In case of damage to the machine on account of any external factor, viz., floods, earthquake, fire, arson or sabotage, entire cost of spare parts and material necessary for repair of the plant shall be borne by the railways. However the tenderer shall provide services of their engineers free of cost as a part of AMC to restore the plant to working order.

11. The contractor has to provide 04 (Four) quarterly maintenance schedules as given in 1st to 4th quarterly schedules during the period of annual maintenance contract.

12. Although quarterly schedules will be normally done on three months basis, yet the date of quarterly maintenance schedule will be decided by the Railways.

13. Railway shall provide maximum 05 (Five) days time for each quarterly schedule to carry out the

maintenance schedules activities in 1st quarter to 4th quarter list as per Annexure- I 14. The essential spares for one quarter shall be brought by the contractor at the time of the quarterly

maintenance schedule only and not earlier Railways will not bear any responsibility of keeping the inventory stock in their premises.

15. The essential spares supplied by the contractor should be either of OEM make or of those

suppliers who supplies spares to OEM for manufacturing of wheel lathe or of reputed make. 16. Railways will issue a certificate in terms of JOINT NOTE as a token of satisfactory service given

by the service engineer along with certificate of fitment of each spares. 17. On completion of the maintenance activities in every quarterly maintenance schedule, necessary

trials will be conducted on the lathe by the operator of RLYS.

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18. Inspection: The maintenance activities executed in each quarterly schedule including the fitment of essential/any other spares on lathe will be jointly inspected by Railway and the authorized representative of the contractor for ensuring free performance of the lathe and a joint inspection certificate will also be issued.

19. The contractor shall submit the BIO-DATA (Name, Father’s name, Address, Age, Passport size

photo & employee no. etc.) of his employees duly attested by the contractor to the concerned CDO, before taking up the job inside the complex at the beginning of the work as well as in between as and when any of his employee is replaced with new employee. The contractor shall provide ‘Identity Card’ to all those employees deputed to work, who shall carry out the said works. The concern CDO shall inform RPF authority regarding the contractor’s employee deputed to work inside the complex as per the said ‘Bio data’. Those employees having and wearing proper identity card, details of whom have been submitted to the concern CDO will only be allowed to work inside the complex.

20. PAYMENT TERMS:

20.1 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 quarter month after necessary deduction or recovery, which the Railway Administration may be entitled to make under the contract or any other contract. The bill should be raised by the contractor on quarterly basis and should be submitted latest by 7th of next month.

20.2. Payment will be made by Sr.DFM, Northern Railway, DRM Office, New Delhi. 20.3 All bills in four copies shall be submitted to concern CDO/depot In charge. 20.4 Payment will be made only after verification & certification by the concerned CDO/depot In-

charge. 20.5 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-III 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.

20.6 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. The sales tax/DVAT rates can be changed by the Delhi Sales Tax Department and shall be applicable

20.7. 2% income tax and surcharge (as applicable) on I. Tax shall be deducted from bill and necessary I.T deduction certificate will be issued by DFM/Northern Railway/New Delhi.

20.8. No extra payment CST/ST, Octroi or other taxes will be made to the agency. 21. If any staff/worker of the contractor is found indulging in undesirable activities, the contract may

be terminated. 22. The cost of damage to the railway property if incurred during the execution of work will be borne

by the contractor. 23. The contractor shall also keep a representative during the execution of the work for liaison at

Coach Care Centre, New Delhi. 24. 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

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involving his labour. Any compensation however as required under law would be payable by the contractor.

25. The Railway will provide space for storage of materials, machines & tools etc. during the

execution of the work. However in case of any loss/theft Railways shall not be responsible for these items.

26. 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/Chg/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.

27. Issue of Entry Permit: Contractor should issue Identity badges (as per approved format by

concerned CDO/SSE) 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.

28. 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.

29. The contractor shall be liable to be penalized for any undesirable activities, endangering the

image of railways. In this regard decision of Accepting Authority will be final. 30. In case of any contradiction between special terms & conditions of tender and general conditions,

then the special terms & conditions shall prevail. 31. 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 and will be deducted from bill of contractor.

32. 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. DME/Chg N. Rly., Delhi

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Annexure-I

Detailed Scope of Work

The Agency will perform the following acts and procedures for the work of “Comprehensive Annual Maintenance Contract for Three Years of New Generation Under Floor Pit Wheel Lathe (Make-HYT)”

MAINTENANCE SCHEDULE FOR UNDER FLOOR PIT WHEEL LATHE

FIRST QUARTER 1. Noise level checking of all the electric motor bearings will be done & the electric motor bearings

will be greased if required. 2. Filters of lubrication system will be cleanedand replaced if required. 3. Planetary gearbox and slow speed gearbox oil will changed with oil indicated in instruction manual

will be maintained. The required gear oil (servomesh SP – 220), will be arranged by contractor 4. Checking and tightening of all the screws of the electrical connections on the contractors, fuses, all

type of relays, connectors, push buttons, switches etc. 5. Cleaning of contacts of contractors, relays, motors, etc by CTC spray 6. The control panel will be thoroughly cleaned from inside. 7. Silica gel bags in control panel will be replaced. 8. Adjusting of Template magazine will be checked and adjusted, if found defective same will be

repaired/replaced. 9. Couping of hydraulic pump motor will be checked and ensured. 10. Play in the crossed roller bearing of tracer slide will be adjusted. Bearings will be replaced if

required. Necessary spares should be arranged by tenderer 15 days in advance scheduled maintenance

11. Cylinder will be checked 15 days in advance for internal leakages. Replacement of seals will have to be done if required. Necessary spares should be arranged by tenderer 15 days in advance of actual schedule maintenance.

12. Lubrication oil reaching to all lubricating points will be checked and repaired if required. 13. Wear and tear parts will be checked and replaced wherever required. Necessary spares should be

arranged by Tenderer 15 days in advance of actual schedule maintenance. 14. Wipers of all guide ways will be replaced 15. All limit switches will be checked, if defective, will be replaced. 16. All lock nuts and all the nut/bolts on the machine will be checked for tightening. 17. Piping leakages will be attended wherever required. 18. Dia measuring device will be checked, if defective, will be replaced . 19. Tracer will be cleaned checked, if defective, will be replaced. 20. All the pilot operated check valves will be cleaned checked, if defective, will be replaced. 21. Accumulator charging will be done. Nitrogen cylinder will be arranged by the tenderer 22. Tool clamping bolts will be checked for tightening. Tool holder both side, tool post, cassettes will

be checked and defective will be changed by new one 23. Circular sealing rings of all the hydraulic valve mounting seats will be replaced. Necessary spares

should be arranged by Tenderer 15 days in advance of actual schedule maintenance 24. Filter element of all the hydraulic filters will be replaced. Necessary spares should be arranged by

Tenderer 15 days in advance of actual schedule maintenance 25. Replacement of hydraulic oil, tank will be fully drained and cleaned thoroughly. However the

required hydraulic oil (servo system-68) to be arranged by the contractor. 26. Profile template and tracer templates will be checked and replaced, if required. 27. Circular sealing rings for tracer valve will be replaced. 28. Tracer head parts will be replaced, if required. Necessary spares should be arranged by Tenderer 15

days in advance of actual schedule maintenance 29. Proportional flow control valves and cards will be checked and changed if required.

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30. External pilot operated pressure reducing (DZ10) valve will be checked and replaced if required. 31. Electric supply caps (plug-in-connectors) of all the direction control valves will be replaced. 32. All direction control valves used in hydraulic units will be cleaned thoroughly. If defective, will be

repaired/replaced. 33. Joy stick switch/speed selector switch will be replaced if required. 34. Power contact kits for all power contractors will be replaced, if required 35. All push buttons will be replaced if required, 36. Alignment of tracer templates and profile templates will be checked and corrected if required 37. Tracer head cleaning, greasing and re-assembly will be done.. 38. Bearing noise of all the bearings will be checked and changing the bearing, if required. 39. All the high pressure hydraulic hoses will be replaced if required. 40. Wear of drive rollers will be checked and replaced if required. 41. Driver roller run out will be checked and adjusted. 42. Sliding rail play will be checked and adjusted. 43. Play between nut and lead screw of tracer slide will be checked and adjusted if required. Lead

screw nut will be replaced if required 44. Bearing of suspension arms will be replaced if required. 45. Cross slide piston rod bush will be changed if required 46. Lubrication pump will be changed if required. 47. Gear box covers will be opened to check the wear and damage of gears and shafts and to replace

defective parts. 48. Rail alignment will be checked and will corrected if required. 49. Hold down claw will be changed if required. 50. Gears of which will be replaced if required. 51. Wire rope of winch will be replaced, if required. 52. Glycodur bush for template holder will be changed, if required. 53. Play between nut and lead screw of template slide will be checked and adjusted. 54. All interlocks of machine will be checked. 55. All machine lamps and indication lamps will be checked working and changed if required. 56. Megger test of all the electrical motors for insulation resistance will be carried out. 57. Feed synchronising unit will be checked for proper working and will be replaced, if required. 58. Free wheel clutches of planetary gearboxes will be checked and replaced, if required. 59. Fuses, single phasing preventer and diode will be checked and replaced. 60. Turning cassette and facing cassette will be checked and replaced if required. 61. NEEL servo voltage stabilizer will be thoroughly checked, servo motors, cards and Pieces,

transformer oil, all voltmeter and ammeters, push buttons, LED’s, rotary switch and internal transformer core and winding will be checked and repaired for good operation (if required).

62. Top roller assembly will be checked and repaired/replaced if required. 63. Radiator of Power pack will be checked and cleaned/repaired/replaced if required. 64. Lubrication oil Servo Way 68 as per requirement will be arranged by the contractor.


SECOND QUARTER

1 Noise level checking of all the electric motor bearings will be done & the electric motor bearings will be greased if required.

2. Filters of lubrication system will be cleaned and replaced if required. 3 Checking and tightening of all the screws of the electrical connections on the contractors,

fuses, all type of relays, connectors, push buttons, switches etc. 4. Cleaning of contacts of contractors, relays, motors, etc by CTC spray. 5. The control panel will be thoroughly cleaned from inside.

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6. Silica gel bags in control panel will be replaced. 7. Adjusting of Template magazine will be checked and adjusted following the procedure given

in the instruction manual. 8. Couping gap of hydraulic pump motor will be checked and ensured. 9. Play in the crossed roller bearing of tracer slide will be adjusted. Bearings will be replaced

if required. Necessary spares should be arranged by tenderer 15 days in advance scheduled maintenance

10. Lubrication oil reaching to all lubricating points will be checked and repaired if required. 11. Wear and tear parts replacent will be checked and replaced wherever required. Necessary

spares should be arranged by Tenderer 15 days in advance of actual schedule maintenance.

12. All lock nuts, and all the nut/bolts on the machine will be checked for tightening. 13. Piping leakages will be attended wherever required. 14. Tracer will be cleaned. 15. Tool clamping bolts will be checked for tightening. Tool holder both side, tool post, cassettes will

be checked and defective will be changed by new one 16. Proportional flow control valves and cards will be checked and changed if required. 17. Alignment of tracer templates and profile templates will be checked and corrected if

required 18. Tracer head cleaning, greasing and re-assembly will be done.. 19. Driver roller run out will be checked and adjusted. 20. Sliding rail play will be checked and adjusted. 21. Play between nut and lead screw of tracer slide will be checked and adjusted if required.

Lead screw nut will be replaced if required 22. Play between nut and lead screw of template slide will be checked and adjusted. 23. All interlocks of machine will be checked and repaired if required. 24. All machine lamps and indication lamps will be checked working and replaced if required. 25. Megger test of all the electrical motors for insulation resistance will be carried out. 26. Way wipers will be replaced 27. Hydraulic oil sample will be taken 15 days in advance and tested and replaced if required 28. Fuses, single phasing preventer and diode will be checked and replaced. 29. Top roller assembly will be checked and repaired/replaced if required. 30. Turning cassette and facing cassette will be checked and replaced if required. 31. All limit switches will be checked, if defective, will be replaced. 32. Radiator of Power pack will be checked and cleaned/repaired/replaced if required. 33. Lubrication oil Servo Way 68 as per requirement will be arranged by the contractor.


THIRD QUARTER

1. Noise level checking of all the electric motor bearings will be done & the electric motor bearings will be greased if required.

2. Filters of lubrication system will be cleaned and replaced if required 3. Change Planetary gearbox and slow speed gearbox oil will changed with oil indicated in

instruction manual will be maintained. The required gear oil (servo mesh SP – 220), will be arranged by contractor

4. Checking and tightening of all the screws of the electrical connections on the contractors, fuses, all type of relays, connectors, push buttons, switches etc will be done

5. Cleaning of contacts of contractors, relays, motors, etc by CTC spray

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6. The control panel will be thoroughly cleaned from inside. 7. Silica gel bags in control panel will be replaced. 8. Adjusting of Template magazine will be checked and adjusted following the procedure given in

the instruction manual. 9. Couping of hydraulic pump motor will be checked and ensured. 10. Play in the crossed roller bearing of tracer slide will be adjusted. Bearings will be replaced if


11. Lubrication oil reaching to all lubricating points will be checked and repair if required. 12. Wear and tear parts will be checked and replaced wherever required. Necessary spares should be

arranged by Tenderer 15 days in advance of actual schedule maintenance. 13. Wipers of all guide ways will be replaced 14. All limit switches will be checked and replaced if required 15. All lock nuts, and all the nut/bolts on the machine will be checked for tightening. 16. Piping leakages will be attended wherever required. 17. Dia measuring device will be checked, if defective, will be replaced . 18. Tracer will be cleaned and repaired if required. 19. Tool clamping bolts will be checked for tightening. Tool holder both side, tool post, cassettes will

be checked and defective will be changed by new one 20. Tracer head parts will be replaced, if required. Necessary spares should be arranged by Tenderer

15 days in advance of actual schedule maintenance 21. Proportional flow control valves and cards will be checked and changed if required. 22. All push buttons will be replaced if required, 23. Alignment of tracer templates and profile templates will be checked and corrected if required 24. Tracer head cleaning, greasing and re-assembly will be done.. 25. Driver roller run out will be checked and adjusted. 26. Sliding rail play will be checked and adjusted. 27. Play between nut and lead screw of tracer slide will be checked and adjusted if required. Lead

screw nut will be replaced if required 28. Play between nut and lead screw of template slide will be checked and adjusted. 29. All interlocks of machine will be checked. 30. All machine lamps and indication lamps will be checked working. 31. Megger test of all the electrical motors for insulation resistance will be carried out. 32. All the pilot operated check valves will be cleaned. 33. Accumulator charging will be done. Nitrogen cylinder will be arranged by the contractor. 34. Circular sealing rings of all the hydraulic valve mounting seats will be replaced. Necessary spares

should be arranged by Tenderer 15 days in advance of actual schedule maintenance 35. Replacement of filter element of all the hydraulic filters will be done. Necessary spares should be

arranged by Tenderer 15 days in advance of actual schedule maintenance 36. Replacement of hydraulic oil tank will be fully drained and cleaned thoroughly. However, the

required hydraulic oil, servo system 68 to be arranged by the contractor in advance and Necessary spares should be arranged by contractor 15 days in advance of actual schedule maintenance

37. Circular sealing rings of all the hydraulic valve mounting seats will be replaced. 38. Pressure reducing (DZ10) valve will be checked and replaced if required. Necessary spares

should be arranged by contractor 15 days in advance of actual schedule maintenance 39. Electrical supply caps (plug-in-connectors) of all the direction control valves will be replaced.

Necessary spares should be arranged by contractor 15 days in advance of actual schedule maintenance

40. All the direction control valves used in hydraulic units will be cleaned 41. Power contact kits for power contractors will be replaced, if required will be cleaned by spray. 42. Bearing noise of all the bearings will be checked and to change the bearing if required. 43. Wear of drive rollers will be checked and replaced if required. Necessary spares should be

arranged by Tenderer 15 days in advance of actual schedule maintenance 44. Lubrication pump will be changed, if required. 45. Rail alignment will be checked and will be corrected, if required.

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46. Motor bearings will be replaced, if required. Necessary spares should be arranged by Tenderer 15 days in advance of actual schedule maintenance

47. Hold down claw to be changed if required. 48. Wire rope of winch will be replaced, if required. Necessary spares should be arranged by

contractor 15 days in advance of actual schedule maintenance 49. Feed synchronising unit will be checked for proper working will replaced, if required. Necessary

spares should be arranged by contractor 15 days in advance of actual schedule maintenance 50. Way wipers will be replaced. 51. Fuses, single phasing preventer and diode will be checked and replaced if required. 52. Top roller assembly will be checked and repaired/replaced if required. 53. Turning cassette and facing cassette will be checked and replaced if required. 54. Radiator of Power pack will be checked and cleaned/repaired/replaced if required. 55. Lubrication oil Servo Way 68 as per requirement will be arranged by the contractor.


FOURTH QUARTER

1. Noise level checking of all the electric motor bearings will be done & the electric motor bearings will be greased if required.

2. Filters of lubrication system will be cleaned and replaced if required 3. Checking and tightening of all the screws of the electrical connections on the contractors, fuses, all

type of relays, connectors, push buttons, switches etc. 4. Cleaning of contacts of contractors, relays, motors, etc by CTC spray 5. The control panel will be thoroughly cleaned from inside. 6. Silica gel bags in control panel will be replaced. 7. Adjusting of Template magazine will be checked and adjusted following the procedure given in

the instruction manual. 8. Couping of hydraulic pump motor will be checked and ensured. 9. Play in the crossed roller bearing of tracer slide will be adjusted. Bearings will be replaced if


10. Lubrication oil reaching to all lubricating points will be checked and repaired if required. 11. Wear and tear parts will be checked and replaced wherever required. Necessary spares should be

arranged by Tenderer 15 days in advance of actual schedule maintenance. 12. All lock nuts, and all the nut/bolts on the machine will be checked for tightening. 13. Piping leakages will be attended wherever required. 14. Tracer will be cleaned and repaired if required. 15. Proportional flow control valves and cards will be checked and changed if required. 16. Alignment of tracer templates and profile templates will be checked and corrected if required 17. Tracer head cleaning, greasing and re-assembly will be done.. 18. Driver roller run out will be checked and adjusted. 19. Sliding rail play will be checked and adjusted. 20. Play between nut and lead screw of tracer slide will be checked and adjusted if required. Lead

screw nut will be replaced if required 21. Play between nut and lead screw of template slide will be checked and adjusted. 22. All interlocks of machine will be checked. 23. All machine lamps and indication lamps will be checked working. 24. Megger test of all the electrical motors for insulation resistance will be carried out. 25. Fuses, single phasing preventer and diode will be checked and replaced if required. 26. Way wipers will be replaced 27. Hydraulic oil sample will be taken 15 days in advance and tested. 28. Top roller assembly will be checked and repaired/replaced if required.

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29. Turning cassette and facing cassette will be checked and replaced if required. 30. All limit switches will be checked, if defective, will be replaced. 31. Radiator of Power pack will be checked and cleaned/repaired/replaced if required. 32. Lubrication oil Servo Way 68 as per requirement will be arranged by the contractor. 33. Tool clamping bolts will be checked for tightening. Tool holder both side, tool post, cassettes will

be checked and defective will be changed by new one

Note: During the currency of contract if any component/spares is required to replaced and or any must change item shall have to replaced it will be done at the cost of the contractor. No additional cost shall be provided by the Railways . Hence the tenderer is requested to calculate their rates accordingly before quoting their rates

Sr. DME/Chg N. Rly., Delhi

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Annexure-II PROFORMA

Consignee’s Certificate for Quarterly Work Done Under AMC

(AMC of ‘Under Floor Pit Wheel Lathe of New Delhi’ is not in the scope of this contract.)

1. Name of Machine:

2. Name of Depot:

3. Name of Contractor:

4. AMC Agreement No.

5. Quarterly Charges for AMC (Standard):

6. Quarter for which bills are preferred: 1st/2nd/3rd/4th Quarter

From:__________ To:_____________

7. No. of Breakdown during the quarter:

8. Calculation of penalty & Net AMC charges payable to contractor for the quarter:

I. Total Plant Down Time (in days): II. Standard down days for preventive maintenance (in days/quarter):

III. Total grace period for breakdown: IV. Net down time for the machine [=(I)-{(II)+(III)}]: V. 100% Availability for the quarter (in days):

VI. Actual availability [=(V)-(VI)]: Actual availability in %age [={(VI)/(V)}x 100]

vii) Calculation of penalty:

a) %age availability below 90% to 80%: b) %age availability below 80%: c) Other penalties d) Penalty [={(VII a)x(5)x0,005+(VII b)x(5)x0.01} + (Vii c)]:

viii) Net amount payable as AMC charges to [= (5)-(VII d)]

9. It is certified that all spares borrowed by the for the previous quarter have been returned in good condition.

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Annexure-III

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)

20.9. 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

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Annexure-IV

Deviation Schedule

Clause # Comment Deviation(s)

General Conditions:

Special Conditions:

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Annexure-V 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 Tenderer

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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 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.

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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.

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

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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:-

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”


% share in firm “P”


% 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 10% 10% of 2Cr.

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2Cr.= 2.0 Cr. =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.

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OFFER FORM

Tender No. 197-S/148/ACMC-Wheel lathe/NDLS/15/MC-IV

Name of work Comprehensive Annual Maintenance Contract for Three years of New Generation Under Floor Pit wheel Lathe (Make-HYT)

Jurisdiction of work Coach Care Centre, NDLS

Period of contract Three years

Total Estimated Tender Value Rs. 75,00,000/- (Including Service Tax)

Earnest money Rs. 1,50,000 /-

Date of opening of tender 29.12.2015

Detail of item and estimated rates:

S. No Item/Activity Quarterly rate Total yearly rate

1 Total Cost for First year schedule including mainteance,labour charges and essential spares

600000.00 2400000.00

2 Total Cost for Second year schedule including mainteance,labour charges and essential spares

625000.00 2500000.00

3 Total Cost for Third year schedule including mainteance,labour charges and essential spares

650000.00 2600000.00

G.TOTAL 7500000.00

zzzI/WE HEREBY QUOTE ____________________ % (IN FIGURE) i.e.

___________________________________ PERCENT (IN WORDS) ABOVE/BELOW/AT PAR THE

ABOVE TOTAL ESTIMATED COST FOR Rs. 75,00,000/-( (Rs. Seventy Five Lac only).

NOTE : Tenderer/s shall quote single rate in % age above or below or at par over the total estimated cost of work of Railway. Anything other than the quoted % written in the Offer Form shall not be considered whatsoever.

i) 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.

ii) The offered rates shall be inclusive of all charges and taxes i.e. all components, spares, transportation, Labour, Sales Tax, Service Tax (as applicable) & other applicable charges and no separate charges would be paid whatsoever.

iii) 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

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applicable. The sales tax/DVAT rates can be changed by the Delhi Sales Tax Department and shall be applicable.

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

Date: Signature of Tenderer

Full name of Tenderer:

northern railway railway page 1 of 38 northern railway top sheet (a) details to be filled in by...

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