east central railway general stores depot garhara tender document tender notice...

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Signature of Tenderer/s For Dy.CMM/D/GHZ

EAST CENTRAL RAILWAY

GENERAL STORES DEPOT GARHARA

TENDER DOCUMENT

Tender Notice No. S/34/2014/01

Date of opening 11/07/2014

Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis.

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CHAPTER - I EAST CENTRAL RAILWAY

Tender Notice No. S/34/2014/01 Date of opening -11.07.14 Forwarding letter: Detailing salient features of the tender Issued to: Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis. Demand Draft/ Railway Money Receipt No.

Date

Issued by

Amount (in figure and words)

Dear Sirs,

1.0 Sealed tenders have been invited for and on behalf of the President of India for the above-mentioned work as per tender notice quoted above. A copy of the tender notice is enclosed herewith as Chapter-II.

2.0 The tender document is hereby being issued to you on your request and on your having deposited the requisite cost of the tender document as per aforesaid details. The tender document is being issued with further condition that you agree to abide by the conditions laid down hereinafter in the tender document before submitting your quotation.

3.0 The Railway, before the due date of opening, may of its own or in response to any clarification requested or suggested by any person including that of the renderer modify the tender document at its sole discretion.

4.0 This tender documents contains 28(twenty eight) pages only including cover page and 06(Six) chapters.

5.0 These tender documents also include as integral part of these documents,

the “East Central Railway’s General Conditions of Contract as amended by updated correction slips here in after referred to as GCC”, “East Central Railway’s Labour and Material Schedule - 2008 for Civil Engineering Department as amended by updated correction slips hereinafter referred to as L&M Schedule, ECR/SOR/2008”.

6.0 All the above mentioned chapter taken together, shall constitute the complete tender document hereinafter referred to as “tender document”

Chapter

Nature of document Page reference

I Forwarding letter detailing salient features of the tender 2 to 3

II Tender Notice 4 to 5

III Condition of tender and instruction to tenderer(s) with Annexure - 1 to 3

6 to 13

IV Form of tender, Schedule of Work & Estimate 14 to 18

V Special conditions and specifications of contract 19 to 28

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and have to be read together and acted upon accordingly. No part of the tender document can be relied upon or acted upon in isolation.

7.0 In the event of any conflict between the books of reference and contents of various chapter of these documents, the later shall prevail.

8.0 Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis.

9.0 Approximate cost of the work: The assessed cost of the work covered by this tender has been given in the tender notice. The cost is approximately Rs. 39,75,625/-

10.0 Date of opening: 11.07.14 11.0 Opening of the tender: The tender will be received in the office of the

Controller of stores ,old G.M. building, E. C. Railway, Hajipur-844101. ,

up to the date of opening indicated above till 13.30 hrs when the tender box would be closed, and will be opened on the same day at 14.00 hrs.

12.0 In case the tender opening day is declared a holiday on account of any reason, the tender box shall be closed and opened at the same time on the next working day.

13.0 Amount of Earnest Money:Rs.79,520/- (Rupees seventy nine Thousand five Hundred and Twenty) only.

The tenderer shall be required to deposit earnest money with the tender for the due performance with the stipulation to keep the offer opened till such date as specified in the tender, under the conditions of tender. The earnest money shall be 2% of the estimated tender value as indicated in the tender notice and valid up to the contractual period or at least 18 months from the date of tender opening. The earnest money shall be rounded to the nearest Rs.10. The earnest money should be in cash or in any of the following form:

(i) Deposit Receipts/ Pay order/ Demand Draft/ payable to FA & CAO/E. C. Railway, Hajipur-844101. These forms of earnest money could be either of State Bank of India or of any of the Nationalized Banks. No confirmatory advice from the Reserve Bank of India will be necessary.

(ii) Deposit Receipt executed by the Scheduled Banks (other than the State Bank of India and the Nationalized Bank) approved by the Reserve Bank of India for this purpose. The Railway will not however accept Deposit Receipt without getting in writing the concurrence of the Reserve Bank of India.

Also see condition no. 12 of Chapter -III 13.0 Validity of the Tender: A Tenderer shall keep his tender opened for a

period of 120 days from the date of opening of the tender. 14.0 Schedule of Items: The Tenderer shall fill in his rates for doing this

work in the schedule. Enclosure: The tender document in total 28 pages

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CHAPTER - II East Central Railway (Stores Department)

Tender Notice Tender Notice No.S/ 34/2014/01

1. Sealed Open tender is invited for and on behalf of the President of India from reputed contractors with sufficient experience and financial capability.

2. Tender forms are available in the office of the Dy. Chief Materials Manager, General Stores Depot/Garhara, Distt- Begusarai, Pin-851126 on production of Demand Draft from any Nationalized/Scheduled Bank in favour of FA & CAO / E.C. Railway, Hajipur or Money receipt issued by the Divisional Cashier, E.C. Railway, Samastipur for the cost of Tender Document mentioned above between 10.00 Hrs. to 16.00 hrs. on any working day from 26.05.14 to 10.07.14 In case any tenderer wish to obtain the tender document by post, Rs.100.00 (One hundred) extra in addition to cost of tender should be sent by Demand Draft in favour of FA & CAO /E.C. Railway, Hajipur-844101.Tender Notice and tender document is also available on website www.ecr.Indianrailways.gov.in and www.tenders.gov.in. The Tenderer can down load the Tender documents and the same should be submitted with their bids along with original documents in proof of submission of tender cost. Tender Notice is also available on the Notice Board of the office of Dy.Chief Materials Manager, General Stores Depot, Garhara.

3. Tenders can be dropped in prescribed tender box placed in the office of Controller of stores , old G.M. building, E. C. Railway, Hajipur-844101 up to 13.30 hrs of the date of opening and tender will be opened at 14.00 hrs on the same day. The tenderers intend to attend the tender opening may be present at the venue of tender opening on schedule date and time of opening of the tender. If the office is closed on the stipulated date and time due to some unforeseen holidays, tender will be received and opened on the next working day at the same place and time.

Tender can also be sent to Controller of stores ,Old G.M. building, E. C.

Railway, Hajipur-844101. by registered post/ speed post/ courier service to reach before 13.30 hrs of the date of opening. However, Railway will not be responsible for non - receipt or delayed receipt of such tenders.

4. The tender must be submitted with proper amount of earnest money in favour of FA & CAO/E.C. Railway, Hajipur. Tender without proper earnest money will be summarily rejected. The tender form is not transferable.

5. Railway reserves their right to cancel tender where item wise rate have not been quoted.

6. The Railway reserves the right to either cancel the tender or reject the tender without assigning any reason thereof.

SMM/GSD/GHZ For and on behalf of the President of India

Sl.

No.

Name & Brief description

of work

Approx.

value (Rs.)

Cost of

tender document

s

Earnest

Money

Comple

- tion period

Date of

opening

1 Transportation of Railway

materials by private Lorry

from anywhere to

anywhere in India on per

Km per MT basis.

39,75,625/- Rs

2000/-

Rs.

79,520/-

One(01)

Year

11.07.14

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

http://www.tenders.gov.in/

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CHAPTER - III

CONDITIONS OF TENDER AND INSTRUCTIONS TO TENDERER(S) 1. (a) TENDERER: The person(s)/Firm(s) who submitted these tender documents as an offer to carry out the work detailed in chapter II are termed Tenderer(s) in these documents.

(b) THE CONTRACTOR (S): The tenderer(s) whose tender(s) has been accepted

by the Railway shall thereafter be termed Contractor(s) and these tender documents of the accepted tender(s) shall become a part of the Contract/Agreement between the Contractors and the Railway.

2. BOOKS OF REFERENCE: These tender documents also include as integral part of these documents, the “East central Railway’s General Condition’s of

Contract as amended by updated correction slips here in after referred to as “GCC”, “East Central Railways Labour and Material Schedule, 2008 for Civil Engineering Department as amended by updated correction slips hereinafter referred to as L&M Schedule, ECR/SOR/2008” and “Standard specification contained in East Central Railway General Condition’s of Contract and standard specification -1969 as amended by updated correction slips hereinafter referred to as GCC of Specification -1969”. These three books are hereinafter called the “Books of Reference”.

3. SCOPE OF TENDER : Sealed tenders are invited for and on behalf of the President of India for work described in the Chapter-II of these tender documents. 4. INSPECTION OF DATA: Other information for the work, relevant to this

tender, may be obtained from the office of the Dy.CMM/GSD/GHZ on any working day during office hour.

5. INSPECTION OF SITE: Tenderer must acquaint himself, at his own responsibility, risk and expenses with all information of the site(s) of work(s) and their neighborhoods, actual working and other prevalent conditions, laws/regulations, accessibility of site(s) of work(s) sources and availability of water, electricity, market, banking facilities etc. and all such possible factors as have bearing on rates and execution of the work under this tender and should be taken all these factors into consideration before submitting this tender.

6. TENDERER’S POSTAL ADDRESS : 6.1 Every tenderer shall state in the tender, his postal address fully and clearly

in Chapter -V “Form of Tenders”. Any communication sent in time to the Tenderer by post at the said address shall be deemed to have reached the Tenderer duly and in time. Important documents shall be sent by Registered post.

6.2 CHANGE OF ADDRESS : The Tenderer must keep the Railway informed of any change of address during the currency of tender of work in his own interest.

7. TENDERS TO BE SIGNED BY AUTHORISED PERSONS : (a) The Tender shall be signed by individual or individuals legally authorized to enter into commitments on behalf of the Tenderer (s). Any individuals or individuals signing the tender documents or other documents connected there with should specify whether he is signing the said documents:

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(i) As a Sole Proprietor of the firm or Attorney of the Sole proprietor.

or (ii) As a Partner of partnership firm

or (iii) As a Director, Manager or Secretary in a Limited company(duly

authorized by a resolution passed by the board of directors or in presence of the authority conferred by the memorandum of association).

(b) In the case of a firm not registered under the Indian partnership act, all the partners or the attorney duly authorize by all of them should sign the tender documents and all other concerned documents.

(c) Requisite power of attorney or such other documents empowering the

individuals or the individuals to sign the Tender document should be furnished in original, along with the Tender.

(d) The Railway shall not be bound by any Power of Attorney granted by the Contractor or by changes in the composition of the firm made subsequent to the execution of the Contract agreement. It may, however, recognize such Power of Attorney and changes, after obtaining legal advice to the satisfaction of the Railway, the cost of which will be borne by the Contractor. EX. RAILWAY OFFICERS AS TENDERER(S) : Should a Tenderer be himself a retired employee having held a Gazetted rank in any of the Railways, owned and administered by the President of India, or should a Tenderer, being a partnership firm, have as one or more of its partners, such retired employee(s) as aforesaid, or, should the Tenderer being an incorporate company, have any such person(s) as aforesaid, as sits Director(s), or, should the tenderer have, in his employment, any person(s), as aforesaid, full information of such person(s) shall be submitted in Annexure - 1 to this Chapter of these Tender documents. Further, in cases, where such a person(s), as aforesaid, has retired from the Railway service within two years of the date of opening of the Tender, the Tenderer(s) shall furnish a copy of the permission of the President of India, permitting such a person(s), as aforesaid, to associate himself with the Tenderer(s), in any of the capacity as aforesaid, in the aforesaid Annexure - 1.

TENDERER(S)’ RELATIVE EMPLOYED AS GAZETTED OFFICER: In case of a Tenderer(s) being an individual having a relative(s) employed in any Gazetted capacity in the East Central Railway or in the case of partnership firm/or company incorporated under the Indian Company law, should any partner(s) /Director(s) or relevant(s) of the partner(s) / Director(s) or share holder (s) , be employed in any Gazetted capacity in the East Central Railway, detailed information about such Gazetted employee(s) shall also be furnished in the aforesaid Annexure - 1.

SALES TAX CLEARANCE CERTIFICATE : Tender may be accompanied by the up to date Sales Tax Clearance Certificate in From XXXVIII, issued by the appropriate Commercial Tax Officer in favour of the Company , the firm or the tenderer(s) as the case may be , in respect of all works contract or purchase contract to be executed in West Bengal, Bihar, Jharkhand, U.P. and M.P. area. Tender without such certificate may not be considered, and if at all considered, it will be necessary to produce such certificate before any payment is made for executed works and the Contractor shall have no claim in this regard for non - payment for works done in absence of a certificate.

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8. TESTIMONIALS:

8.1 The tenderer(s) shall submit along with the tender(s), the particulars of transportation work of goods taken up by them for execution in the past years irrespective of whether the same have been completed or are still continuing or were terminated, in the proforma enclosed as Annexure -1 to this Chapter.

8.2 The said proforma should be filled up by the tenderer in respect of transportation works only done by them whether for the Railways or for any other Govt. departments.

8.3 The tenderer shall submit photo copies of certificates and testimonials from the clients/departments to establish the correctness of the data given by him in the aforesaid proforma, as also certificates certifying satisfactory performance and completion of works. The Railway reserves

the right to verify the correctness of such data in such a manner they considered fit and appropriate.

8.4 The tenderer(s) shall also enclose bank certificates showing the financial stability to undertake work of such magnitude as is covered by this tender.

8.5 The tenderer(s) shall also submit a list of court cases filed and number of arbitration cases in progress as demanded by him from the Railway or other clients during the 5 years preceding the date of opening of this tender as per Annexure -2 of the tender document. In the event of the tenderer not giving this information the Railway shall compile such data in the said format from available records and the tenderer(s) shall have no right to question the correctness or completeness of such data.

9. PERIOD OF VALIDITY OF TENDER:

The Tenderer(s) shall keep the offer open for a minimum period of 120 days from the date of opening of the tender within which period the Tenderer(s) cannot withdraw or modify his offer.

10. SPECIAL CONDITIONS BY TENDERER (S) (a) The tenderer(s) is, normally, not expected to make any special condition

/stipulation of his own and is expected to submit his tender in accordance with the conditions / stipulations contained in these documents, if however, the Tenderer(s) wishes to make any special condition / stipulation(s) or wishes to intimate the Railway of any matter of importance, he may do so in a covering letter. Such stipulations and conditions shall be a part of the contract in case of acceptance of the tender, only to the extent explicitly accepted by the Railway Administration. The accepting authority reserves the right not to accept any such special stipulations and conditions made by the tenderer and may reject the tender(s) as unacceptable without any reference to the Tenderer(s) or may ask the Tenderer to withdraw any or all such stipulations before awarding the contract and in the event of his refusals to do so, may not accept his tender.

(b) In case, any special conditions and / or stipulations are made by the Tenderer, he shall also indicate, along with such conditions / stipulations, the cost of withdrawal of the same. The accepting authority reserves the right, either to accept the conditions / stipulations made by the tenderer or the cost thereof, at its sole discretion. If such cost is not indicated, it will be construed that the tenderer(s) is not in a position to withdraw these conditions at any cost and the tender may be adjudged accordingly without any reference to the tenderer(s).

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11. EARNEST MONEY: The Earnest Money to be deposited with this tender will be in any of the

forms as stated in clause 12 of Chapter - I of these documents. 11.1 APPROPRIATION TOWARDS SECURITY DEPOSIT :

The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the Contractor in cash or may be recovered by percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending “on account bills” so that the amounts so retained my not exceed 10% of the total value of the contract. 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 @ 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 S.D. such as S.D. in the form of instruments like BG, FD etc. shall be accepted towards security deposit. 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 that there is no due from the contractor to Railways against the contract concerned. Before releasing the S.D. an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

11.2 Introduction of Performance Guarantee (PG): The procedure for obtaining Performance Guarantee is out line below:

(a) The successful bidder should give a Performance Guarantee in the form of an irrevocable Bank amounting to 5% of the contract value which will be valid for the total contractual period.

(b) The performance guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15 days after the issue of LOA and performance guarantee should also be submitted within this time limit.

(c) Performance Guarantee shall be released after satisfactory completion of the work and maintenance period is over. The procedure for releasing should be same as for security deposit.

(d) Wherever the contracts are rescinded, the security deposit should be forfeited and the Performance Guarantee shall be enchased and the balance work should be got done separately.

(e) The balance work shall be got done independently without risk and cost of the original contractor.

(f) The original 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 form would 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 form.

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12. MODE OF PAYMENT (EMD): The total Earnest Money as stipulated in these documents can be paid by the tenderer in any one of the following, and no other, forms:

(a) Deposit in cash with Divisional Cashier/East Central Railway, Samastipur and to attach the money receipt obtained thereof with the tender documents.

(b) Deposit Receipt or pay orders or demand draft from the State Bank of India or from any of the Nationalized banks drawn in favour of Financial Adviser and Chief Accounts Officer / East central Railway, Hajipur and endorsed “Account Payee” and valid for a period of 9(nine) months from the date of opening of the tender.

13. TENDER WITHOUT EARNEST MONEY : Tender(s) not accompanied by

full earnest money, in the requisite manner, as aforesaid, shall under no circumstances be entertained and will summarily be rejected at the time of

opening itself without further reference to the tenderer(s). 14. GENERAL INSTRUCTIONS FOR COMPLETING TENDER DOCUMENTS: (a) The tenderer shall submit as his tender, all these documents intact, without

severing detaching, defacing or removing any part thereof. After completing these documents, the tenderer(s) shall sign each page of these documents, before submission, intact, without severing, detaching, defacing or removing any part thereof, as per instructions contained in these documents.

(b) Tender form containing over writings, scribbling, erased rates and/or rate-not shown in words are liable to be rejected. In case of any discrepancy in rates shown in figures and words being noticed, the accepting authority may at his discretion accept the lower of the two.

15. QUOTATIONS OF RATES: 15.1. The rate should be quoted in Indian Rupees only. 15.2. RATES TO INCLUDE ALL TAXES : The rates quoted shall be inclusive of

all taxes levied by Central or State Govt. or by any Municipal / Local or any other body.

15.3. RATES IN FIGURES AS WELL AS IN WORDS: The Tenderer(s) are required to quote their rate(s) and all other figures, having financial implications wherever occurring in these documents, in numerals as well as in words. In case of difference between the two, the lower of the two shall be taken in to account for all-purpose connected with this tender.

16. REBATE: (i) If any tenderer(s) wishes to give any rebate on the rates quoted by him, the

same shall be quoted by him in schedule of these documents. It is to be noted that such rebate, if offered, shall apply in all the rates quoted by him for all the item(s) of work in all the schedules of these tender documents. Such a rebate shall be totally unconditional.

(ii) In case a tenderer does not wish to give any rebate, he should write “NIL”. In case nothing has been quoted by the tenderer in schedule and the space is left blank, it will be treated as “NIL” and shall be so recorded at the time of opening of the tender.

(iii) If any tenderer(s) gives any conditional rebate, such rebate shall not be considered for evaluation of the tender, although the Railway may avail of the same in case the tender is awarded to such a tenderer(s).

17. SUBMISSION OF TENDER : (i) Tender must be placed in sealed envelope super-scribed with the tender

number, name of work and date and place of opening and should be dropped in the box placed for the purpose in the office of the Controller of Stores, Old GM Building, E. C. Railway, Hajipur, on and before the time and date specified in Chapter-II.

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(ii) Tender, sealed and super-scribed as mentioned above, can also be sent by Registered Post to the above named office, provided that, no tender received after the time and date specified above for closing of tender box, shall be considered. Railway shall not be responsible for Postal delays.

(iii) The requisite total Earnest Money as per Chapter-II should be submitted in requisite manner along with the tender documents without which tender shall be summarily rejected and rates quoted will not be read out.

(iv) Late tenders/delayed tenders: Offers shall be dealt with as per extant rules of Railways, and the tenderer(s) shall have no right of consideration of such a tender.

18. OPENING OF TENDER: Tenders will be opened in public at the time and

place mentioned in Chapter - II. The date and time of opening may be postponed at the sole discretion of the Railway, if circumstances so warrant.

At the time of opening, the rates and special features/ conditions submitted by the tenderers will be read out in the presence of such tenderers or their authorized representatives as may choose to be present. The said authorized representatives shall produce their authority before they are allowed to participate in the opening. They shall sign the rate statement, which is prepared as a result of reading out of the rates of the tenderer(s).

19. CLARIFICATION OF BIDS SUBMITTED: To assist in the examination, evaluation and comparison of tenders, the Railway or its authorized person may ask the tenderer(s) for clarification(s), if any needed, for such examination, evaluation and comparison. The request for such clarification etc and the response thereof shall be in writing.

20. NEGOTIATION: The accepting authority reserve the right to enter into negotiations with the

L-1 or more ( in special cases) tenderer(s) before acceptance of the tender in order to clarify special conditions or reduction of rates or for changes in scope of the work etc, at its sole discretion.

21. ACCEPTANCE OF TENDERS: The accepting authority, reserves the right to split the amount of work

amongst more than one Tenderers, if deemed necessary, and also to reject any or all tenders received without assigning any reason thereof and does not bind himself/herself to accept the lowest or any other tender.

The accepting authority reserves the right to split up the work without reference to the tenderer(s) and may accept the tender in respect of any portion of the work.

22. LETTER OF ACCEPTANCE: The acceptance of the tender shall be communicated by Registered Post at

the address given by the Tenderer in these tender documents. The letter of acceptance will remain operative till a formal Contract / Agreement is executed and signed by and between the Contractor and competent officer of the Railway, for and on behalf of the President of India, after which the letter of acceptance will merge in the said formal agreement.

The Railway shall not intimate to the tenderer whose tenders have not been accepted and the result of their tender(s). However, Earnest Money will be refunded.

23. Price variation Clause : The following price variation formula will be applicable:-

PVC Formula RUR = BR + BR {0.33(RDP-ODP)} ODP Where RUR = Revised up dated rate in Rs./MT/Km. BR = Basic rate

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ODP = Original diesel price as agreed to in the contract. RDP = Revised diesel price as applicable on the date of dispatch. Price variation calculation: The ruling HSD price at Patna will be taken

and varied when the diesel price has decreased or increased by more that Re.1.00 (One) only as compared to last ruling price of diesel.

The Transportation charges offered by the tenderer will be all inclusive of local taxes/duties, if any.

24. VARIATION BEYOND +25% OVER AGREEMENTAL VALUE & ITS

PAYMENT If Railways decides to get the additional quantity i.e. variation beyond +25% over agreemental value, the payment will be done as per rate mentioned below:

i. For the first 15% increase in the value beyond 25% of agreemental value, the rates will be reduced by 2% in the incremental value of the agreement.

ii. For next 10% increase in the value, rate will be further reduced by 2% (i.e. total 4%) in the further incremental value of the agreement.

iii. For increase beyond +50% of agreemental value (if any) can be done only in exceptional cases after negotiating fresh rates. However, Railway reserves the right to execute additional quantity over agreemental quantity in best and most economical manner as may consider fit.

25. RECOVERY OF INCOME TAX Income Tax @ 2% (Two percent) of the gross amount of the each bill will be recovered from all the bills of the contractor in terms of section 101 c of the Income Tax Act, 1961 as introduced through the Finance Act-1972. A surcharge @15% (fifteen - percent) on the amount of Income Tax so deducted will also be recovered from the contractor’s bills.

26. RECOVERY OF SALES TAX: For the work executed in the State of Bihar, Jharkhand, MP and UP, Sales Tax on Works Contract will be recovered at the source from the Gross amount of each bill of the contractor as applicable.

Witness:

Signature of Tenderer(s)

1. 2. Date ………………..

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Annexure -1

(Chapter III)

DETAILS OF WORK AWARDED TO THE FIRM DURING LAST FIVE YEARS:

Sl.No. Name of work

Name of address of the Client/ Deptt.

Contract value in lacs of Rupees

Date of Award of contract

Scheduled date of completion

Whether the work was completed, is continuing or terminated

1 2 3 4 5 6 7

Annexure -2

LIST OF ARBITRATION CASES DURING LAST 5 YEARS :

Annexure - 3

LIST OF COURT CASES DURING LAST 5 YEARS:

Sl.No. Name of

work

Value of work

Name of Client/ Deptt.

Name of the Court

Date of institution of case.

Relief sought from court

Brief reason of dispute

Final / Present position of the

case

Sl.No. Name of

work

Value of work

Name of Client/ Deptt.

Amount and date of claim preferred

Claim of Deptt. If any

Brief reasons of disputes

Final / Present position of the case

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CHAPTER - IVEAST CENTRAL RAILWAY

FORM FOR TENDERER Tender No. S/34/2014/01/ Due On

From: __________________________________________________

Full Address : __________________________________________

______________________________________________________

To Dy .Chief Materials Manager General Stores Depot, E.C.Railway, Garhara, Distt.- Begusarai, Pin - 851126 For and on behalf of the President of India

Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis

1. WHEREAS the President of India acting through the East Central Railway Administration and their authorized officers have invited sealed tenders for the above mention work.

2. AND WHEREAS I/We ____________________________________

have read the Tender Notice pertaining to the aforesaid Tender.

3. AND WHEREAS I/We, _______________________________________

have obtained these tender documents, from East Central Railway (Stores Dept).

4. AND WHEREAS I/We, _______________________________________

have perused these tender documents and have visited the site and have satisfied ourselves as to the nature of work and the site condition.

5. AND WHERE AS I/We ______________________________________

forward a sum of Rs_________________________________________

towards the Earnest Money in one or more of the following forms:-

*(i) Deposit in cash with Divisional Cashier / East Central Railway, Samastipur and attach herewith the money receipt No ______________________ dated______________ obtained there from.

*(ii) Deposit receipt, or Pay Order, or Demand Draft from _________ Bank for sum of Rs ____________________ in favour of Financial Adviser & Chief Accounts Officer East Central Railway, Hajipur and endorse Account payee and valid up to ________________________.

*(iii) Standing deposit Earnest Money of Rs ___ with the East Central Railway vide Agreement No. ____________ dated_____________

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6. AND WHERE AS I/We, ---------------------------understand that the above mentioned total earnest money has been deposited subject to the stipulation made in this tender document.

7. AND WHEREAS my / our address for all communication shall be as under -

_________________________________________ 8. AND WHEREAS I/We, _______________________________________

state that in the event of this offer being unsuccessful, the aforesaid total Earnest Money deposited by us may be refunded to us by a cross cheque on the Bank and its branch mentioned below:

(i) Reserve Bank of India / Kolkata. (ii) Reserve Bank of India / Patna

(iii) State Bank of India / Patna. (iv) State Bank of India / Begusarai

9. AND WHERE S I/We, ___________

here by sign those tender documents by virtue of the legal authorities vested with me / us to tender into commitment on behalf of the tenderer / tenderer(s), documentary support where of is enclosed.

10. Now. Therefore, I/We, _______________________________________

here by submit these tender as an offer for doing the work defined in those documents at the rate quoted in the schedules contained herein, and special conditions and rates given in the covering letter*.

11. It is certified that all the statements made in this offer and also in the required alterations are true and correct.

12. This application is made in the full understanding that:

(a) The offer by the tenderer(s) will be subject to verification of all information submitted will this tender document. (b) Your Railway reserve the rights to :

Amend the scope and value of contract at any moment.

Reject or Accept this offer, and reject all applications / offers without any financial liability.

(*) Strike out whichever is not required.

Signature of Tenderer(s)

[ Date ____________ Witness on behalf of Tenderer.

1. Signature __________________________________________________ Name & Address 2. Signature __________________________________________________ Name & Address __________________________________________________

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CHAPTER - V East Central Railway

Tender No. S/34/2014/01 Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis

Schedule – “A” Schedule of items (Rates to be quoted in this rate sheet only)

S.No.

Range in Km

Type of vehicle(closed/open )/ Total approx load in MT (Variable)

Rate in

Rs. Per km per MT

Truck of 9 MT capacity

Truck/Trailer of 20MT capacity or more (10 or more wheeled vehicle)



In Fig. In word

In Fig.

In word

1 50-350 350 300

Avg.200

2 351-500 1350 350

Avg.425

3 501-1000 250 200

Avg.750

Witness: 1. Signature of tenderer

2. Dated:_____________ Price of HSD oil prevailing in Patna market just before opening of the tender = Rs…/Ltr.

Note: 1. The quoted rate should be all inclusive of Service Charge, Entry fee, Parking Fee,

Taxes, Octroi Duties etc. Nothing extra will be paid over and above quoted rates. 2. If any tenderer(s) wishes to give any rebate on the rates quoted by him above, the

same shall be quoted by him in schedule -B attached. Rebate offered, shall apply in all the above schedule.

3. Evaluation criteria : Item wise (i.e. AS per type of the vehicle). 4. The tenderers are required to quote the diesel price prevailing in Patna market just

before the tender opening, upon which their offered rate will be based.

5. Over/Under loading: Normally over loading will not be allowed. However, if situation so warrants, the under loading will be permitted with the approval of the contract operating authority i.e. Dy.CMM/D/ECR/GHZ.

6. In case of under loading due to the reasons whatsoever, such as dispatch of voluminous materials which occupies more space, the payment to the contractor will be made as per full capacity of the vehicle but in case of overloading if happens so due to some unavoidable reasons, no additional payment than the actual capacity of the vehicle in which goods are loaded will be made to the contractor.

7. The tenderers are required to go through point 1 to 6 of Chapter - VI before quoting their rate.

Witness: 1. Signature of tenderer

2. Dated:_____________

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EAST CENTRAL RAILWAY

Schedule – “B”

(REBATE) Tender No.S/ 34/2014/01 Name of Work: Transportation of Railway materials by private Lorry from anywhere to anywhere in India on per Km per MT basis. I/we offer general rebate of ------------------% (In figures) % -------------------------------- ------------------------------ (In words) as lump sum rebate on items of Schedule -“A”. NOTES :

1) If any tenderer wishes to give any rebate on the rate quoted by him the same

can be filled by him in this schedule. 2) It is to be noted that such rebate if offer, shall apply on a rate quoted for all the

item in all the other schedule of the tender documents. Such a rebate shall be totally unconditional.

3) In case a tenderer does not wish to give any rebate, he should write “NIL” in

this schedule. In case nothing has been filled in by the tenderer in this schedule it will be treated as 'NIL' and shall be so recorded in the blank above at the time of opening of the tender by the Officials opening the tender.

4) If any tenderer gives any type of conditional rebate, such rebate shall not be

considered for evaluation of the tender. Witness

1. Signature of tenderer.

Dated:_______________

2.

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East Central Railway

Annexure –‘A’

Estimate

Tender No. S/34/2014/01

Schedule-“A” Items

Name of work:- Transportation of Railway materials by private Lorry from

anywhere to anywhere in India on per Km per MT basis

S. No.

Range in KM Total Approx load

in MT

(variable)

Rate in Rs. Per Km per MT (capacity9MT)

Rate in Rs. Per Km per MT (capacity20 MT)

Total estimate cost in Rs.

Period of work

01 50-350km 650 4.25 4.25 39,75,625/- 01 Year

+ 6

Months

02 351-500km 1700 3.70 3.60

03 501-1000km 450 2.65 2.15

Signature of tenderer Date

Witness : 1. 2.

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Terms and condition

1. The quoted rate by tenderer(s) should be all inclusive of Service Charge, Entry fee, Parking Fee, Taxes, Octroi Duties etc. Nothing extra will be paid over and above quoted rates.

2. The contractor will transport the Railway materials of all sorts packed or loose by the Truck/trailer of capacity 9MT/20MT or more as per the requirement of Railway.

3. Tenderers are to note that the quantum of workload estimated to be cleared during the period of contract is indicated in the scheduled items of works. However, the actual workload may vary widely and the administration will not be responsible for any variation.

4. The Contractor shall execute the schedule items of works and be paid at the rates mentioned against each item of the schedule of rates, annexed hereto and the Railway Administration will not be responsible for payment of any extra charges, whatever that may be or have been incurred by the Contractor in course of execution of the work, except where, specifically provided in any of the clauses herein below.

5. On receipt of the notice i.e. the work order from the Railway Administration the contractor will immediately arrange for supply of the required number of Road vehicle for transporting of the Railway stores between the points specified in work order of schedule of work. In the case of a work order being served upon the contractor within 17.00 hrs of a day, the contractor shall place the Road vehicle(s) at the relevant loading points latest by 09.00 hrs. on the following day. In case the work order is served upon the contractor within 12.00 hrs on a day, the contractor shall place the road vehicle similarly, latest by 16.00 hrs of the same day, or by the time/day as specified in the work order. If the contractor fails to abide by the work order schedule, the wharfage charge which may consequently accrue will be recovered from the contractor. The Railway administration in such case shall be free to engage emergency transport at the cost and risk of the transporter.

6. In the event of failure to the contractor to execute the work order within the specified period as mentioned in the work order, Rs.500/-(Rupees Five Hundred) only per day will be recovered from the contractor’s pending bills.

7. Transit Risk & Insurance: The transit risk will be on the Contractor’s account”.

However, before execution of the work, the Railway materials should be insured with any Govt. registered insurance company by the transporter on behalf of the Railways with SRCC clause in the name of Dy. Chief Materials Manger, East Central Railway, Garhara, Dist-Begusarai, Pin-851126 for safe transportation up-to the destination. The amount of premium paid by the contractor towards the insurance policy will be reimbursed to them after submission of bill along with documentary evidence. All responsibility of materials will lie on the transporter in case of any failure in deposition of insurance premium within the due time. The transport contract on behalf of Dy.CMM/D/GHZ will initially deposit the premium payable for a policy of Rs. One Crore with SRCC clause.

7.1 The original copy of the Insurance Policy along with money receipts of insurance premium paid have to be provided to the office of Dy.CMM/GSD/GHZ well in advance of the operation of the contract ensuring the sufficient balance are kept

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available with the insurance company against this policy. Acknowledgement copy of closing particulars is to be sent to insurance company against each and every consignment to be dispatched has to be made available to the office of Dy.CMM/GSD/GHZ.

8. The Contractors, after loading the materials in the truck, shall furnish receipt of the materials on Depot's Van Sheets (in the firm’s letter head). The Contractor should hand over one copy of the van sheet signed and stamped by their competent authority, to Dy.CMM/GSD/GHZ, before departure of the truck from dispatch point. Contractor will carry two copies of van sheets along with Railway materials to the point of delivery. At the point of delivery, both copies of van sheets should be got signed by the consignee as a token of receipt of the materials / packages or otherwise, duly indicating, clearly the actual receipts with timings of placement and release of the vehicles there under, both from the premises of the consignors and consignees, and signed by the authorized representative of the consignors and consignees, along with their respective office stamps to the Railway Administration, within 07 (seven) days of the date of lifting the materials. Failure to do so will render them liable for payments of the cost of stores involved, as well as such other losses that the administration may suffer or be put to, for such loss, if any, and/or also for such losses as may arise due to delay of delivery of such stores. The Contractor shall be liable to pay the Railway Administration the cost of any item of stores/consignment, damaged in transit of the said contractor’s lorry during transportation, whilst in their custody. For this, the contractor should obtain the receipts of the consignees on the van sheets, having received the materials in sound and undamaged condition, in their own interest, while unloading the materials from their transport vehicle. They should ensure that all stores/consignments are received in good and in - tact condition by the Contractor. If otherwise, a remark thereof should be obtained from the Railway representatives on the van sheets, at the time of loading the materials in their transport vehicles.

8.1 There is no guarantee about the tonnage, No. of trips, that the contractor may be required or will be called upon to handle in course of the execution of the work. The Railway Administration reserves the right to cancel, reduce or divide the workload, without assigning any reason for such action. Transport by road, may not be resorted to by the Railway Administration in each case and recourse may be taken to any other mode of transport as and when it is so convenient, at the sole discretion of the Railway Administration.

8.2 The Railway Administration does not guarantee the volume of work to be handled by the contractor on any particular day or days. Nevertheless, the contractor shall always and promptly provide for adequate number of vehicles and authorized representatives to comply with the work order as and when a work order is placed for the scheduled item (s) of work.

9. It will be necessary for the contractor, to keep one representative up to 11.00 hrs. of each working day in the office of Dy.CMM/GSD/GHZ, for receiving instructions time to time, from the office.

10. The contractor will have to make his own arrangement for obtaining in advance necessary permits and gate pass for their Lorries/Trucks to enter the GSD/GHZ premises.

11. It will be necessary for the contractor to depute one authorized representative at loading point, to give proper acknowledgement of receipt of the materials/scaled

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packages, from Railway Authority, contractor will deliver the Railway goods in likewise condition (sealed) at the point of delivery and they will take clear acknowledgement from consignee about delivery of sealed packages/materials.

12. The weighment of the each vehicle supplied by the contractor will be done at the “Road Weigh Bridge” situated inside the General Stores Depot/Garhara before and after the loading of the Railway materials, in presence of the Railway Supervising Staff deputed by the Dy.CMM/GSD/GHZ on his behalf. In case of non functional of above “Road Weigh Bridge”, the weighment will be done at a recognized Weigh Bridge, at the nearest point as would be indicated by Railways. The weighing charges will be borne by the Contractor. The Contractor will produce the papers relating to the Lorries, names of drivers and cleaner of the truck, to the Railway Administration, where so directed.

13. The normal working hours of the Railway Depots will be 9.00 hrs to 13.00 hrs and 14.00 hrs to 17.00 hrs, on ordinary working days(Monday to Friday) and from 8.00 hrs to 13.00 hrs on weekly half-days(Saturday). Whenever considered necessary by the Railway Administration, the contractor will have to work beyond these hours and on emergency on Sundays and holidays, and during night also. The Contractor's labour will not be allowed to enter the Railway Depot “before 9.00 hrs and stay in the Depot beyond 17.00 hrs” on working days and “before 8.00 hrs and stay in the Depot beyond 13.00 hrs” on weekly half- days, except with prior sanction of the Officer- In- Charge of the Depot.

14. Performance: the offer without documentary evidence i.e. copy of contract and completion certificate thereof towards satisfactory performance in the field of transportation of goods in the Govt. Sector will be liable to be rejected. Therefore, the tenderers are required to submit their offer along with complete set of documentary evidence in order to prove their past satisfactory performance towards the tendered work.

15. Distance for Payment: The distance will be calculated based on the distance chart available in the market, like the book published by Automobile Association of Eastern India or Road map published by the Survey of India etc at the discretion of Dy.CMM/GSD/GHZ. For any distance, only one appropriate slab (range) should be used and incremental use of lower slabs should not be done (For example, for a distance of 500 km, contractor can’t claim first 350 km in the costliest slab).

16. Payment of bill will be made by the Sr.AFA/W/SPJ, contractor will be required to submit his bills as per required proforma with requisite certification along

with/supported by original Lorry challans duly acknowledged by the consignee on the basis of each work order to the office of Dy.CMM/GSD/GHZ. This bill, if found in order after due scrutiny, will be accepted and forwarded to the Sr.AFA/W/SPJ for payment. The contractor will be required to submit all the bills (Transport, detention, return etc.) pertaining to a particular work order together. Payment will be made on the basis of type of vehicle i.e. if a vehicle of 09MT is deployed against a work order issued by the Railway administration the payment will be made for 09MT only even if the quantity of less than 09 MT is loaded in the said vehicle. So on for other capacity of vehicle also. But no additional payment to the contractor will be made even if the quantity loaded in the vehicle is more than the prescribed capacity of the said vehicle. All the dispatches must be door delivered in all categories of goods. For the purpose of billing and payment a fraction of a ton shall be ignored if less than 0.5 ton and will be rounded off to the next higher ton if the fraction equals or exceeds 0.5 ton.

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16.1 Transportation by Longer Route: Where transportation by longer route is necessary for avoiding Ghat sections, blockage of shortest route, constraints like bridge, culverts, tunnels, damaged road etc., disturbed/riot prone or flood effected area, abnormal weight, size of the consignment etc., permission of In-charge of the Depot must be obtained by the contractor mentioning the longer route be adopted along-with the reasons for this. The transporters in such cases of transportation shall furnish documentary evidence/proof like octroi/gate passes, barriers crossing receipts, special route permits, repair and maintenance bills en - route (if any) filling of diesel etc., along - with his freight bill establishing the fact that he has used longer route.

17. Railway Administration reserve the right to recover from this contract any loss/demurrage/charges/cost/expenses fully or partly as becomes necessary, suffered or incurred by this Railway Administration in any other contract(s) with the same contractor due to fault/negligence/un-workmanlike performance or breach of contract be final and binding on contractor.

18. In the event of award of contract, safety of all men and equipment of the transporter shall be his own responsibility and for these purposes he will keep close watch on all movements/operations etc. In case of any injury or death to the labourer/men of contractor or any other loss/ damage occuring to the transporter/his machinery, caused as a result of accidents, either within or outside the Depot area, in course of work the Railways shall not be responsible. All claims placed on this account will be on the transporter's risk and cost.

19. The transporter shall be fully responsible for observance of motor vehicle act, any penalty paid by him on account of violation of the same, will be borne by the transporter himself. The transporter will provide only such vehicles, which have valid "pollution under control certificate".

20. The contract will be for the period of 12 months from the date of LOA (Letter of Acceptance) and can be extended at the discretion of the Railway authority as per terms & conditions mentioned in Para -24 of Chapter-III of this tender document.

21. One day shall consist of one working day.

22. Arbitration Clause:

22.1 Demand of Arbitration:

(i) In the event of any dispute or difference between the parties hear in 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 reasonable time/time limit in any such cases, save the excepted matters (Any matters the decision to which is specifically provided for by these or special conditions of the contract) the contractor after 90 days but within 80 days of his presenting his final claim on disputed matter, shall demand in writing that the dispute or difference be referred to arbitration.

(ii) The demand for arbitration shall specify the matter which are in the question dispute or difference. Only such dispute(s) or difference(s) in respect of which the demand has been made, shall be referred to arbitration and other matters shall not be included in the reference.

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(iii) If the contractor(s) does/do not prefer his/their specific and final claim in the writing, within a period of 90 days of receiving the intimation from the Government 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 those claims.

22.2 Obligation during pendency of arbitration:

Work under the contract shall unless otherwise directed by the Depot Officer or his authorized representative, continue during the arbitration proceeding and no payment due or payable by the railway shall be withheld on account of such proceeding, provided, however it shall be open for arbitrator or arbitrators to consider and decide whether or not which work should continue during arbitration proceeding.

22.3. Arbitrator:

(a) Arbitrator will be a sole arbitrator who shall be a Gazetted Railway Officer nominated by General Manager on his behalf in case where the claim in question is below Rs. 5,00,000/- (Rs. Five lac) and in case where the issues involved are not of a complicated nature. The General Manager shall be the sole Judge to decide whether or not issues involved are of a complicated nature.

(b) For all claims of Rs. 5 Lac (Rs. Five Lac only) and above and for all claims of complicated nature irrespective of the amount:

Two arbitrators who shall be Gazetted Railway Officer of equal status, shall be appointed in the manner laid in clause(a) . In the event of the two arbitrators being divided in their opinions, the matter under disputes will be referred to an umpire to be appointed in the manner laid down in clause (d) for his decision.

(c) It is a term of this contract that no person other than a Gazetted Railway officer should act as an Arbitrator/Umpire and if for any reason, that is not possible, the matter is not to be referred to arbitration at all.

(d) In case where the claim is upto Rs. 3,00,000/- (Rs. Three Lac) the Arbitrator(s) Umpire so appointed, as the case may be shall give the award on all matters referred to arbitration indicating therein breakup of the sums awarded separately on each individual item of dispute. In cases, where the

claim is more than Rs. 3,00,000/- (Rs. Three Lac) , the Arbitrator(s)/Umpire so appointed as the case may be shall give intelligible award i.e. the reasoning leading to the award should be stated with the sums awarded separately on each individual item of dispute referred to arbitration.

(e) For the purpose of appointing two arbitrators as referred to in sub-clause (b) above, the Railway will send a panel of more than three names of Gazetted Railway Officers from one or more departments of the railway to the contractor who will be asked to suggest to the General manager one name out of the list for appointment as the contractor's nominee. The General Manager, while so appointing the contractor's nominee, will also appoint a second arbitrator as the Railway's nominee from the panel or from outside the Panel, ensuring that one of the two Arbitrators so nominated is invariably from the Accounts departments. Before entering upon the

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reference, the two Arbitrators shall nominate an Umpire who shall be a Gazetted Railway Officer to whom the case will be referred to in the event of any difference between the two arbitrators. Officer of the Junior Administrative Grade of the Accounts department of the Railways shall be considered as of equal status to the officers in the intermediate administrative grade of other departments of the Railway for the purpose of appointment as arbitrator.

(f) If the sole arbitrator under sub-clause (a) (i) or one or both the arbitrators appointed under sub-clause (b) above resign(s), vacates his office/or is/are unable or unwilling to act for any reason whatsoever or dies/die, the General Manager may appoint a new arbitrator/arbitrators to act in his/their place in accordance with the provision of sub-clause (a) (i) or sub-clause (b) above as the case may be. Such arbitrator/arbitrators, as the case may be/ shall be entitled to proceed with the reference from the stage at which it was left by the previous arbitrator/arbitrators.

(g) The Arbitrator or Arbitrators or the Umpire shall have power to call for such evidence by way of affidavits or otherwise as the arbitrator or arbitrators or Umpire shall think proper, and it shall be the duty of the parties here to do or cause to be done all such thing as may be necessary to enable the Arbitrator or Arbitrators or Umpire to make the award without any delay.

(h) It will be no objection that the person/persons appointed as arbitrator/ arbitrators or Umpire is/are Govt. servant(s). If however, the arbitrator/arbitrators/umpire is/are railway servant(s) he/they shall not be one of 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 has/have expressed views on all or any of the matters under dispute or difference. The award of the arbitrator or arbitrators of umpire, as the case may be/shall be final and binding on the parties to the contract.

(i) Subject as aforesaid Arbitration Act-1996 and the Rules there under and any statutory modification there of shall apply to the Arbitration proceedings under this clause.

(j) All disputes, claims or actions arising out of under or in connection with this contract shall be subjected to the exclusive jurisdiction of the court of Begusarai.

23. Detention Clauses: No detention charges and/or non-utilization charges shall be payable or be paid to the contractor, except those, which are specified in the sub-clauses, herein below, and as per the terms and conditions thereof.

23.1 The contractor shall place the Road Vehicles(s) at the nominated loading point(s) within 9.00 hrs. or otherwise mentioned in the work order placed on in terms of clause herein above of the day. No detention charges shall be payable or be paid to the contractor if the loaded vehicle is released within 24 hrs. from the time of placement of loading point as acknowledged by the Railway Representative/Authorized representative of this Administration

23.2 No detention charges shall be payable or be paid to the contractor, either at the loading or at the unloading point, No detention charge shall be payable or be paid to the contractor, where the loaded vehicle is detained en route on account of traffic restriction. It shall be the clear understanding under this contract, that the

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contracted rate shall be inclusive of the repercussion of such traffic restriction etc. and/or, which are not ascribable to Railway Administration.

23.3 If, for some reasons, after placement of the empty road vehicle by the contractor in terms of the Work Order, the vehicle(s) is/are not utilized and are returned by the Railway Administration after more than 4.00 hrs of such placement (due to no fault on the part of contractor), a non-utilization charge @ Rs.50/- (Rupees fifty) only per vehicle (with or without trailer)per hour will be payable by the Railway Administration to the Contractor.

23.4 Depot officer will inform the contractor sufficiently in advance for arranging insurance cover of the Railway materials to be transported.

23.5 The contractor will not start transportation until insurance cover is arranged. On receipt of insurance cover from transporter, the same will be deposited by the

contractor before moving the materials. The materials will remain insured till the consignee receives the materials.

23.6 In case of any theft/loss/damage/pilferage etc. to the consignment, the contractor will inform Depot officer within 24 hours of the incident and arrange to lodge FIR with nearest police station.

23.7 All the road permits or any other relevant authorizations from competent authority from different government bodies/private bodies shall be obtained by the transporter at his own cost. Any contingency arising in this respect shall be the responsibility of the transporter. Also the transporter shall be responsible for any mishap, accident en-route and consequence thereof including legal complications, if any.

24. Sub-Letting of Contract/Hiring of Vehicles:The transporter is not allowed to pass the responsibilities connected with the transportation to other agencies/transporters. However, hiring of vehicles and services from other agencies/ transporters is permitted but the onus of safe and timely transportation of the consignment rests with the transporter with whom General Stores Depot/Garhara has entered into the contract.

25. Termination of Contract: If the transporter fails or neglects or refuses to observe/perform any of the terms and conditions/obligation of or under the contract, the Railway Administration may without prejudice to any other right, terminate the contract by giving notice in writing.

26. Communications with Contractor(s): Any notice to be served on the tenderer shall be deemed to have been sufficiently served if delivered at or sent by registered post addressed to the tenderer at his registered office/local office at Garhara/other places or last known place of business.

27. AGREEMENT (i) The Railway shall prepare the agreement and intimate the contractor of

its preparations whereupon the contractor shall sign the same within seven days of the receipt of the intimation.

(ii) The agreement can be drawn only after the contractor deposits the requisite amount of Performance Guarantee(P.G.) in the requisite form. The amount of P.G. in the requisite form to be submitted within fifteen days from the date of issue of acceptance letter.

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(iii) The Railway shall pay such number of on account bills as may become payable to the contractor, subject to a maximum of 2 on accounts bills, up to the expiry of 90 days from the date of issue the letter of acceptance, on the strength of the letter of acceptance and further running bills will be paid only on execution of the agreements.

(iv) This contract agreement shall be entered into by the Railway with the Contractor(s) on the explicit understanding that the contractor(s) shall abide by all the conditions of these documents and that their implications had been fully understood by the contractor before tendering for this work

28. The Contractor shall abide by the provisions of the Child Labour Abolition Act.

29. The contractor shall comply with the provisions of Payment of Wages Act,1936 and the rules made there under in respect of all staff

employed by him in carrying out the contract.

30. The contractor shall be responsible for compliance with the provision of the Hours of Employment Regulation in respect of the staff employed by him in the manner decided by the appropriate authority. The term appropriate authority would mean Central Government who has laid down rules in respect of items to employment regulation 1961 and subsequent rules as issued from time to time by the state Government.

31. The contractor must abide by and comply with the provisions and rules of contract labour (Regulation and Abolition) act 1970 and central rules, 1971 and shall be bound by the same under all circumstances and in case of any breach of the same, Railway Administration will have the power to terminate the contract forthwith without any notice.

32. The contractor in addition to the indemnity provided by law shall indemnify the Railway Administration against all liability whatsoever to pay compensation under “Workmen Compensation Act 1973” as amended from time to time in respect of any accident/injury/casualty to any labour/staff employed by him under this contract or compensation in respect of any claim arising out of or in the course of employment with this contract.

33. All the conditions of GCC of the Railway will be applicable for all purposes. 34. Any commercial Sales Tax leviable as per rule will be recovered from all pending

bills of the contractor, if applicable during the pendency of the contract. 35. APPROPRIATION TOWARDS SECURITY DEPOSIT : The Earnest Money deposited by the Contractor with his tender will be retained by the

Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit, the rates for which are given below, may be deposited by the Contractor in cash or may be recovered by percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting contractor the Railway may retain any amount due for payment to the Contractor on the pending “on account bills” so that the amounts so retained my not exceed 10% of the total value of the contract.

Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under:

(d) Security deposit for each work should be 5% of the contract value. (e) The rate of recovery should be @ 10% of the bill amount till the full security deposit

is recovered.

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(f) Security deposits will be recovered only from the running bills of the contract and no other mode of collecting S.D. such as S.D. in the form of instruments like BG, FD etc. shall be accepted towards security deposit. 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 that there is no due from the contractor to Railways against the contract concerned. Before releasing the S.D. an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

36. Introduction of Performance Guarantee (PG): The procedure for obtaining Performance Guarantee is out line below:

(g) The successful bidder should give a Performance Guarantee in the form of an irrevocable Bank Guarantee amounting to 5% of the contract value which wiil be valid for the total contractual period.

(h) The performance guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15 days after the issue of LOA and performance guarantee should also be submitted within this time limit.

(i) Performance Guarantee shall be released after satisfactory completion of the work and maintenance period is over. The procedure for releasing should be same as for security deposit.

(j) Wherever the contracts are rescinded, the security deposit should be forfeited and the Performance Guarantee shall be enchased and the balance work should be got done separately.

(k) The balance work shall be got done independently without risk and cost of the original contractor.

(l) The original 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 form would 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 form.

37. VARIATION BEYOND +25% OVER AGREEMENTAL VALUE & ITS PAYMENT

If Railways decides to get the additional quantity i.e. variation beyond +25% over agreemental value, the payment will be done as per rate mentioned below:

(i) For the first 15% increase in the value beyond 25% of agreemental value, the rates will be reduced by 2% in the incremental value of the agreement.

(ii) ii. For next 10% increase in the value, rate will be further reduced by 2% (i.e. total 4%) in the further incremental value of the agreement.

(iii) iii. For increase beyond +50% of agreemental value (if any) can be done only in exceptional cases after negotiating fresh rates. However, Railway reserves the right to execute additional quantity over agreemental quantity in best and most economical manner as may consider fit.

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38. RECOVERY OF INCOME TAX Income Tax @ 2% (Two percent) of the gross amount of the each bill will be recovered from all the bills of the contractor in terms of section 101 c of the Income Tax Act, 1961 as introduced through the Finance Act-1972. A surcharge @15% (fifteen - percent) on the amount of Income Tax so deducted will also be recovered from the contractor’s bills.

39. Period of contract is for one year which may be increased for further period of 06 months at the sold discretion of Railway administration.

-:END OF TENDER DOCUMENT:-

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east central railway general stores depot garhara tender document tender notice...

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