government of india/bharat sarkar - indian...

GOVERNMENT OF INDIA/BHARAT SARKAR MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

PRICE RS.2000/- (Rupees Two Thousand only)

TENDER NO.CS-165 OF 2011

FOR

MANUFACTURE AND SUPPLY OF BROAD GAUGE MONOBLOCK

CONCRETE SLEEPERS

LIST OF CONTENTS

(RAILWAY BOARD TENDER NO. CS-165/2011)

Item Annexure Page no.

1. Invitation and Instructions to Tenderers 1-5

2. Offer Form ‘A’- Declaration Annexure-I 6

3. Offer Form’B’- Rates and Quantities Annexure-II 7

4. Indian Railway Standard Conditions of Contract

Annexure-III 8-29

5. Special Conditions of Contract Annexure-IV 30-44

6. IRS Specifications for PSC Sleepers – Pre- tensioned Type

Annexure-V 45-72

7. Indemnity Bond for 90% payment Annexure-VI 73-74

8. Indemnity Bond for balance 10 % payment Annexure-VII 75-77

9. Proforma Form for Credentials Annexure-VIII 78

10. Tenderers’ Address and Communication Details

Annexure-IX 79

11. Proforma for Monthly Progress Report Annexure-X 80

12. Statement of Deviation Annexure-XI 81

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INVITATION AND INSTRUCTIONS TO TENDERERS (RAILWAY BOARD TENDER NO. CS-165/2011)

ON BEHALF OF THE PRESIDENT OF INDIA, THE EXECUTIVE DIRECTOR TRACK (Mod.), MINISTRY OF RAILWAYS (RAILWAY BOARD), RAIL BHAWAN, NEW DELHI (HEREINAFTER REFERRED TO AS PURCHASER WHICH INCLUDES HIS SUCCESSOR AND ASSIGNEES) INVITES OPEN TENDERS FOR MANUFACTURE AND SUPPLY OF PRESTRESSED MONO-BLOCK CONCRETE LINE SLEEPERS (PRE-TENSIONED TYPE) FOR BROAD GAUGE (1673 MM) FROM EXISTING RDSO APPROVED CONCRETE SLEEPER MANUFACTURING PLANTS WITH THE INSTRUCTIONS FURNISHED HEREINAFTER : 1. General Instructions: 1.1. Tentative Quantities of Pre-stressed Mono-block BG concrete line sleepers of which supplies are proposed to be taken by various Zonal Railways in a period of two years (2012-13 and 13-14) are given below : -

Railway Quantities tendered for (in lakhs)*

Railway Quantities tendered for (in lakhs)*

CR 9.38 NWR 19.12 ER 12.18 SR 13.08

ECR 13.42 SCR 16.60 ECOR 7.80 SER 8.28

NR 25.61 SECR 8.34 NCR 7.70 SWR 7.40 NER 8.96 WR 13.28 NFR 14.92 WCR 4.22

Grand Total 190.28 *Note: The actual quantities may vary depending upon the requirement. 1.2. Time and Venue for Submission of Offers:

i) Time for submission of offers : Upto 14.30 hrs on 18.10.2011 ii) Venue for submission of offers : Ministry of Railways, (Railway Board),

Room No.146, Rail Bhawan, Raisina Road, New Delhi-110001.

iii) Time for opening of offers : At 15.00 hrs on 18.10.2011 1.3. All Offers in the prescribed form should be submitted before the time fixed for the receipt of offers on the due date. Offers received after the stipulated time and date are liable to be rejected. 1.4. Tender form is non-transferable. Tenders submitted on other than prescribed offer form or on photocopy of the offer form issued to any other tenderer will not be considered. Tender document can, however, be downloaded from the website : www.indianrailways.gov.in. Tenderers, however, submitting their offers on the tender document downloaded from Internet should enclose a cash receipt of requisite cost of Tender

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

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Documents deposited with the FA&CAO of any of the Zonal Railways along with their tender document failing which such tenders shall be summarily rejected. Only one tender shall be submitted by each tenderer. Even in case of a tenderer quoting for more than one CSP, only one tender offer shall be submitted i.e., if a firm has got more than one plant scattered over Indian Railways, he should submit his tender for all the plants in one offer. 1.4(a) The offers submitted by FAX will also be considered but it shall be the sole responsibility of tenderers to ensure that the offers submitted by FAX are dropped in appropriate Tender Box in sealed cover/covers and within the prescribed time and date. The Railway shall not be responsible in any way for any delay in dropping the Fax offers in the appropriate Tender Box. 1.4(b) Offers received through FAX and found in the Tender Box at the time of opening of tenders and complete in all respects and duly signed by the authorized signatory should be treated as in time offer subject to the firm/firms submitting post confirmation copy duly signed by the authorized person as per the tender conditions within ten working days from the date of opening. 1.4(c) All other offers received by FAX not covered in para 1.4(b) above shall be treated as invalid. The offers received by FAX as covered in para 1.4(b) above shall be deemed as unresponsive in case the confirmation copy is not received within the time stipulated in para 1.4 (b) above. 1.5. All offers shall be either typed or written neatly in indelible ink. 1.6. The individual(s) signing the tender or other documents connected therewith should satisfy the following:

(i) In case of a Proprietorship firm, the signing individual should be the Sole Proprietor or Attorney of the Sole Proprietor. Power of attorney duly attested should be enclosed with the offer if the tender document is signed by the attorney on behalf of sole proprietor;

(ii) In case of a registered Partnership firm, the signing individual(s) should be

partner(s) or their attorney (s) as per Constitution of Partnership Deed. A copy of partnership deed and power of attorney duly attested should be enclosed with the offer;

(iii) In case of a company, the signing individual(s) should be Director(s), Manager

or Secretary of the company duly authorized by a resolution passed by the Board of Directors or in pursuance of the authority conferred by the Memorandum and Article of Association. A copy of such resolution duly attested and certified copy of Memorandum and Article of Association and certificate of incorporation of the company should be enclosed with the offer;

(iv) In the case of a firm not registered under the Indian Partnership Act, all the

partners or attorney duly authorized by all of them should sign the tender and all other connected documents. The original power of attorney or other

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documents empowering the individual or individuals to sign should be furnished to the purchaser for verification, if required.

1.7. All prices and other information like discounts etc. having a bearing on the price shall be written both in figures and words in the prescribed tender schedule. In case of difference between the value quoted in words and figures, the value quoted in words shall be taken for evaluation of offer. 1.8. Offers in the prescribed form, addressed to the President of India through Executive Director Track (M), Ministry of Railways, Railway Board, New Delhi, should be dropped in the tender box earmarked for the tender in Room No. 146, Rail Bhawan, Raisina Road, New Delhi. in sealed envelope super scribed as: “Offer for Tender No. CS-165/2011; opening on 18.10.2011; Time 15.00 hours”. 1.9. Offers sent by post should be by ‘Registered Post’ with acknowledgement due duly addressed to the President of India through Executive Director, Track (M), Ministry of Railways (Railway Board), Room No.146, Rail Bhawan, Raisina Road, New Delhi-110001 so as to reach before 14.30 Hrs. on 18.10.2011. Railway will not be responsible for any postal delay. Apart from the nominated officer i.e. Executive Director Track (M), copies of original quotation should not be sent to any other officer of the Ministry of Railways (Railway Board). This is in order to ensure that rates quoted by the Tenderers do not leak out before the nominated date and time. For similar reasons tenderers should, in their own interest, avoid sending price quotations by telegram/telex/fax. 1.10. Offers shall be as per terms and conditions given in the tender documents. However, deviations, if any, may be brought out in a separate “deviation sheet” detailing clause number of the tender document, stipulation as per the clause and deviation asked for (as per Annexure-XI), otherwise the tenderer shall be deemed to have accepted all provisions of the tender documents. The purchaser, however reserves the right to accept or reject these deviations and Purchaser’s decision thereon shall be final. Tenders with any kind of technical deviation will be summarily rejected. 1.11. Each page of the offer should be numbered and signed by the tenderer at the bottom. A reference to the total number of pages comprising the offer must be made at the top right hand corner of the first page of the offer. 1.12. The status of tenderer shall be reckoned as on the date of tender opening unless there is a case of downgrading/removal/suspension/banning. 2. Earnest Money: 2.1. Tenderers intending to supply PSC line sleepers from their existing RDSO approved

sleeper plants, can submit their tenders without earnest money. 3. Technical Information 3.1. Clarifications, if any, regarding specifications etc. may be obtained from Executive Director Track (M), Ministry of Railways, Railway Board, Room No. 146, Rail Bhawan, New Delhi.

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3.2. A copy of relevant specifications and drawings can be obtained on payment by the tenderers from the Director General (Track), RDSO, Manak Nagar, Lucknow. The relevant drawings and specifications can be seen in the office of Executive Director Track (M), Ministry of Railways, Railway Board, Room No. 146, Rail Bhawan, New Delhi. 4. Effect and Validity of Offer: 4.1. The submission of any offer connected with this tender document shall constitute an agreement that the tenderer shall have no cause of action or claim against the purchaser for rejection of his offer. The purchaser shall always be at liberty to reject or accept any offer or offers for part or whole of the quantity offered at its sole discretion and any such action shall not be called into question and the tenderer shall have no claim in that regard against the purchaser. 4.2. The offer shall be deemed to be under consideration immediately after they are opened and until such time the official intimation of award is made by the Railway to the tenderer. While the offers are under consideration, tenderers and or their representatives or other interested parties are advised to refrain from contacting the purchaser by any means. If necessary, the purchaser may obtain clarifications on the offers by requesting for such information from any or all the tenderers, either in writing or through personal contact, as may be considered necessary. Tenderers will not be permitted to change the substance of their offers after the offers have been opened. 4.3. The validity of offer should be for a minimum of 240 days effective from the date of opening of tender. Offers with validity less than 240 days shall be summarily rejected. 4.4. In exceptional circumstances, the purchaser may solicit the Bidders consent for extension of the period of validity. The request and the responses thereto shall be made in writings (or by cable or telex). A Bidder may refuse the request without forfeiting Bid security. A Bidder granting the request, will not be required nor permitted to modify his bid. 5. Qualifying Requirements: 5.1 Concrete Sleeper Plant should be RDSO approved. 5.2 Information to be submitted along with Offer:-

a) Tenderers are required to submit details of similar supplies completed against last Five Years and details of supplies against the present contract as per Annexure-VIII along with documentary evidence in support;

b) Placement of orders to the firms for supply of PSC BG Line Sleepers will be at the sole discretion of the purchaser. The ordered quantity on the firms shall be decided based on the sleeper requirement and past performance.

5.3 Existing manufacturers quoting for supply from a new location after shifting their existing plant should have prior approval for supply from new location as per instructions of Railway Board vide letter No. 2004/Tk-II/22/11/5 dated 22.02.2006.

5.4 Tenderers must submit documents in support of information submitted against para 5.1 above along with the tender.

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6. Acceptance of Tender:

6.1. The purchaser reserves the right to reject any or all of the tenders in part or full at his sole discretion without assigning any reasons. 6.2. Ministry of Railways (Railway Board) does not pledge itself to accept the lowest or any tender and reserves to itself the right of acceptance of the whole or any part of the quantity offered. The decision of Railways with regard to allotment of quantity so as to ensure uninterrupted supply of sleepers will be final. The tenderer shall supply the whole allotted quantity at the quoted rate. 6.3. The acceptance of the tender will be communicated by letter of acceptance direct to the tenderer or through his authorized agents. In case where a counter offer is issued, the unconditional acceptance of counter offer will result in a validly concluded contract, though formal letter of acceptance may be forwarded to the contractor at a later date. 7. The Special Conditions of Contract are enclosed (Annexure-IV). The Special Conditions of the Contract will have precedence over the IRS conditions and instructions to tenderers.

Executive Director Track (M), Railway Board.

For and on behalf of the President of India. Enclosures:- 1. Offer Form Annexure-I 2. Tender Schedule Annexure-II 3. Indian Railway Standard Conditions of Contract Annexure-III 4. Special Conditions of Contract Annexure-IV 5. IRS Specifications for PSC Sleepers – Pre-tensioned Type Annexure-V 6. Indemnity Bond for 90% payment Annexure-VI 7. Indemnity Bond for balance 10 % payment Annexure-VII 8. Proforma Form for Credentials Annexure-VIII 9. Tenderers’ Address and Communication Details Annexure-IX 10. Proforma for Monthly Progress Report Annexure-X 11. Statement of Deviation Annexure-XI

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Annexure-I OFFER FORM ‘A’ -DECLARATION

Total number of pages in offer

In figures In words

To,

The President of India, Through

Executive Director Track (M), Ministry of Railways (Railway Board), Room No. 146, Rail Bhawan, Raisina Road, New Delhi-110001.

Ref: Ministry of Railways (Railway Board) Open Tender No. CS- 165 of

2011 for manufacture and supply of Mono-block PSC Line Sleepers. Sir,

1. We hereby offer our rates for manufacture and supply of PSC Line Sleepers to RDSO Design as per IRS Specifications and Terms and Conditions, etc. as mentioned in the tender document at the rates as indicated in the Tender Schedule enclosed.

2. We are RDSO approved supplier for PSC line sleepers and, therefore, exempted from depositing earnest money for offer to supply sleepers from our existing RDSO approved Concrete sleeper plant.

3. We agree to keep our offer valid for 240 days from the date of opening; and shall be bound by a communication of acceptance within that time to supply the store in accordance with the Special Conditions of Contract as specified in the tender, not withstanding that a formal contract may be signed at a later date.

Yours faithfully,

(Signature of Tenderer or Authorized Representative).

For and on behalf of M/s. __________________________

__________________________ __________________________

S E A L Enclosures (Tenderers to specify):

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Annexure-II OFFER FORM ‘B’ RATES AND QUANTITES

TENDER No. CS-165 of 2011 Description of Item:

Manufacture and supply of Prestressed Mono-block concrete sleeper (pre-tensioned type) for Broad Gauge (1673 mm) to Drg. No. T-2496 to suit 60 kg. UIC rail as per RDSO design and IRS Specification No. T-39-85 (Fourth Revision Aug’ 2011) as amended up- to-date, duly loaded in wagons/road vehicles. Schedule of Quantities to be supplied from existing RDSO approved plants:

• Excise Duty and Sales Tax on finished stores accepted, as legally leviable on the date

of supply, will be payable extra by the Purchaser. The rate of excise duty and sales tax as on the date of opening of tender is as under:

(a) Excise Duty:_____________________;

(b) Sales Tax:_______________________;

(c) Any other tax: ___________________.

• This offer of rate is made after taking into consideration the instructions to tenderers, special conditions of contract and all other Annexures, which are part of the tender document.

(Signature of Tenderer or

Authorized Representative).

NAME: S E A L:

Rly. Plants from which supply is proposed

to be made

Offered Qty. (Nos.)

Ex Factory Basic Rate per sleeper (Excluding CENVAT)

( In Rupees) in figures in words

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ANNEXURE-III

GOVERNMENT OF INDIA/BHARAT SARKAR MINISTRY OF RAILWAYS/RAIL MANTRALAYA

(RAILWAY BOARD)

INDIAN RAILWAY STANDARD CONDITIONS OF CONTRACT

(Vide Para 417 of the Indian Railway Code for the Stores Department)

0100 Definition and Interpretation 0101 In the Contract, unless the context otherwise requires: 0102 “Acceptance of Tender” means the letter of memorandum communicating to the Contractor

the acceptance of his tender and includes an advance acceptance of his tender. 0103 “Consignee” means where the stores are required by the acceptance of tender to be dispatched

by rail, road, air or steamer, the person specified in the Acceptance of Tender to whom they are to be delivered at the destination where the stores are required by the acceptance of tender to be delivered to a person as an interim consignee for the purpose of dispatch to another person, such other persons; and in any other case the person to whom the stores are required by the acceptance of tender to be delivered in the manner therein specified;

0104. “Contract” means and includes the invitation to tender, instructions to tenderers, tender,

acceptance of tender, Standard Conditions to Contract, Special Conditions of Contract, particulars and the other conditions specified in the acceptance of tender and includes a repeat order which has been accepted or acted upon by the for the contractor and a format agreement, if executed;

0105. The “Contractor” means the person, firm or company with whom the order for the supply is

placed and shall be deemed to include the contractors’ successors (approved by the Purchaser), representatives, heirs, executors and administrators, as the case may be, unless excluded by the terms of the contract;

0106. “The Sub-contractor” means any person, firm or company from whom the Contractor may

obtain any material or fittings to be used in the supply or manufacture of the stores;

0107. “Drawing” means the drawing or drawings specified in or annexed to the Schedule or Specifications;

0108. “Government” means the Central Government or a State Government, as the case may be;

0109. “The Inspecting Officer” means the person specified in the contract for the purpose of

Inspection of stores or work under the contract and includes his authorized representative;

0110. “Material” means anything used in the manufacture or fabrication of the stores;

0111. “Particulars” include-

(a) specification;

(b) drawing;

(c) pattern bearing the seal and signature of the Inspecting Officer (hereinafter called the sealed pattern) which shall include also a certified copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

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(d) sample sealed by the Purchaser for guidance of the Inspecting Officer (hereinafter called the certified sample) which shall include a certified copy thereof sealed by the Purchaser for the guidance of the Inspecting Officer;

(e) trade pattern, that is to say, a pattern, stores conforming to which are obtainable in

the open market and which denotes a standard of the Indian Standard Institute or other standardizing authority or a general standard of the industry;

(f) ‘Proprietary mark’ or ‘brand’ means the mark or brand of a product which is owned

by an industrial firm;

(g) any other details governing the construction, manufacture or supply of stores as may be prescribed by the contract;

0112. “Purchase Officer” means the officer signing the acceptance of tender and includes any officer

who has authority to execute the relevant contract on behalf of the Purchaser;

0113. “The Purchaser” means the President of India in the case of stores ordered for the Indian Government Railways and includes his successors and assignees;

0114. “Signed” includes stamped, except in the case of an acceptance of tender or any amendment

thereof; 0115. “Site” means the place specified in the contract at which any work is required to be executed

by the contractor under the contract or any other place approved by the Purchaser for the purpose;

0116. “Stores” means the goods specified in the contract which the contractor has agreed to supply

under the contract;

0117. “Supply Order” means an order for supply of stores and includes an order for performance of service;

0118. “Test” means such test as is prescribed by the particulars or considered necessary by the

Inspecting Officer whether performed or made by the Inspecting Officer or any agency acting under the direction of the Inspecting Officer;

0119. “Unit” and “Quantity” means the unit and quantity specified in the contract;

0120. “Writing” or “Written” includes matter either in hole or in part, in manuscript, type written,

lithographed, cyclostyled, photographed or printed under or over signature or seal, as the case may be;

0121. The delivery of the stores shall be deemed to take place on delivery of the stores in accordance

with the terms of the contract, after approval by the Inspecting Officer if so provided in the contract, to:-

(a) the consignee at his premises; or (b) where so provided the interim consignee at his premises ; or (c) a carrier or other person named in the contract for the purpose of transmission to the

consignee, or (d) The consignee at the destination station in case of contract stipulating for delivery of stores at

destination station.

0122. Words in the singular include the plural and vice versa;

0123. Words importing the masculine gender shall be taken to includes the feminine gender and words importing persons shall include any company or association or body of individuals, whether incorporated or not;

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0124. The heading of these conditions shall not affect the interpretation or construction thereof;

0125. Terms and expression not herein defined shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 (as amended), or the Indian Contract Act, 1872 (as amended) or the General Clauses Act, 1897 (as amended), as the case may be.

0200. Parties

The parties to the contract are the Contractor and the Purchaser, as defined in Clauses 0105

and 0113.

0201. Authority of person signing the Contract on behalf of the Contractor:-

A person signing the tender or any other document in respect of the Contract on behalf of the Contractor without disclosing his authority to do so shall be deemed to warrant that he has authority to bind the Contractor. If it is discovered at any time that the person so signing has no authority to do so, the Purchaser may, without prejudice to any other right or remedy of the Purchaser, cancel the contract and make or authorize the making of a purchase of the stores at the risk and cost of such person and hold such person liable to the Purchaser for all costs and damages arising from the cancellation of the contract including any loss which the Purchaser may sustain on account of such purchase. The provisions of Clause 0700 shall apply to every such purchase as far as applicable.

0202. Address of the Contractor and notices and communications on behalf of the Purchaser:-

(a) For all purposes of the contract, including arbitration thereunder, the address of the Contractor

mentioned in the tender shall be the address to which all communications addressed to the Contractor shall be sent, unless the Contractor has notified change by a separate letter containing no other communication and sent by registered post acknowledgement due to the Purchaser. The Contractor shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid.

(b) Any communication or notice on behalf of the Purchaser in relation to the contract may be issued to the Contractor by the Purchase Officer and all such communications and notices may be served on the Contractor either by registered posts or under certificate of posting or by ordinary post or by hand delivery at the option of such officer.

0300. Quotations of rates by Contractors:-

(a) The price quoted by the Contractor shall not be higher than the controlled price fixed by law

for the stores or where there is no controlled price, it shall not exceed the prices or contravene the norms for fixation of prices laid down by Government or where no such prices or norms have been fixed by the Government, it shall not exceed the price appearing in any agreement relating to price regulation by any industry in consultation with the Government. In any case, save for special reasons stated in the tender, the price quoted shall not be higher than the lowest price charged by the Contractor for stores of the same nature, class or description to a private purchaser, domestic or foreign as well as Purchaser Governments.

(b) If the price quoted is higher than the controlled price or where there is no controlled price, the price usually charged by the Contractor from a private Purchaser, domestic or foreign, as well as Purchaser Government for the stores of the same nature, class or description the Contractor will specifically mention this fact in his tender giving reasons for quoting higher price(s). If he fails to do so or makes any mis-statement, it shall be lawful for the Purchaser, (i) to revise the price at any stage so as to bring it in conformity with the Sub-clause (a) above or (ii) to terminate the contract and forfeit the Security Deposit.

0400. Contract.

0401. This contract is for the supply of the stores of the description, specifications and drawings, and

in the quantities setforth in the contract on the date or dates specified therein. Unless otherwise specified, the stores shall be entirely brand new and of the best quality and

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workmanship to the satisfaction of the Inspecting Officer. The stores shall further be in all respect acceptable to the Inspecting Officer.

0402. Any variation or amendment of the contract shall not be binding on the Purchaser unless and

until the same is duly endorsed on the contract incorporated in a formal instrument or in exchange of letters and signed by the parties.

0500. Security Deposit

0501. Unless otherwise agreed between the Purchaser and the Contractor, the Contractor shall,

within 14 days after written notices of acceptance of the tender has been posted to the Contractor, deposit with the railway concerned (in cash or the equivalent in Government Securities or approved Banker’s Guarantee Bond) a sum equal to 5 per cent of the total value of the stores detailed in the contract for which the tender has been accepted, subject to a maximum of Rs.1,00,000 as a security for the due fulfillment of the contract.

0502. If the Contractor, having been called upon by the Purchaser to furnish security, fails to make

and to maintain a security deposit within the specified period, it shall be lawful for the Purchaser:-

(a) to recover from the Contractor the amount of such security deposit by deducting the amount

from the pending bills of the Contractor under the contract or any other contract with the Purchaser or the Government or any person contracting through the Purchaser or otherwise howsoever, or

(b) to cancel the contract or any part thereof and to purchase or authorize the purchase of the stores at the risk and cost of the Contractor and in that event the provisions of Clause 0702 shall apply as far as applicable.

0503. No claim shall lie against the Purchaser in respect of interest on cash deposits or Government

Securities or depreciation thereof.

0504. The Purchaser shall be entitled and it shall be lawful on his part to forfeit the said security deposit in whole or in part in the event of any default, failure or neglect on the part of the Contractor in the fulfillment or performance in all respect of the contract under reference or any other contract with the Purchaser or any part thereafter the satisfaction of the Purchaser and the Purchaser shall also be entitled to deduct from the said deposits any loss or damage which the Purchaser may suffer or be put by reason of or due to any act or other default, recoverable by the Purchaser from the Contractor in respect of the contract under reference or any other contract and in either of the events aforesaid to call upon the Contractor to maintain the said security deposit at its original limit by making further deposits, provided further that the Purchaser shall be entitled to recover any such claim from any sum then due or which at any time thereafter may become due to the Contractor under this or any other contracts with the Purchaser.

0600. Delivery

0601. The Contractor shall as may be required by the Purchaser either deliver free or F.O.R. or c.i.f.

at the place/places detailed in the contract, the quantities of the stores detailed therein and the stores shall be delivered or dispatched not later than the dates specified in the contract. The delivery, will not be deemed to be complete unitl and unless the stores are inspected and accepted by the inspecting Officer as provided in the contract.

0602. The Purchaser shall not be liable to render assistance to the Contractor in securing or to

arrange for or provide transport to the Contractor unless it is so specifically stated in the contract, notwithstanding that transport of the stores, is controlled by or under the orders of the Government.

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0603. Notwithstanding any inspection and approval by the Inspecting Officer on the Contractor’s premises, property in the stores shall not pass on to the Purchaser until the stores have been received, inspected and accepted by the consignee.

0604. No stores shall be deliverable to the consignee’s depots on Sundays and public holidays

without the written permission of the consignee.

0700. Time for and Date of Delivery; the Essence of the Contract

The time for and the date specified in the contract or as extended for the delivery of the stores shall be deemed to be of the essence of the contract and delivery must be completed not later than the date(s) so specified or extended.

0701. Progressing of Deliveries. – The Contractor shall allow reasonable facilities and free access

to his works and records to the Inspecting Officer, Progress Officer or such other Officer as may be nominated by the Purchaser for the purpose of ascertaining the progress of the deliveries under the contract.

0702. Failure and Termination. If the Contractor fails to deliver the stores or any installment

thereof within the period fixed for such delivery in the contract or as extended or at any time repudiates the contract before the expiry of such period the Purchaser may without prejudice to his other rights -

(a) recover from the Contractor as agreed liquidated damages and not by way of penalty a sum

equivalent to 2 per cent of the price of any stores (including elements of taxes, duties, freight, etc.) which the Contractor has failed to deliver within the period fixed for delivery in the contract or as extended for each month or part of a month during which the delivery of such stores may be in arrears where delivery thereof is accepted after expiry of the aforesaid period, or

(b) cancel the contract or a portion thereof and if so desired purchase or authorize the purchase of the stores not so delivered or others of a similar description (where stores exactly complying with particulars are not in, the opinion of the Purchaser, which shall be final, readily procurable) at the risk and cost of the Contractor. It shall, however, be in the discretion of the purchaser to collect or not the security deposit from the firm/firms on whom the contract is placed a the risk and expense of the defaulted firm.

Where action is taken under Sub-clause (b) above, the Contractor shall be liable for any loss

which the Purchaser may sustain on that account provided the purchase, or, if there is an agreement to purchase, such agreement is made, in case of failure to deliver the stores within the period fixed for such delivery in the contract or as extended within six months from the date of such failure and in case of repudiation of the contract before the expiry of the aforesaid period of delivery, within six months from the date of cancellation of the contract. The Contractor shall not be entitled to any gain on such purchase and the manner and method of such purchase shall be in the entire discretion of the Purchaser. It shall not be necessary for the Purchaser to serve a notice of such purchase on the Contractor.

Note:- In respect of the stores which are not easily available in the market and where procurement difficulties are experienced, the period for making risk purchase shall be nine months instead of six months provided above.

0703. Consequences of Rejection. - If on the stores being rejected by the Inspecting Officer or Interim Consignee or Consignee at the destination, the Contractor fails to make satisfactory supplies within the stipulated period of delivery, the Purchase shall be at liberty to:

(i) require the Contractor to replace the rejected stores forthwith but in any event not later than a

period of 21 days from the date of rejection and the Contractor shall bear all cost of such replacement including freight, if any, on such replacing and replaced stores but without being entitled to any extra payment on that or any other account, or

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(ii) purchase or authorize the purchase of quantity of the stores rejected or others of a similar description (when stores exactly complying with particulars are not in the opinion of the Purchaser, which shall be final, readily available) without notice to the Contractor at his risk and cost and without affecting the Contractor’s liability as regards the supply of any further installment due under the contract, or

(iii) cancel the contract and purchase or authorize the purchase of the stores or others of a similar description ( when stores exactly complying with particulars are not, in the opinion of the Purchaser, which shall be final, readily available) at the risk and cost of the Contractor. In the event of action being taken under Sub-clause (ii) above or under this Sub-clause, the provision of Clause 0702 above will apply as far as applicable.

(iv) where under the contract the price payable is fixed F.O.R dispatching station, the Contractor

shall, if the stores are rejected at destination by the consignee, be liable, in addition to his other liabilities, including refund of price recoverable in respect of the stores so rejected, to reimburse to the Purchaser the freight and all other expenses incurred by the Purchaser in this regard.

0800. Extension of Time for Delivery. - If such failure as aforesaid shall have arisen from any

cause which the Purchaser may admit as reasonable ground for extension of time, the Purchaser shall allow such additional time as he considers to be justified by the circumstances of the case, and shall forego the whole or such part, as he may consider reasonable, of his claim for such loss or damage as aforesaid. Any failure or delay on the part of sub-contractor, through their employment may have been sanctioned under Condition 1500 hereof, shall not be admitted as a reasonable ground for any extension of time or for exempting the Contractor from liability for any such loss or damage as aforesaid.

0900. Examination of Drawing, Specifications and Patterns. - When tenders are called for in

accordance with a drawing, specifications or sealed pattern the Contractor’s tenders to supply in accordance with such drawing, specifications or sealed pattern shall, be deemed to be an admission on his part that he has fully acquainted himself with the details thereof and, in no circumstances, will any claim on his part which may arise on account of his insufficient examination of the said drawing, specification or sealed pattern be considered.

1000. Mistakes in Drawing.

The Contractor shall be responsible for and shall pay for any alterations for the works due to

any discrepancies, errors or omissions in the drawings or other particulars supplied by him whether such drawings or particulars have been approved by the Purchaser or not provided that such discrepancies, errors or omission be not due to inaccurate information or particulars furnished to the Contractor on behalf of the Purchaser. If any dimension figure upon a drawing on plan differ from those obtained by scaling the drawing or plan, the dimensions as figured upon the drawings or plan shall be taken as correct.

1100. Samples.

1101. Advance Sample. - Where an advance sample is required to be approved under the terms of

the contract, the Contractor shall submit the sample free of cost to the Inspecting Officer within the time specified in the acceptance of tender. If the Contractor is unable to do so, he must apply immediately to the Office issuing the acceptance of tender for extension of time stating the reasons for the delay. If the Purchaser is satisfied that a reasonable ground for an extension of time exists, he may allow such additional time as he considers to be justified (and his decision shall be final) with or without alteration in the delivery period stipulated in the acceptance of tender and on such conditions as he deems fit. In the event of the failure of the Contractor to deliver the advance sample by the date specified in the acceptance of tender or any other date to which the time may be extended as aforesaid by the Purchaser or of the rejection of the sample, the Purchaser shall be entitled to cancel the contract and, if so desired, purchase or authorize the purchase of the stores at the risk and cost of the Contractor, in which case the provisions of Clause 0700 shall apply as far as applicable.

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1102. Unless otherwise provided in the contract, all samples required for test shall be supplied by the Contractor free of cost. Where sample which is supplied free, is rejected after examination and test, the same or whatever remains of the sample, after examination and test will be returned to the Contractor at his request and cost within three months of the date of such rejection at public tariff rate at Owner’s risk.

1103. Marking. – Samples submitted shall be clearly labeled with the Contractor’s name and address

and the acceptance of tender number.

1104. If the Contractor submits a sample whether with, before or after the tender, the same shall not govern the standard of supply except when it has been so specifically stated in the acceptance of tender.

1105. Whereunder the contract, the contractor is required to submit an advance sample, any

expenses incurred by the Contractor on or in connection with the production of stores in bulk, before the sample has been approved unconditionally, shall be borne by the Contractor and he shall not claim any compensation in the event of such sample being found unacceptable by the Inspecting Officer.

1106. The rejection of the sample by the Inspecting Authority or Inspecting Officer shall be final

and binding on the contractor.

1107. Where the contract does not require any advance sample to be approved, the Contractor may before proceeding with bulk manufacture or delivery of the stores, if he so desires, submit to the Inspecting Officer for inspection a sample of the stores in which case a quantity not less than one per cent of the total quantity to be supplied unless otherwise authorized by the Inspecting Officer shall be submitted. The contractor shall not, however, be entitled to be shown any consideration or give any extension of time or claim to be exonerated from completing the delivery within the stipulated period only on the ground of delay in the approval of any such sample.

1108. If, under the contract, supplies are governed by a sealed pattern the Contractor shall be bound

to examine such pattern before preparing a sample or manufacturing the stores in bulk as the case may be.

1109. Loan of Sample. - If a certified sample is lent to the Contractor, it will bear a label

containing inter alia variation known to the Inspecting Officer between the said sample and the stores desired. If the Contractor finds any further variation between the certified sample and the particulars of specifications mentioned in the contract he shall at once refer the matter to the Inspecting Officer and the Contractors shall also give intimation of such discrepancy to the Purchase Officer. The Contractor shall follow the instructions of the Inspecting Officer as to what sample of particulars should guide the production of stores and the decision of the Inspecting Officer in the matter shall be final and binding on the Contractor.

1110. The Contractor shall not detach the said label from the certified sample and if for any reasons

the said label gets detached the Contractor shall at once return the certified sample to the Inspecting Officer for attaching a fresh label.

1200. Risk of Loss or Damage to Government or Purchaser’s Property.

1201. All the property of the Government or Purchaser loaned whether with or without deposit on

terms and conditions to be separately agreed upon in respect of each particular contract to the Contractor in connection with the contract shall remain the property of the Government or the Purchaser, as the case may be. The Contractor shall use such property for the purpose of the execution of the contract and for no other purpose whatsoever.

1202. All such property shall be deemed to be in good condition when received by the Contractor

unless he shall have within twenty-four hours of the receipt thereof notified the Purchase Officer to the contrary. If the Contractor fails to notify any defect in the condition or quality of such property he shall be deemed to have lost the right to do so at any subsequent stage.

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1203. The Contractor shall return all such property and shall be responsible for the full value thereof

to be assessed by the Purchaser whose decision shall be final and binding on the Contractor. The Contractor shall be liable for loss or damage to such property from whatever cause happening while such property is in the possession of or under the control of the Contractor, his servants workmen or agents.

1204. Where such property is insured by the Contractor against loss or fire at the request of the

Government or Purchase such insurance shall be deemed to be effected by way of additional Precaution and shall nor prejudice the liability of the Contractor as aforesaid.

1300. Inspection by Inspecting Officer.

1301. (a) When inspection during manufacture or before delivery or dispatch is required,

notice in writing shall be sent by the Contractor to the Inspecting Officer when the stores or material to be supplied are ready for inspection and test, and no stores shall be delivered or dispatched until the Inspecting Officer has certified in writing that such stores have been inspected and approved by him.

(b) In cases where the Inspecting Authority specified in the contract required on behalf of the Purchaser that inspection of the raw materials to be used and/or stage inspection during the manufacturing process of the component/stores, etc. is also to be done, notice in writing be shall sent by the Contractor to the Inspecting Officer to visit his premises/works to test the raw materials and/or conduct necessary inspection during the manufacturing process of the component/stores, etc. as deemed essential.

1302. Marking of Stores.- The Contractor shall, if so required, at his own expense, mark all the

approved stores with a recognized Government or Purchaser’s mark. The stores which cannot be so marked shall, if so required by the Inspecting Officer, be packed at his own expense in suitable packages or cases, each of which shall be sealed and marked with such mark.

The Inspecting Officer shall also have power to mark the rejected stores with a rejection mark

so that they may be easily identified, if resubmitted for inspection. 1303. Facilities for Test and Examination. – The Contractor shall, at his own expense afford to the

Inspecting Officer all reasonable facilities and such accommodation as may be necessary for satisfying himself, that the stores are being and/or have been manufactured in accordance with the particulars. The Inspecting Officer shall have full and free access at any time during the execution of the contract to the Contractor’s work for the purpose aforesaid, and he may require the Contractor to make arrangements for inspection of the stores or any part thereof or any material at his premises or at any other place specified by the Inspecting Officer and if the Contractor has been permitted to employ the services of a sub-Contractor, he shall in his contract with the sub-Contractor, reserve to the Inspecting Officer a similar right.

1304. Cost of Test.- The Contractor shall provide, without any extra charge, all materials, tools, labour and assistance of every kind which the Inspecting Officer may demand of him for any test and examination, other than special or independent test, which he shall require to be on the Contractor’s premises and the Contractor shall bear and pay all costs attendant thereon. If the Contractor fails to comply with the conditions aforesaid, the Inspecting Officer shall, in his sole judgment, be entitled to remove for test and examination all or any of the stores manufactured by the Contractor to any premises other than his (Contractor’s) and in all such cases the Contractor shall bear the cost of transport and/or carrying out such tests elsewhere. A certificate in writing of the Inspecting Officer, that the Contractor has failed to provide the facilities and the means, for test examination shall be final.

1305. Delivery of Stores for Test.- The Contractor shall also provide and deliver for test, free of

charge, at such place other than his premises as the Inspecting Officer may specify, such material or stores he may require.

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1306. Liability for Costs of Special or Independent Test.- In the events of rejection of stores or any part thereof by the Inspecting Officer in the consequence of the sample thereof which is removed to the laboratory or other places of test, being found on test, to be not in conformity with the contractor, in the event of the failure of the Contractor for any reason to deliver the stores passed on test within the stipulated period, the Contractor shall, on demand pay, to the Purchaser all costs incurred in the inspection and/or test. Cost of test shall be assessed at the rate charged by the laboratory to private persons for similar work.

1307. Method of Testing.- The Inspecting Officer shall have the right to put all the stores or

materials forming part of the same or any part thereof to such tests as he may think fit and proper. The Contractor shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspecting Officer.

1308. Stores Expended in Test.- Unless otherwise provided for in the contract if the test proves satisfactory and the store or any installment thereof is accepted, the quantity of the stores or material expended in the test will be deemed to have been taken delivery of by the Purchaser and be paid for as such.

1309. Powers of Inspecting Officer.- The Inspecting Officer shall have the power-

(i) before any stores or part thereof are submitted for inspection to certify that they cannot be in accordance with the contract owing to the adoption of any unsatisfactory method of manufacture.

(ii) to reject any stores submitted as not being in accordance with the particulars. (iii) To reject the whole of the installment tendered for inspection, if after inspection of such

portion thereof as he may in his discretion think fit, he is satisfied that the same is unsatisfactory.

(iv) The Inspecting Officer’s decision as regards the rejection shall be final and binding on the Contractor.

1400. Charges for Work Necessary for Completion of the Contract.- The Contractor shall pay all charges for handling, stamping, painting, marking, protecting or

preserving patent rights, drawings, templates, models and gauges and for all such measures at the Purchaser or the Inspecting Officer may deem necessary for the proper completion of the contract, though special provision therefore may not be made in the specification of drawings.

1500. Responsibility of the Contractor for Executing the Contract.

1501. Risk in the Stores. – The Contractor shall perform the contract in all respects in accordance

with the terms and conditions thereof. The stores and every constituent part thereof, whether in the possession or control of the Contractor, his agents or servants and the Purchaser, his agents or servants, shall remait in every respect at the risk of the Contractor, until their actual delivery to the consignee at the stipulated place or destination or, where so provided in the acceptance of tender, until their delivery to a person specified in the contract as interim consignee for the purpose of dispatch to the consignee. The Contractor shall be responsible for all loss, destruction, damage or deterioration of or to the stores from any cause whatsoever while the stores after approval by the Inspecting Officer are awaiting dispatch or delivery or are in the course of transit from the Contractor to the consignee or, as the case may be, interim consignee. The Contractor shall alone be entitled and responsible to make claims against a Railway Administration or other carrier in respect of non-delivery, short delivery, misdelivery, loss, destruction, damage or deterioration of the goods entrusted to such carrier by the Contractor for transmission to the consignee or the interim consignee as the case may be.

1502. Consignor’s Right of Rejection. – Notwithstanding any approval which the Inspecting

Officer may have given in respect of the stores or any materials or other particulars or the work or workmanship involved in the performance of the contract (whether with or without any test carried out by the Contractor or the Inspecting Officer or under the direction of the Inspecting Officer) and notwithstanding delivery of the stores where so provided to the interim consignee, it shall be lawful for the consignee, on behalf of the Purchaser, to reject the stores or any part, portion or consignment thereof within a reasonable time after actual delivery thereof to him at the place or destination specified in the contract if such stores or

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part, portion or consignment thereof is not in all respects in conformity with the firms and conditions of the contract whether on account of any loss, deterioration or damage before dispatch or delivery or during transit or otherwise howsoever.

Note: In respect of materials pre-inspected at the firm’s premises the consignee will issue

rejection advice within 90 days from the date of receipt.

1503. Provided that where, under the terms of the contract the stores are required to be delivered to an interim consignee for the purpose of dispatch to the consignee, the stores shall be at the Purchaser’s risk after their delivery to the interim consignee, but nevertheless it shall be lawful for the consignee on behalf of the Purchaser to reject the stores or any part, portion of consignment thereof upon their actual delivery to him at the destination if they are not in all respects in conformity with the terms and conditions of contract except where they have been damaged or have deteriorated in the course of transit or otherwise after their delivery to the interim consignee.

1504. The provisions contained in Clause 2200 relating to the removal of stores rejected by the

Inspecting Officer shall mutates mutandis apply to stores rejected by the consignee as herein provided.

Note: In respect of stores inspected during manufacture or before delivery or dispatch at

contractor’s premises the consignee will issue communication of rejection within 90 days from the date of actual delivery thereof.

1505. Subletting and Assignment. - The Contractor shall not, save with the previous consent in

writing of the Purchaser, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof any manner whatsoever.

In the event of the Contractor’s subletting or assigning this contract or any part thereof

without such permission, the Purchaser shall be entitled to cancel the contract and to purchase the stores elsewhere on the Contractor’s account and risk and the Contractor shall be liable for any loss or damage which the Purchaser may sustain in consequence or arising out of such purpose.

1506. Changes in a Firm. –

(a) Where the Contractor is a partnership firm, a new partner shall not be introduced in the firm except with the previous consent in writing of the Purchaser, which may be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract prior to the date of such undertaking.

(b) On the death or retirement of any partner of the Contractor firm before complete performance of the contract, the Purchaser may, at his option cancel the contract and in such case the Contractor shall have no claim whatsoever to compensation against the Purchaser.

(c ) If the contract is not determined as provided in Sub-clause (b) above notwithstanding the

retirement of a partner from the firm he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act, has been sent by him to the Purchaser by registered post acknowledgement due.

(d) Consequence of breach.- Should a partner in the Contractor firm commit a breach of Sub-clause 1505 above or the Contractor should commit a breach of the conditions 1506 (a) of this Sub-clause, it shall be lawful for the Purchaser to cancel the contract and purchase or authorize the purchase of the stores at the risk and cost of the Contractor and in that event the provisions of Clauses 0600 and 0700 as far as applicable shall apply.

(e) The decision of the Purchaser as to any matter or thing concerning or arising out of this sub-

clause or on any question whether the Contractor or any partner of the Contractor firm has committed a breach of any of the conditions in this sub-clause contained shall be final and binding on the Contractor.

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1507. Assistance to the Contractor.-

(a) The Contractor shall be solely responsible to procure any material or obtain any import or

other licence or permit required for the fulfillment of the contract and the grant by the Purchaser or any other authority of a quota certificate or permit required under any law for distribution or acquisition of iron and steel or any other commodity or any other form of assistance in the procurement of the material aforesaid or any attempt to render assistance in the matter aforesaid, or shall not be construed as a representation on the part of the Purchaser that the material covered by such licence or permit or quota certificate is available or constitute any promise, undertaking or assurance on the part of the purchaser regarding the procurement of the same on effect any variation in the rights and liabilities of the parties under the contract. But, if by reason of any such assistance as aforesaid, the Contractor obtains any materials at less than their market price or the cost of production of the stores is lowered the price of the stores payable under the contract shall be reduced proportionately, and the extent of such reduction shall be determined by the Purchaser whose decision shall be final and binding on the Contractor.

(b) Every effort made by the Purchaser to supply, or give assistance in the procurement of

materials, whether from the Government stock or by purchase under a permit or release order issued by or on behalf of or under authority from Government or by any officer empowered in that behalf by law or under other arrangements made by the Purchaser shall be deemed to be subject to the condition that it will be performed with due regard to the other demands and only if it is found practicable to do so within the stipulated time and the decision of the Purchaser whether it was practicable to supply or give assistance as aforesaid or not shall be final and binding on the Contractor.

1600. Use of Raw Materials secured with Government Assistance.

1601. (a) Where any raw material is procured for the execution of a contract with the assistance

of the Government rendered in the form of permit, or license or quota certificate/essentiality certificate or release order issued by or on behalf of or under the authority of the Government or by an officer empowered in that behalf, or

(b) where the raw material is issued to the Contractor from Government stock, or

(c ) where advance payments are made to the Contractor to enable him to purchase the raw

material, or

(d) where raw material is arranged by the Government, the Contractor-

(i) shall hold such material as trustee for the Government,

(ii)shall use such material economically and solely for the purpose of the contract.

(iii)shall not dispose of the same without the previous permission in writing of the Purchaser, and

(iv)shall render due account of such material and return to the Government at such place

as the Purchaser may direct all surplus or unserviceable material that may be left after the completion of the contract or its termination for any reason whatsoever.

On returning such material, the Contractor shall be entitled to such price therefore as the Purchaser may fix, having regard to the condition of such material.

1602. Where the contract is terminated due to any default on the part of the Contractor, the

Contractor shall pay all transport charges incurred for returning any material upto such destination as may be determined by the Purchaser and the decision of the Purchaser in that behalf shall be final and binding on the Contractor.

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1603. If the Contractor commits breach of any of the conditions in this clause specified, he shall, without prejudice to any other liability, penal or otherwise, be liable to account to the Government for all moneys, advantages or profits accruing from or which, in the usual course, would have accrued to him by reason of such breach.

1604. Where the stores manufactured or fabricated by the Contractor out of the material arranged

or procured by or on behalf of the Government are rejected, the Contractor shall, without prejudice to any other right or remedy of the Government, pay to the Government, on demand, the cost price or market value of all such materials whichever is greater.

1700. Indemnity.

1701. The Contractor shall at all times indemnify the Purchaser against all claims which may be

made in respect of the stores for infringement of any right protected by patent, registration of designs or trade mark. Provided always that in the event of any claim in respect of alleged breach of letters patent, registered designs or trade mark being made against the Purchaser, the Purchaser shall notify the Contractor of the same and the Contractor shall, at his own expense, either settle any such dispute or conduct any litigation that may arise there from.

1702. The Contractor shall not be liable for payment of any loyalty, licence fee or other expenses

in respect of or for making use of patents or designs with respect to which he is according to the terms of the contract, to be treated as an agent of the Government for the purpose of making use of patent or trade mark for fulfillment of the contract.

1800. Packing.

1801. The Contractor shall pack at his own cost the stores sufficiently and properly for transit by

rail/road, air and/or sea as provided in the contract so as to ensure their being free from loss or damage on arrival at their destination.

1802. Unless otherwise, provided in the contract all containers (including packing cases, boxes,

tins, drums and wrappings) in which the stores are supplied by the Contractor, shall be considered as non-returnable and their cost as having been included in the contract price.

1803. If the contract provides that the containers shall be returnable, they must be marked

‘returnable’ and they will be returned to the Contractor as per terms of the contract.

1804. If the contract provides that the containers shall be returnable, they shall be invoiced by the Contractor at the price specified in acceptance of tender. In such cases, the Contractor shall give full credit for the invoiced amount if the containers are returned to the Contractor. Return of containers shall be made within a reasonable time and in the event of any dispute or difference arising as to whether the containers were so returned, the decision of the Purchaser thereon shall be final and binding and the Purchaser may, in his discretion award, such compensations as may in his opinion be proper for any undue delay in returning the containers.

1805. Each bale or package delivered under the contract shall be marked by the Contractor at his

own expense. Such marking shall be distinct (all previous irrelevant marking being carefully obliterated) and shall clearly indicate the description and quantity of the stores, the name and address of the Consignee, the gross weight of the package and the name of the Contractor with a distinctive number of mark sufficient for the purpose of identification. All markings shall be carried out with such material as may be found satisfactory by the Inspecting Officer as regards quickness of drying, fastness and indelibility.

1806. The Inspecting Officer may reject the stores if the stores are not packed and/ or marked as

aforesaid and in case where the packing materials are separately prescribed, if such materials are not in accordance with the terms of the contract. Such rejection of the stores by the Inspecting Officer shall be final and binding on the Contractor.

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1807. Each bale or package shall contain a packing note specifying the name and address of the

Contractor, the number and date of the acceptance of tender or supply order and the designation of the Purchase Officer issuing the supply order, the description of the stores and the quantity contained in such bale or package.

1900. Notification of Delivery.

Notification of delivery or dispatch in regard to each and every installment shall be made

to the consignee and to the indentor immediately on dispatch or delivery. The Contractor shall further supply to the consignee, or the interim consignee, as the case may be, a packing account Quoting number of the acceptance of tender and /or supply or repeat order and date of dispatch of the stores. All packages, containers, bundles and loose materials part of each and every installment shall be fully described in the packing account and full details of the contents of the packages and quantity of materials shall be given to enable the consignee to check the stores on arrival at destination. The Railway Receipt/Consignment Note or Bill of lading, if any, shall be forwarded to the consignee by registered post immediately on the dispatch of stores. The contractor shall bear and reimburse to the Purchaser demurrage charges, if any, paid by reason of delay on the part of the Contractor in forwarding the Railway Receipt, Consignment Note or Bill of Lading.

2000. Progress Reports.

2001. The Contractor shall form time-to-time, render such reports concerning the progress of the

contract and/or supply of the stores in such form as may be required by the Purchaser.

2002. The submission, receipt and acceptance of such reports shall not prejudice the rights of the Purchaser under the contract, nor shall operate as an estoppel against Purchaser merely by reason of the fact that he has not taken notice of/or subjected to test any information contained in such report.

2100. Freight

The stores shall be dispatched at public tariff rates. In the case of f.o.r., station of dispatch

contract, the stores shall be booked by the most economical route or most economical tariff available at the time of dispatch as the case may be. Failure to do so will render the Contractor liable for any avoidable expenditure cause to the Purchaser. Where alternative routes exist, the Purchaser shall, if called upon to do so, indicate the most economical route available, or name the authority whose advice in the matter shall be taken and acted upon. If any advice of any such authority is sought, his decision or advise in the matter shall be final and binding on the Contractor.

2101. OCTROI:

In respect of Road deliveries where the Municipal/Local authority do not accept octroi

duty exemption certificate the octroi duty should be borne by the seller.

2200. Removal of Rejected Stores.

2201. On rejection of all stores submitted for inspection at a place other than the premises of the Contractor, such stores shall be removed by the Contractor at his own cost subject as hereinafter stipulated, within 21 days of the date of intimation of such rejection. If the concerned communication is addressed and posted to the Contractor at the address mentioned in the contract, it will be deemed to have been served on him at the time when such communication would be in the course of ordinary post reach the Contractor. Provided that the Inspecting Officer may call upon the Contractor to remove dangerous, infected or perishable stores within 48 hours of the receipt of such communication and the decision of the Inspecting Officer in this behalf shall be final in all respects. Provided further that where the price or part thereof has been paid, the consignee is entitled without prejudice to his other rights to retain the rejected stores till the price paid for such stores is

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refunded by the Contractor save that such retention shall not in any circumstances be deemed to be acceptance of the stores or waiver or rejection thereon.

2202. All rejected stores shall in any event and circumstances remain and always be at the risk of

the Contractor immediately on such rejection. If such stores are not removed by the Contractor within the periods aforementioned, the Inspection Officer may remove the rejected stores and either return the same to the Contractor at his risk and cost by such mode of transport as the Purchaser or Inspecting Officer may decide, or dispose of such stores at the Contractor’s risk and on his account and retain such portion of the proceeds, if any from such disposal as may be necessary to recover any expense incurred in connection with such disposals (or any price refundable as a consequence of such rejection). The purchaser shall, in addition, be entitled to recover from the Contractor ground rent/demurrage charges on the rejected stores after the expiry of the time-limit mentioned above.

2203. The stores that have been dispatched by rail and rejected after arrival at destination may be

taken back by the Contractor either at the station where they were rejected or at the station from which they were sent, after refunding the price paid for such stores and other charges refundable as a consequence of such rejection. If the contract is placed for delivery F.O.R. station of dispatch, the contractor shall pay the carriage charges on the rejected consignment at public tariff rates from the station of dispatch to the station where they are rejected. If the Contractor elects to take back the goods at the station from which they were dispatched, the goods shall in addition, be booked backed to him freight to-pay at public tariff rates and at owner’s risk. The Contractor shall be liable to reimburse packing and incidental costs and charges incurred in such return or rejected stores in addition to other charges refundable as a consequence of rejection. The goods shall remain the property of the Contractor unless and until accepted by the Purchaser after inspection.

2300. System of Payment

2301. Unless otherwise agreed upon between the parties, payment for delivery of the stores will

be made on submission of bills in the prescribed form which may be obtained from the Purchase Officer in accordance with the instructions given in the Acceptance of Tender, by a cheque or demand draft on a branch of the Reserve Bank of India or State Bank of India transacting government business as may be decided by the Purchaser.

2302. Payment for the stores or for each consignment thereof will be made to the Contractor on

submission of bills accompanied by required document in accordance with the following procedure in contracts where such a facility to the Contractor has specifically been agreed to by the Purchaser:-

(a) 95 per cent payments for the stores or each consignment thereof will be made to the

firms against proof of inspection and dispatch. The original railway receipt should be sent to the Accounts Officer responsible for payment along with 95 per cent bill advising the particulars of dispatch to' the consignee. The Accounts Officer after passing the 95 per cent bill should pass on the original railway receipt to the consignee for taking delivery of the consignment. It should however, be ensured that there is no delay in 'the Accounts Office transmitting the original railway receipt to the consignee.

(b) The balance of 5 per cent shall be paid on receipt of the stores or each consignment thereof in accordance with the terms of the contract in good condition by the consignee, with a certificate to that effect endorsed on the copy of the Inspection Note by the Consignee which shall accompany the bill submitted by the Contractor.

(c) In the case of. c. .i. f. contract 95 per cent of the price will be paid in India on

presentation of shipping documents and inspection certificate and the remaining 5 per cent on receipt of the stores in accordance with the terms of the contract in good condition by the consignee, and on producing the certificate of such receipt endorsed on

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one copy of the Inspection Note by the Consignee, or alternatively at the Contractor’s option, .the full value of. the stores will be paid after inspection, on receipt of the consignment m accordance with the terms of the contract in good condition by the Consignee and on producing a certificate of such receipt endorsed on one copy of the Inspection Note.

2303. In all other contracts or in contracts where the Inspecting Officer also acts as the interim

consignee or where inspection is carried on by the Consignee himself at destination and in all cases of local delivery full payment shall be made on submission of "Final 100 per cent bill" supported by the Inspection Certificates and consignee's receipt as aforesaid to the Accounts Officer concerned.

Note:- (l) The system of 95 per cent and 5 per cent payment is not applicable to claims

amounting to Rs. 200 or below. In such cases only a single bill for value should be submitted.

(2) In the case of Running Contracts, the system of payment will be similar to the above except that payment would be 98 pet cent and 2 per cent instead of 95 per cent and 5 per cent specified above.

2400. Withholding and lien in respect of sums claimed.

2401. Whenever any claim or claims for payment of a sum of money arises out of or under the

contract against the Contractor, the Purchaser shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any, deposited by the Contractor and for the purpose aforesaid, the Purchaser shall be entitled to withhold the said cash security deposit or the security, if any, furnished as the case may be and also have a lien over the same pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the Contractor, the Purchaser shall be entitled to withhold and have lien to retain to the extent of the such claimed amount of amounts referred to supra, from any sum or sums found payable or which at any time thereafter may become payable to the Contractor under the same contract or any other contract with the Purchaser or the Government pending finalization or adjudication of any such claim.

It is an agreed term of the contract that the sum of money or moneys so withheld or retained under the lien referred to above, by the Purchaser will be kept withheld or retained as such by the Purchaser till the claim arising out of or under the contract is determined by the Arbitrator (if the contract is governed by the arbitration clause) or by the competent court as prescribed under Clause 2703 hereinafter provided, as the case may be, and that the Contractor will have no claim for interest or damages whatsoever on any account in respect of such withholding or retention under the lien referred to supra and duly notified as such to the contractor:

2402. For the purpose of Clause 2401, where the Contractor is a partnership firm or a limited

company, the Purchaser shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/limited company, as the case may be, whether in his indivjdo.w1 capacity or otherwise.

2403. Lien in respect of Claims in other Contracts. - Any sum of money due and payable to

the Contractor (including the security deposit returnable to him) under the contract may withhold or retain by way of lien by the Purchaser or Government against any claim of the Purchaser or Government in respect of payment of a sum of money arising out of or under any other contract made by the Contractor with the Purchaser or Government.

It is an agreed term of the contract that the sum of money so withheld or retained under this clause by the 'Purchaser or Government will be kept withheld or retained as such by the Purchaser or Government till his claim arising out of in the same contract or any other

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contract is either mutually settled or determined by the arbitrator, if the contract is governed by the arbitration clause or by the competent court under Clause 2703 hereinafter provided, as the case may be, and that the Contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in respect of any sum of money withheld or retained under this clause and .duly notified as such to the Contractor.

2500. Corrupt Practices

2501. The Contractor shall not offer or give or agree to give to any person in the employment of

the Purchaser or working under the order of the Purchaser any gift or consideration of any kind as an inducement or reward for doing or for bearing to do or for having done or for borne to do any act in relation to the obtaining or execution of the contract or any other contract with the Purchaser or Government or for showing any favour or for bearing to show disfavour to any person in relation to the contract or any other contract with the Purchaser or Government. Any breach of the aforesaid condition by the Contractor. or anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) or the commission of any offence by the Contractor or by any one employed by him or acting on his behalf under Chapter IX of the Indian Penal Code, 1860 or the Prevention of Corruption Act, 1947 or any other act enacted for the prevention of corruption by public servants shall entitle the Purchaser to cancel the contract and all or any other contracts with the Contractor- and to recover from the Contractor the amount of any loss arising from such cancellation in accordance with the provisions of Clauses 0600 and 0700. '

2502 Any dispute or difference in respect of either the interpretation effect or application or the

above condition or of the amount recoverable there under by the Purchaser from the Contractor, shall be decided by the Purchaser, whose decision thereon shall be final and binding on the Contractor,

2600. Insolvency and Breach of Contract

2601: The Purchaser may at any time. by notice in writing summarily determine the contract without compensation to the Contractor in any of the following events, that is to say:-

(a) if the Contractor being an individual or if a firm, any partner thereof, shall at any

time, be adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or

(b) if the Contractor being a company is wound up voluntarily or by the order of a Court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders is appointed or circumstances shall have arisen which entitle the Court or Debenture -holders to appoint a Receiver, liquidator or Manager or

(c) if the Contractor commits any breach of the contract not herein specifically provided for.

Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the Purchaser and provided also the Contractor shall be liable to pay to the Purchaser for any extra expenditure he is thereby put to and the Contractor shall, under no circumstances, be entitled to any gain on re-purchase.

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2700. Laws governing the Contract

2701. This contract shall be governed by the laws of India for the time being in force.

2702. Irrespective of the place of delivery, the place of performance or place of payment under the contract, the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued.

2703 Jurisdiction of courts

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

2704. Marking of stores –

The marking of the stores must comply with the requirements of the laws relating to merchandise marks for the time being in force in India.

2705. Compliance with provisions of Contract Labour (Regulation and Abolition) Act, 1970.

(1) The Contractor shall comply with the provisions of the Contract Labour (Regulation and

Abolition) Act, 1970 and the Contractor Labour (Regulation and Abolition) Central Rules, 1971, as modified from time to time wherever applicable and shall also indemnify the Purchaser from and against any claims under the aforesaid Act and the Rules.

(2) The Contractor shall obtain a valid license under the aforesaid Act as modified from time to

time before the commencement of the contract and continue to have a valid license until the completion of the contract. Any failure to fulfill this requirement shall attract the penal provisions of the contract arising out of the resultant non-execution of the contract.

(3) The Contractor shall pay to labour employed by him directly or through Sub-Contractors the

wages as per provisions of the aforesaid Act and the Rules wherever applicable. The Contractor, shall, notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the contract including any engaged by his Sub-Contractors in connection with the said contract, as if the labour had been immediately employed by him.

(4) In respect of all labour directly or indirectly employed in the. contract for performance of the

Contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and the Rules wherever applicable.

(5) In every case in which, by virtue of the provision of the aforesaid Act or the Rules, the

Purchaser is obliged to pay any amount of wages to a workman employed by the Contractor or his Sub-Contractor in execution of the contract or to incur any expenditure in providing welfare and health amenities required to be provided under the aforesaid Act and the Rules or to incur any expenditure on account of the contingent liability of the Purchaser due to the Contractor's failure to fulfill his statutory obligations under the aforesaid Act or the Rules the Purchaser will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred, and without prejudice to the rights of the Purchaser under Section 20, Subsection (2) and Section 21, Subsection (4) of the aforesaid Act., the Purchaser shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the Purchaser to the Contractor whether under the contract or otherwise. The Purchaser shall not be bound to contest any claim made against it under Sub-section (1) of Section 20 and Sub-section (4) of Section 21 of the aforesaid Act except on the written request of the Contractor and upon his giving to the Purchaser full security for all costs for which the Purchaser might become liable in contesting such claim. The decision of the Purchaser regarding the amount actually recoverable from the Contractor as stated above, shall be final and binding on the Contractor.

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2800. Headings The headings of conditions here to shall not affect the construction thereof. 2900. Arbitration

(a) In the event of any question, dispute or difference arising under these conditions or any

special conditions of contract, or in connection with this contract (except as to any matters the decision of which is specially provided for by these or the Special conditions) the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be the arbitrator, by the General Manager in the case of contracts entered into by the Zonal Railways and Production Units; by any Member of the Railway Board, in the case of contracts entered into by the Railway Board and by the Head of the Organization in respect of contracts entered into by the other Organizations under the Ministry of Railways. The Gazetted Railway Officer to be appointed as arbitrator however will 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 their duties as railway servant have expressed views on all or any of the matters under dispute or difference. The award of the arbitrator shall be final and binding on the parties to this contract.

(b) In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to

act for any reason, or his award being set aside by the court for any reason, it shall be lawful for the authority appointing the arbitrator to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid.

(c) It is further a term of this contract that no person other than the person appointed by the

authority as aforesaid should act as arbitrator and that if for any reason that is not possible, the matter is not to be referred to arbitration at all.

(d) The arbitrator may from time to time with the consent of all the parties to the contract enlarge

the time for making the award.

(e) Upon every and any such reference the assessment of the cost incidental to the reference and award respectively shall be in the discretion of the arbitrator.

. (f) Subject as aforesaid, the Arbitration and Conciliation Act, 1996 and the rules there under and

any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause.

(g) The venue of arbitration shall be the place from which the acceptance note is issued or such

other place as the arbitrator at his discretion may determine.

(h) In this clause the authority to appoint the arbitrator includes, if there be no such authority, the officer who is for the time being discharging the functions' of that authority, whether in addition to other functions or otherwise.

3000 Fall Clause: Deleted

INSPECTION & REJECTION

3100. Where under a contract, the price payable is fixed on F.O.R. station of dispatch basis, the Contractor shall, if the stores are rejected at destination by the consignee be liable in addition to his other liabilities, to reimburse to the Purchaser the freight paid by the Purchaser.

3101. Notification of Result of Inspection- Unless otherwise provided in the specification of

schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of the examination will be notified to the Contractor.

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3102. Inspection Notes. -On the stores being found acceptable by the inspecting Officer he shall furnish the Contractor with necessary copies of Inspection Notes duly completed, for being attached to the Contractor’s bill In support thereof.

3200. Warranty/Guarantee

3201. The Contractor/Seller hereby covenants that it is a condition of the contract that all

goods/stores/articles furnished to the Purchaser under this contract shall be of the highest grade, free of all defects and faults and of the best materials, quality, manufacture and workmanship throughout and consistent with the established and generally accepted standards for materials of the type ordered and in full conformity with the contract specification, drawing or sample, if any and shall, if operable, operate properly.

3202. The Contractor also guarantees that the said goods/stores/articles would continue to conform to

the description and quality as aforesaid, for a period of 30 months after their delivery or 24 months from the date of placement in service whichever shall be sooner, and this warranty shall survive notwithstanding the fact that the goods/stores/articles may have been inspected, accepted and payment therefore made by the Purchaser.

3203. If during the aforesaid period, the said goods/stores/articles be discovered not to conform to

the description and quality aforesaid or have deteriorated, otherwise than by fair wear and tear the decision of the Purchaser in that behalf being final and conclusive than the Purchaser will be entitled to reject the said goods/stores/articles or such portions thereof as may be discovered not to conform to the said description and quality. On such rejection, the goods/stores/articles or such portions thereof will be at the Seller’s risk. If the Contractor/Seller so desired, the rejected goods may be taken over by him or his agents for disposal in such manner as he may deem fit within a period of 3 months from the date of such rejection. At the expiry of the period, no claim whatsoever shall lie against the Purchaser in respect of the said goods/stores/articles, which may be disposed of by the Purchaser in such manner as he thinks fit. Without prejudice to the generality of the foregoing, all the provisions in the Indian Railways Standard Conditions of Contract relating of the ‘rejection of stores’ and ‘failure’ and ‘termination’ add and Clause 3100-02 above shall apply.

3204. The Contractor/Seller shall, if required, replace the goods or such portion thereof as have been

rejected by the Purchaser, free of cost, at the ultimate destination, or at the option of the Purchaser, the Contractor/Seller shall pay to the Purchaser, the value thereof at the contract price and such other expenditure and damage as may arise by reason of the breach of the conditions herein before specified. Nothing herein contained shall prejudice any other right of the Purchaser in that behalf under this contract or otherwise.

3300. Book Examination Clause The Government reserves the right for ‘Book Examination’ as

follows:-

(i) The Contractor shall whenever called upon and requiring to produce or cause to be produced for examination by any Government Officer duly authorized in that behalf, any cost or other account book of account, voucher, receipt, letter, memorandum, paper or writing or any copy of or extract from any such document and also furnish information any way relating to such transaction and procedure before the duly authorized Government Officer returns verified in such manner as may be required relating in any way to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract (the decision of such Government Officer on the question of relevancy of any document, information of return being final and binding on the parties).

The obligation imposed by this clause is without prejudice to the obligation of the contractor under any statute, rules or orders shall be binding on the Contractor.

(ii) The Contractor shall, if the authorized Government Officer so requires (whether before or

after the prices have been finally fixed), afford facilities to the Government Officer concerned to visit the Contractor’s works for the purpose of examining the processes of manufacture and estimating or ascertaining the cost of production of the articles. If any

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portion of the work be entrusted or carried out by a sub-contractor or any subsidiary or allied firm or company, the authorized Government Officer shall have power to examine all the relevant books of such sub-contractor or any subsidiary or allied firm or company shall be open to this inspection as mentioned in Clause(i).

(iii) If on such examination, it is established that the contracted price is in excess of the actual

cost plus reasonable margin or profit, the Purchaser shall have the right to reduce the price and determine the amount to a reasonable level.

(iv) Where a contract provides for book examination clause, the Contractor or its agency bound

to allow examination or its books within a period of 60 days from the date the notice is received by the Contractor, or its agencies calling for the production of documents as under clause (i) above. In the event of Contractor's or his agencies failure to do so, the contract price would be reduced and determined according to the best judgment of the Purchaser which would be final and binding on the Contractor and his agencies.

3400. Inspection at the Fag End of the Delivery Period:-

In cases where only a portion of the stores ordered is tendered for inspection at the Fag end of the delivery period and also in cases where inspection is not completed in respect of the portion of the stores tendered for inspection during the delivery period, the Purchaser reserves the right to cancel the balance quantity not tendered for inspection within the delivery period fixed in the contract at the risk and expense of the Contractor without any further reference to him. If the stores tendered for inspection during or at the fag end of the delivery period are not found acceptable after carrying out the inspection, the Purchaser (is entitled to cancel the contract in respect of the same at the risk and expense of the Contractor. If, however, the stores tendered for inspection are found acceptable, the Purchaser may grant an extension of the delivery period subject to the following conditions:-

(a) The Purchaser has the right to recover from the Contractor under the provision of clause

0702 (a) of I.R.S. Conditions of Contract liquidated damages on the stores which the Contractor has failed to deliver within the period fixed for delivery.

(b) That no increase in price on account of any statutory increase in or fresh imposition of

Customs Duty, Excise Duty, Sales Tax or on account of any other tax or duty leviable in respect of the stores specified in the contract which take place after the date of the delivery period stipulated in the contract shall be admissible on such of the said stores as are delivered after the date of the delivery stipulated in the contract.

(c) That notwithstanding any stipulation in the contract for increase in price on any other

ground no such increase which takes place after the date of the delivery stipulated in the contract shall be admissible on such of the said stores as are delivered after the expiry of the delivery period stipulated in the contract.

(d) But nevertheless, the Purchaser shall be entitled to the benefit of any decrease in price

on account of reduction in or remission of Custom Duty, Excise Duty, Sales Tax or on account of any other Tax or Duty or on other ground as stipulated in the price variation clause which takes place after the expiry of the date of delivery period stipulated in the contract.

3401. The Contractor shall not dispatch the Stores till such time as an extension in terms of

Para 16 (a) to (d) above is granted by the Purchaser and accepted by the Contractor. If the stores are dispatched by the Contractor before an extension letter as aforesaid is issued by the Purchaser and the same are accepted by the Consignee, the acceptance of the stores shall be deemed to be subject to the conditions (a) to (d) set out in paragraph 3400 above.

3402. In cases where the entire quantity has not been tendered for inspection within the delivery

period stipulated in the contract and the Purchaser chooses to grant an extension of the

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delivery period the same would be subject to conditions (a) to (d) mentioned in the paragraph 3400 above.

3500 These [special] conditions wherever they differ from the Invitation to Tender and

Instructions to Tenderers override the latter.

(ADDITIONAL) SPECIAL CONDITIONS

(Vide Para 417-S)

In addition to Standard Conditions of Contract, the following special conditions shall apply to [Running] Contract:-

3600. Purpose of Contract and Parties to the Contract

3601. The parties to the contract, which shall be deemed to be a “Running Contract" and which

is intended for the supply of the stores of the descriptions and approximately in the quantities set forth in the contract during the period specified therein shall be the Contractor of the one part and the authorities named in the contract hereinafter called the Purchaser (which expression shall, where the context so admits or implies, be deemed to include his successors and assigns) of the other part. The quantities shown In the said Contract, are only approximate, and cannot be guaranteed.

3602. The Purchaser may authorize any officer (who shall hereinafter be called Direct

Demanding Officer) at any time during the period of the contract, to place orders direct on the Contractor.

3603. Any variation of this contract shall not be binding on the Purchaser unless or until the

same is endorsed on the contract or incorporated in a formal instrument in exchange of letters and signed by the parties.

3700 Delivery. The Contractor shall as may be required by the Purchaser either deliver free or F.O.R. or

C.I.F at the place or places specified in the contract such quantities of the stores detailed in the said contract as may be ordered direct from the Contractor from time-to-time by the Purchaser or by the Direct Demanding Officer. The Contractor shall deliver or dispatch the full quantity of the stores so ordered within the period specified in the said contract.

3800. Increase or Decrease of Quantities.

The Purchaser shall be entitled at any time to increase or decrease the approximate total quantities of each description of stores shown in the said contract by not more than 30 per cent and will give reasonable notice in writing of any such increase or decrease to the Contractor.

3900. Maintenance and Replacement of Stocks.

3901. To meet casual demands, the Contractor shall maintain at all time in stock (until 75 per cent of the requirements have been drawn), at the place(s) specified in the contract, the quantity/quantities mentioned therein. All demands should be complied with immediately they are received by the Contractor or within the period, if any, stipulated in individual orders. As soon as the Contractor is called upon to effect supplies, he shall take action to replenish the guaranteed stocks until such time as 75 per cent of the total approximate requirement has been drawn and such replenishment shall be completed with the period specified in the contract, after the receipt by the Contractor of casual demands. Due notice will be given to the Contractor by the Direct Demanding Officers or by the Purchaser, if any additional quantities over and above 75 per cent of the total approximate requirements are required and the Contractor shall then arrange stocks accordingly.

3902. The period for replenishment of stocks will be allowed only if the material is not in stock.

If the material is in stock this Provision will be inoperative even though the guaranteed stock quantity may have been supplied against the contract.

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4000. Reporting Progress of Contract.

The Contractor shall three calendar months before the termination of the contract or at such intervals as may be specified in the contract, submit a report to the Purchaser stating the total quantity of stores delivered or dispatched under the contract.

4100. Special conditions where they differ from Standard Conditions override the later.

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Annexure-IV SPECIAL CONDITIONS OF CONTRACT

1. General This contract will be governed by IRS Conditions of Contract as incorporated in Annexure-III of the Tender Document as well as the Special Conditions of Contract mentioned herein. In case of conflict between the two, i.e., IRS Conditions of Contract and Special Conditions of Contract, the provisions of Special Conditions of Contract shall prevail.

2. Rates

The supply of sleepers in accordance with the terms and conditions of this contract shall be effected at the accepted unit rate, subject to price variation in terms of Clause 13 of these conditions. In addition to the accepted rates, the cost of transportation of Inserts, HTS Wire and Cement shall be reimbursed extra as per Clause 14 of these conditions. In addition to the accepted rate and reimbursement of freight, the contractor will also retain CENVAT credits available on input materials on the date of opening of the tender. CENVAT shall be covered under Clause 13.3 of these conditions.”

2.1. The quoted rate shall be inclusive of the cost of all labour and input materials like

HTS Wire, Inserts, Cement and coarse and fine aggregates, etc. including all handling charge, taxes and duties thereon except the following charges which shall be paid extra:

(d) the cost of transportation of inserts, HTS Wire and cement as per

clause 14. (e) inspection charges of SGCI inserts as per Clause 6.9; (f) Entry tax on cement, HTS Wire and SGCI inserts wherever legally

applicable and as per actuals subject to the production of documentary evidence will be regulated as per clause 5.

2.2. The quoted rate would also include the cost of transportation of finished sleepers to

loading point and loading into the wagons/road vehicles at the FOR station in accordance with the approved drawing including the cost of handling involved in the process. The Cost of wooden packing as per drawings will be borne by the contractor.

2.3. The quoted rates and other terms and conditions under this contract will remain

current and valid for a period of two years after one month from the date of acceptance of tender/counter offer, as the case may be. The Purchaser also has the right to defer deliveries (i.e. slow down supplies). The purchaser shall also has the right to enhance delivery period upto 6 months on the same rates, terms and conditions at its sole discretion. Further extension, beyond 6 months may be done with mutual consent of Supplier and Purchaser. The extension beyond 6 months will be done with the approval of Board.

3. Sales Tax/VAT/CST and Excise Duty 3.1. The accepted rate would be exclusive of Taxes on sales of goods leviable under

Central/State Sales Tax/VAT Act(s) and Duty leviable under Central Excise Act, which will be paid extra as legally applicable and payable on the date of supply. The

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purchaser will, however, not be responsible for the reimbursement of any Taxes/Levies paid by the contractor under misapprehension of law.

3.2. The Sales Tax forms for finished sleepers only as applicable to concerned states either

to avail Sales Tax concession or to facilitate entry/movement of the goods in the State, shall be arranged by the consignees and handed over to the supplier.

3.3. The concessional tax regime so far available to the Government Departments has

been withdrawn w.e.f. 01.04.2007. Government Departments will have to pay CST @ normal VAT rates prevalent in the seller’s state for purchase involving inter-state movement of goods.

3.4. However, goods of special importance (called declared goods) as incorporated in

Section 14 of the CST Act will continue to suffer/enjoy concessional rate of tax since State Governments cannot impose tax at higher rates than envisaged in CST Act. Iron and Steel items as listed in Section 14 of CST Act,1956, for instance will suffer CST @2% only.

3.5. The Tenderers should quote the exact percentage of VAT that they will be charging

extra. 3.6. While quoting the rates, tenderer should pass on (by way of reduction in prices) the

set off/input tax credit that would become available to them by switching over to the system of VAT from the existing system of sales tax, duty stating the quantum of such credit per unit of the item quoted for.

3.7. The tenderers while quoting the tenders should give the following declaration:-

“We agree to pass on such additional set off/input tax credit as may become available in future in respect of all the inputs used in the manufacture of the final product on the date of supply under the VAT scheme by way of reduction in price and advise the purchaser accordingly”.

3.8 The suppliers while claiming the payment will furnish the following certificate to the

paying authorities;

“We hereby declare that additional set offs/Inputs tax credit to the tune of Rs.____ has accrued and accordingly the same is being passed on to the purchaser and to that effect the payable amount may be adjusted”.

3.9 Even for contracts where CST is payable, this input tax credit if admissible to the

supplies where the supplier happens to be located in the State in which VAT has been implemented. Accordingly the certificate under Para 3.8 above should also be obtained in all such existing contracts where CST is payable.

3.10 For the states in which the VAT has not yet been introduced, the existing system of

sales tax shall continue.

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3.11 Payment of Excise Duty on freight of input materials (HTS Wire, SGCI Inserts and Special Cement) used in manufacture of concrete sleepers if legally applicable will be reimbursed by the Purchaser.

(a) The assessable value for calculating/paying E.D. is the basic sale price (even

including P&F charge etc.) applicable for the goods as being charged from the buyer. Such sale price will have to include all elements of cost on the inputs including freight etc. As such the E.D. exemption on the freight element of input materials of PSC Sleeper may not be possible, as it becomes a part of the overall sale price of the sleeper being charged from the buyer.

(b) The CENVAT Credit on inputs depend on the ED paid on such inputs. If the ED is

payable or paid on the fright element for such inputs also, then the suitable CENVAT credit should be claimed against ED on freight element and passed on to Railways if excise duty has been paid and claimed for freight reimbursement of these input materials.

4. Raw Material, Machinery and Plant

The responsibility for procurement of all raw materials, machinery and plants required for the manufacture of goods shall rest entirely with the supplier.

4.1 Cement shall be procured by the contractor from the nominated primary/secondary

source and as per the rate, terms and conditions fixed by the Railway with cement suppliers. The contractor shall maintain a reserve buffer stock of cement adequate for 2 months sleeper production.

4.2 HTS Wires shall be procured from the firms who are approved for manufacture of HTS

Wire by Bureau of Indian Standards and possess a current valid BIS License for manufacture of the particular type of wire i.e. 3 x 3 mm strand, 7/7.5 mm plain wire or 9.5 mm dia strand as the case may be.

4.3 SGCI Inserts shall be procured from the firms who are approved by RDSO for the

manufacture of SGCI inserts and whose approval is current and valid. SGCI Inserts can also be procured from ISO certified firms as per guidelines issued vide RDSO’s letter No. QA/CT/INSP/CI/Policy dated 25.08.2008.

4.4 Aggregates shall be procured by the contractor from the RDSO approved sources. 5. Octroi and Entry Tax

Octroi/Entry Tax, if legally leviable, on finished sleepers shall be paid by the purchaser. On input materials, namely, Cement, HTS Wire, SGCI Inserts, etc, octroi, if payable, will be borne by the contractor. However, entry tax on cement, HTS Wire and SGCI inserts wherever applicable shall be borne by the purchaser.

6. Inspection 6.1. Inspection of finished sleepers will be carried out by the Railway nominee of the

concerned Zonal Railways at contractor’s premises. 6.2. Necessary office accommodation for the inspecting staff at the factory will have to be

made available by the contractor free of cost. Necessary transport facilities to and

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from the nearby railway station and rest house accommodation shall be provided free of cost to the inspecting staff by the contractor.

6.3. The contractor shall be required to install and operate all necessary testing equipment

required for testing the sleepers, test cubes, brickets etc. as stipulated in the IRS Specification for prestressed concrete sleepers (Pretension type). The testing equipment for the same must be available at factory site. In addition, the contractor shall arrange at his own cost for any further tests on materials, as may be indicated by the Engineer/Inspecting Officer, to be carried out at recognized Material Testing Centers/Institutes during the progress of manufacture of sleepers; even though, Test Certificates for such materials are available.

6.4. The passed sleepers, for which inspection certificates have duly been obtained, only

shall be allowed to be taken for loading in railway wagons/road vehicles. Any damage to the sleepers in the process of loading in wagons/vehicles or carrying to the loading sites from the contractor’s premises shall be to contractor’s account.

6.5. PSC mono-block concrete sleepers which are treated for surface defects as provided

in the ‘Standard Specification of PSC Line Sleepers’ as amended up to date and provided at Annexure-V of this tender document shall be accepted and payment made @ 92.5% of the standard sleepers.

6.6. The testing of PSC line sleepers and their subsequent acceptance should be in

accordance with the Standard Specifications of PSC line sleepers (IRS T-39-85 – 4Th Revision Aug’ 2011) as amended up to date.

6.7. The production of the concrete sleepers may be suspended in case of non conformities to Specifications/Schedule of Technical Requirement and large scale premature failure of sleepers in track. Railways may order for suspension of the production and direct the manufacturer to identify the defects in the manufacturing process and rectify the same. Production will be resumed once the manufacturer identifies and removes the defects and same is verified by the Zonal Railway and/or RDSO. While resumption of production, Railway may also order for higher scale of testing, till production is stabilized.

6.8. Sleepers used for tests, including abrasion test, and found as per specifications and

drawings shall be paid for by the Purchaser at accepted rates. Such sleepers paid for shall remain the property of the Purchaser and will be disposed of in the manner prescribed by the Purchaser from time to time.

6.9. Existing system of inspection in respect of SGCI inserts by RITES will continue.

RITES will charge only 0.45% & Service Tax as applicable towards the inspection charges and the same will be borne by Supplier CSPs. Besides regular inspection by RITES, Rly officials will also conduct the inspections prescribed in Railway Board’s letter no. 98/TK-II/22/11/17/Pt. Policy, dtd. 11.08.2003.

6.10. Existing system of inspection in respect of HTS wire by AIE will continue. In

addition to this, periodical test checks by a JA grade officer to be stipulated by the Chief Engineer of the Zonal Railway shall also be carried out.

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7. Modification to Design In case purchaser, at any stage, during the currency of the contract, decide to make minor modifications to the design of PSC Sleeper, the supplier shall modify the moulds, manufacturing process, etc. to suit such minor modifications. The cost of such modifications will be negotiated and mutually settled and will be paid by the purchaser. Modifications of moulds to suit RDSO Drg T-7013 shall also be governed by this clause.

8. Security Deposit 8.1. The contractor shall make a security deposit with the FA&CAO of Paying Railway,

within fourteen days of communication of acceptance of offer by the purchaser, for an amount equal to 10% of the contract value subject to a maximum of Rs. 20 Lacs (Rupees Twenty Lacs only) in the form of the following :

(i) Government securities at 5 per cent below the market value; (ii) Deposit Receipts, Pay orders, Demand Drafts of the State Banks of India or any of

the Nationalized Banks. (iii) Irrevocable Guarantee Bonds of the State Bank of India or any of the Nationalized

Banks. (iv) Deposit Receipts, Pay orders, Demand Drafts and irrevocable Guarantee Bonds

issued by all Nationalized/Scheduled Commercial Banks. Bank Guarantee will be valid upto a minimum period of 6 months beyond the final date of delivery. The proforma for Bank Guarantee will be supplied by the FA&CAO of Paying Railway.

(v) A deposit in the Post Office Saving Bank. 8.2. In case the supplier fails to make the security deposit by submitting the requisite bank

guarantee within the above stipulated time limit, it will be lawful on the part of the purchaser to take action as per clause 0502 of the IRS Conditions of Contract.

8.3. Security deposit should remain valid for a minimum period of 60 days beyond the

date of completion of all contractual obligations of supplier. 8.4. In case of any shortfall against ordered quantity, full amount of Security Deposit will

be forfeited besides imposition of due liquidated damages as per provisions of the special conditions of the contract. In terms of IRS clause no. 2403, Security Deposit against this contract may also be withheld/retained against the dues of other contracts. The security deposit, if not adjusted fully or partly towards any breach of contract or default on the part of supplier, will be released by the Zonal Railway after three months of the date of expiry of the delivery period after verification for due fulfillment of the supplies ordered within the currency of the delivery period of the contract.

9. Dispatch 9.1. The consignee instructions and booking orders will be given by the Executive

Director, Track(M), Ministry of Railways (Railway Board) or his nominee. 9.2. On placement of railway wagons or road vehicles as arranged by the purchaser at the

works siding, the contractor will load the passed sleepers at his cost within the specified loading time. The loading pattern shall be as per drawing approved by the

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Purchaser. Hard wood battens of 50 x 50 mm section shall have to be provided free of cost by the contractor at both rail seats of each sleeper on every successive layers loaded in wagons or road vehicles, but contractor shall be at liberty to collect the wooden packing at destination at his own cost; and no claim of shortage or damage would be entertained by the purchaser.

9.3. The contractor shall arrange loading promptly and any payment of demurrage charges

on account of delay in loading shall be to the contractor’s account. A dispatch certificate indicating the number of sleepers taken over, their category and batch number, etc. of sleepers loaded into wagons/vehicles may be obtained from the consignor authorized by the Executive Director, Track(M), Ministry of Railways (Railway Board) or his nominee. Such certificate shall be admitted for the purpose of payments.

9.4. The responsibility for damages or losses en route will be to the account of the

purchaser only for consignment booked against clear RRs or against certificates as per clause 9.3 above.

10. Delivery Schedule 10.1. The production shall commence within one month from the date of unconditional

acceptance of counter offer. Thereafter, the ordered quantity shall be supplied during the delivery period of two years maintaining a uniform schedule to be monitored over 4 month periods w.e.f. the date of commencement of supplies as per contract. The Purchaser also has the right to defer deliveries (i.e. slow down supplies). The Purchaser shall also have the right to enhance delivery period upto 6 months on the same rates, terms and conditions at its sole discretion. Further extension, beyond 6 months may be done with mutual consent of Supplier and Purchaser. The extension beyond 6 months will be done with the approval of Board.

10.2. Notwithstanding the uniform schedule of delivery, actual supplies will be regulated by

the purchaser through release orders to be issued by Railway Board and consignee instructions to be issued by Zonal Railways as per its actual requirement. The monthly schedule can be altered by slowing down the rate of production by the purchaser by giving 3 months notice. In case the supplies are slowed down, delivery period will be extended accordingly. Increase in monthly schedule will be with mutual consent. Failure to make supplies as per the schedule fixed in advance will attract Liquidated Damages as per clause 11 below.

10.3. If the contractor fails to deliver the store within the delivery period as per contract or

as extended or at any time repudiates the contract before the expiry of such period due to any circumstances whatsoever, save as provided in Clause 10.4 and force majeure Clause 17, the purchaser reserves the right to cancel the contract for the balance quantity in whole or in part and recover from him the liquidated damages as per Clause 12. If, however, the stores are accepted after the expiry of the period fixed for delivery, the purchaser may grant an extension of the delivery period at its sole discretion, subject to the following conditions:

(a) That the purchaser has the right to recover from the contractor the liquidated

damages in terms of clause 0702 of IRS Conditions of Contract on the stores, which the contractor has failed to deliver within the period fixed for delivery;

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(b) That no increase in price on account of any statutory increase in or fresh

imposition of Customs Duty, Excise Duty, Sales Tax, Freight Charges or on any account of any other tax or duty leviable in respect of the stores specified in the contract, which takes place after the date of delivery period stipulated in the said Acceptance of Tender shall be admissible on such of the said stores as are delivered after said date;

(c) That notwithstanding any stipulation in the contract for increase in price on any

other grounds no such increase which takes place after the delivery date stipulated in the contract shall be admissible on such of the said as are delivered after the said date;

(d) But nevertheless the purchaser shall be entitled to the benefit of any decrease in

price on account of reduction in or remission of Customs Duty, Excise Duty, Sales Tax or on account of any other ground which takes place after the expiry of the above mentioned date namely the delivery date stipulated in the contract. The contractor shall allow the said benefit in his bills or in the absence thereof shall certify that no decrease in price on account of any of these factors has taken place.

10.4. Delay in dispatch of sleepers for want of BFRs/Wagons beyond 15 days of passing by

the Inspecting Authority shall be considered for the purpose of extension of time by the Railway.

11. Liquidated Damages for Delays in Supplies During Delivery Period

In case of failure on the part of the supplier to arrange supplies as per the schedule fixed in advance, save force majeure conditions and/or delays attributable to the railways, the purchaser reserves the right to cancel the quantity in deficit at the end of monitoring periods i.e. every four month and recover from the defaulting contractor a sum equivalent to five percent of the cost of sleepers which have remained unsupplied. The shortfall in supplies due to default by the contractor may be made good by arranging equivalent supplies from alternate sources. The recovery of five percent as detailed above will be effected only when, Zonal Railway cancel the quantities in deficit at the end of monitoring period. In case, Zonal Railway do not cancel the quantities in deficit at the end of monitoring period, the supplier will be entitled to recoup the shortfall in subsequent monitoring period(s).

12. Liquidated Damages for Failure to Complete Supplies Within Delivery Period or

Termination of Contract The Liquidated damages in pursuance of clause 0702 of IRS Conditions of Contract along with LD specified in para 11 above will be limited to a maximum of 5% of the cost of stores which the contractor fails to deliver within the period fixed for delivery in the contract or as extended, where delivery of the store is accepted after expiry of the aforesaid period. In case, the delivery of the store is not accepted by the purchaser after expiry of the period fixed for delivery in the contract or as extended or the contract is terminated before expiry of the contract due to failure of the contractor to execute the contract as per the agreed terms and conditions of the contract during it’s currency, the liquidated damages equivalent to 5% of the cost of sleepers undelivered/cancelled would be recovered from the contractor.

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13. Price Variation Clause 13.1. The accepted rate will vary in accordance with the price variation formula as detailed

below in clause 13.2 to take into consideration variation in prices during execution of contract. Price variation will be worked out by taking into consideration the Indices/basic rates for the month of production.

13.2. Price Variation Formula

P1 = Po/100 (5 + 31 I1/ Io + 23 L1/ Lo + 25 F1/ Fo + 16 W1/ Wo) + H1 + C1 Where P1 = Updated cost of sleeper Po = Accepted Cost Net of CENVAT - (Ho + Co) I1 = WPI for Pig Iron during Production Month as per Economic

Advisor, Ministry of Industry web site http://eaindustry.nic.in./ (1+ Excise Duty Rate of Pig Iron during Production Month)

Io = WPI of pig iron during Tender Opening Month as per Economic Advisor, Ministry of Industry web site http://eaindustry.nic.in. / (1 + E.D. Rate of Pig Iron during the Tender Opening Month)

L1 = All India Consumer Price Index for Industrial Labour during Production Month, as per Labour Bureau, Ministry of Labour web site http://labourbureau.nic.in.

Lo = All India Consumer Price Index for Industrial Labour during Tender Opening Month, as per Labour Bureau, Ministry of Labour web site http://labourbureau.nic.in

F1 = WPI for Fuel & Power for Production Month as per Economic Advisor, Ministry of Industry web site http://eaindustry.nic.in

Fo = WPI for Fuel & Power for Tender Opening Month as per Economic Advisor, Ministry of Industry web site http://eaindustry.nic.in

W1 = WPI for All Commodities during Production Month as per Economic Advisor, Ministry of Industry web site http://eaindustry.nic.in.

Wo = WPI for All Commodities during Tender Opening Month as per Economic Advisor, Ministry of Industry web site http://eaindustry.nic.in.

Ho = 10.77 x Basic price per kg of Rashtriya Ispat Nigam Limited, Visakhapatnam, ex- Visakhapatnam for High Carbon Wire Rod (7.0 mm grade PC 115) + CST chargeable by RINL, during Tender Opening Month

H1 = 10.77 x Basic price per kg of Rashtriya Ispat Nigam Limited, Visakhapatnam, ex- Visakhapatnam for High Carbon Wire Rod (7.0 mm grade PC 115) + CST chargeable by RINL, during Production Month

C1 = 59.12 x Basic Cement Cost Per Kg + CST during Production Month (irrespective of source of procurement).

Co = 59.12 x Basic Cement Cost Per Kg + CST during Tender Opening Month

http://eaindustry.nic.in/


http://labourbureau.nic.in/

http://labourbureau.nic.in/





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13.3. CENVAT

In the event of ‘CENVAT’ credit being extended by the Government of India to more items than those already covered, the firm should advise the purchaser about the additional benefits accrued or any variation thereof, through a letter containing the following certificate, as may be considered necessary by the purchaser.

“We hereby declare that we can avail additional duty set-offs as per latest CENVAT Scheme in force now and we hereby give a reduction of ….. per unit and agree to revise the prices indicated in the order. The current excise duty of ………% is payable on the reduced price. Therefore, we request you to amend the order accordingly.”

13.4. VAT Credit to be passed on to the purchaser

Total VAT Credit to be passed on to the purchaser will be

V = N1 x VC + N2 x VH + N3 x VI + N4 x VO Where N1 = Number of Sleepers produced by procuring cement from within the

State during the month. N2 = Number of Sleepers produced by procuring HTS Wire from within the

State during the month N3 = Number of Sleepers produced by procuring SGCI Inserts from within

the State during the month N4 = Number of Sleepers produced by procuring Aggregate from within the

State during the month

VAT Credit for Cement Per Sleeper = VC Cb = 59.12 x Basic Cement Cost Per Kg during the production month

Vc = (Cb+ED on Cb) x CST rate on cement during production month (to be passed to purchaser if the approved source is within the State in which plant is situated. In case approved source of cement is outside the State Vc will be Zero).

VAT Credit for HTS Wire Per Sleeper = VH

Hb = 10.77 x Basic price per kg of Rashtriya Ispat Nigam Limited, Visakhapatnam, ex- Visakhapatnam for High Carbon Wire Rod (7.0 mm grade PC 115)

VH = (Hb +ED on Hb) x CST Rate on HTS during production month

VAT Credit for Inserts Per Sleeper = VI

= (0.51 x Po/100)x (5 + 31 I1/ Io + 23 L1/ Lo + 25 F1/ Fo + 16 W1/ Wo) x ( 1+ ED Rate on Inserts) x CST rate on Inserts, during Production Month

VAT Credit for Aggregate Per Sleeper = Vo

= 0.07 x Po x W1/Wo x VAT on Aggregate during Production Month

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VAT benefit shall be calculated on monthly basis and should be accounted for in Price Variation claim.

Documentary proof of the rates of VAT payable, will be verified before such payments are made.

13.5. In order to avoid blockage of funds till final escalation is worked out and paid on the basis of indices for the month of production, the accepted price will be updated every six months as per the above formula for escalation. First updating shall be done on the basis of indices for the month of acceptance of tender as soon as confirmed indices for the month of acceptance are available. Payment for the supplies made shall be done at the latest updated price. The updated price will also include the payment towards reimbursement of freight in transportation of various input materials as per the formula in Clause 14 below.

14. Payment of Freight on Input Materials 14.1. In addition to the accepted rate, the cost of transportation of Inserts, HTS Wire and

Cement shall be reimbursed extra as under:

Freight = Freight (Cement) + Freight (Inserts) + Freight (HTS)

Freight (Inserts) = Irrespective of location or number of sources from where this item is procured, Railway freight for wagon load classification during the month of production from the nearest live source (which is in production and capable of supplying the required quantity) of SGCI Inserts if the material is drawn from the nearest source and if not from the nearest source, the actual freight or the Average freight of the nearest two sources whichever is lower through the shortest possible rail route, irrespective of actual size of the consignment. If Railway feels that it is necessary to procure the material from the 3rd nearest source then the freight reimbursement shall be the actual freight or the average freight of the nearest source and 3rd nearest source, whichever is lower. In case the material is transported by Road then the method of lead calculation will be as outlined above, but reimbursement shall be made maximum upto 150% of relevant rail tariff or actual Road freight, whichever is lower.

Freight (HTS Wire) = Irrespective of location or number of sources from where this item is procured, Railway freight for wagon load classification during the month of production from the nearest live source (which is in production and capable of supplying the required quantity) of HTS Wire if the material is drawn from the nearest source and if not from the nearest source, the actual freight or the Average freight of the nearest two sources whichever is lower through the shortest possible rail route, irrespective of actual size of the consignment. If Railway feels that it is necessary to procure the material from the 3rd nearest

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source then the freight reimbursement shall be the actual freight or the average freight of the nearest source and 3rd nearest source, whichever is lower. In case the material is transported by Road then the method of lead calculation will be as outlined above, but reimbursement shall be made maximum upto 150% of relevant rail tariff or actual Road freight, whichever is lower.

Freight (Cement) = Railway freight for rake/wagon load classification during the

month of production from the nearest approved source of Cement as fixed by the Railway through the shortest possible rail route. In case special cement is transported by road, reimbursement shall be made maximum upto 150% of relevant rail tariff or actual Road freight, whichever is lower. Wherever, at destination, cement is required to be transported by road from the rail unloading point (nearest cement booking station) to CSP and road lead is more than 5 Km, freight for this portion will also be reimbursed as per actual road freight or @ 150% of the corresponding rail freight for the distance between rail unloading point (nearest cement booking station) and CSP, whichever is lower.

14.2. For calculating freight under clause 14.1 above, following weight of input materials

shall be considered: a) Cement 53.75 kg per sleeper b) HTS Wire 8.9 kg per sleeper

c) SGCI Inserts 6.2 kg per sleeper 14.3. Total freight as calculated above shall be added to the accepted rate immediately after

the acceptance of tender on the basis of freight applicable for the month of opening of tender. Further change in freight shall be accounted for at the time of updating/escalation.

15. Payments 15.1. The time to time interim payment towards supply of finished goods shall be made at

the updated rate inclusive of freight. The final payment would be made as per Escalated/De-escalated rate worked out on the basis of Price Variation Clause (Clause 13) and Freight as per Clause 14. All payments will be made by the FA& CAO of the Zonal Railway on submission of bills in accordance with the procedure as detailed below:

15.2 90% of the price of each consignment will be paid after the PSC sleepers are

inspected and passed by the Purchaser on execution of Indemnity Bond (as per enclosed proforma) (Annexure VI) for an equivalent amount by the contractor. In such cases of 90% advance payments, a copy of the Inspection Certificate shall be enclosed with the bills. The contractor may submit the Indemnity Bond for 90% of the

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contract value in one go in lieu of submitting several Indemnity Bonds for 90% of value of each inspected consignment.

15.3 Balance 10% of the price of each consignment will be paid on proof of dispatch and

on submission of Indemnity Bond (as per enclosed proforma) (Annexure VII) for 25% of the value of stores supplied covering the warranty period as per warranty clause. The contractor may submit the Indemnity Bond for 25% value of the entire value of the contract in one go in lieu of submitting several Indemnity Bonds for 25% of each consignment. Consignor’s Certificate shall be enclosed with 10% bills. In case, 90% payment as laid down in clause 15.2 above is not sought, 100% of the price of each consignment will be paid on proof of dispatch of stores and on submission of Indemnity Bond.

15.4 PSC mono-block concrete sleepers which are treated for surface defects as provided

under Clause 4.7.3 of the ‘Standard Specification of PSC Line Sleepers’ as amended up to date and provided at Annexure-V of this tender document shall be accepted and payment made @ 92.5% of the standard sleepers.

15.5 All payments shall be subject to the deduction of any amount for which the Contractor

is liable under this contract or any other contract in respect of which the President of India is the Purchaser and any other deductions as are legally leviable as per Indian laws.

16. Progress Report The Contractor shall submit monthly progress report on production, supply, inspection, rejection and on stocks of principal raw materials to the Paying Railway as per enclosed proforma (Annexure X) by 1st of the following month and also furnish stock position of principal raw materials and any other particulars relating to the contract when called for.

17. Force Majeure

In the event of any unforeseen event directly interfering with the supply of stores arising during the currency of the contract, such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, acts of public enemy, acts of God, the contractor shall within a week from the commencement thereof notify the same in writing to the purchaser with reasonable evidence thereof.

If the force majeure condition(s) mentioned above be in force for a period of 90 days or more at any time, the purchaser 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 damages shall be claimed by either party against the other save and except those which had accrued under any other clause of this agreement prior to such termination.

18. Option for the variation of quantity of order 18.1 Without prejudice to purchaser’s right as laid down in clause 10.3 and 11 above, the

purchaser, at its sole discretion, reserves the right to vary the contract quantity by + 30% without assigning any reason at price, terms and conditions of the initial orders during

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the currency of the contract. This clause shall be operated with the approval of the General Manager at the Zonal Railway’s level.

18.2 In case of default by any contractor in the form of shortfall in supplies, General Manager

of the concerned Zonal Railway, at his sole discretion may increase the contract quantity at mutually agreed reduced rate arrived through negotiations with other terms and conditions same as that of initial order during the currency of the contract. This increase would be in addition to 30% quantity referred to in clause 18.1 and would be limited to further 30% of the ordered quantity. Quantity beyond 60% of the initial order shall be increased by Board as per requirement.

19. Warranty 19.1. The contractor guarantees that the PSC Sleepers which he supplies shall be

manufactured fully in accordance with specifications. In all cases, the contractor guarantees that its design shall strictly follow the “as made” detailed drawing with such modifications as are notified in respect of each type.

19.2. The contractor further guarantees that the PSC sleepers shall be free from defects in

material and workmanship. The contractor shall be liable to arrange the necessary replacements of the defective sleepers free of any charge only to the extent that such replacements are attributable to or arise from faulty workmanship or material or design in the manufacture of the sleepers. All replacements shall be made free of cost at destination. If the contractor so desires, the replaced sleepers can be taken over by him for disposal as he deems fit, within a period of three months from the date of receipt of the replacement of defective sleepers by the purchaser. At the expiry of this period, no claim in this respect shall lie on the purchaser.

19.3. The guarantee herein contained shall not apply to any material which shall have been

repaired or altered by the Purchaser, or on his behalf in any way so as to effect its strength, performance or reliability, or to any defect to any part due to misuse, negligence or accident.

19.4. The guarantee herein contained shall expire in respect of each sleeper on the expiry of

10 years from the date of the manufacturing except in respect of defects notified to the contractor prior to the expiry of such date. Provisions of IRS T-39 in this regard shall also be applied.

19.5. All replacements that the purchaser shall call upon the contractor to deliver under this

guarantee shall be delivered by the contractor within 60 days from the date of intimation of such rejection of defective sleepers. If the contractor fails to replace the defective sleepers within the said period, the cost of the said sleepers at the rate stipulated in the contract shall be recovered from the payments due to the contractor.

19.6. Any approval of acceptance by the purchaser of the sleepers or of the materials,

incorporated therein shall not in any way limit the contractor’s liability hereunder. 19.7. The decision of the purchaser in regard to contractor’s liability under this guarantee

shall be final and conclusive.

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20. Book Examination The book examination as per IRS condition shall apply in toto. The purchaser reserves the right to carry out the book examination at its discretion at any stage during the currency of the contract. In case book examination clause is invoked, required facilities to the team conducting book examination will be provided by the contractor in his premises.

21. Licensing of Railway Land 21.1. Licensing of Railway land required either for setting up a factory or stacking of

sleepers near to the siding to the extent available and surplus to Railway’s requirement will be dealt with under normal Railway rules prevalent from time to time.

21.2. The land so licensed out to the contractor shall remain in his possession during the

currency/extended currency of the contract. The contractor will not have the right to subject, assign or mortgage the land licensed to him.

22. Loading Loading of concrete sleeper in railway wagon shall be permitted in goods sheds or other available sidings at works station. Wherever siding facilities are available, the same should be utilized for the purpose of loading of the sleepers by the contractor. If the siding facilities are not existing, the same would be provided by the Railways unless ordered otherwise to facilitate loading of sleepers to the extant considered necessary by the Railways. No placement for siding charges shall be leviable for such siding facilities in both the cases. Necessary permission for erecting gentries adjacent to the sidings (other than good sheds) shall also be accorded by the Railways. Loading shall be arranged by the contractors at his own cost. Till siding is provided, contractor, at his own cost, shall arrange to load sleepers in road vehicles arranged by the purchaser as detailed in clause 9.2.

23. Laws Governing The Contract 23.1. This Contract shall be governed by the Laws of India being in force.

23.2. Irrespective of the place of delivery, the place of performance or the place of payment under the order, the order shall be deemed to have been made at the place from where the acceptance of tender has been issued.

24. Arbitration

Arbitration clause as provided for vide clause 2900 of IRS conditions will be applicable to settle the disputes. 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.

25. Jurisdiction of Courts

The Courts of the place from where the tender documents and acceptance of tender has been issued shall alone have jurisdiction to decide any disputes arising out of or in respect of the order.

26. Indian Railways Standard Conditions of Contract as amended up-to-date, Indemnity

Bond Proforma, Special Indemnity Bond proforma, Indian Railways Specifications T-39 for Prestressed Concrete Sleepers pre-tensioned type (Broad Gauge) as amended

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from time to time, Schedule of Technical Requirement as applicable from time to time, Drawings for wagon loading arrangements, IRS Specifications, IS:12269/1987 with amendment No. 6 of June 2000 for Special Cement and IS-1785 Pt.I, IS 6006/1983 for HTS Wire plain and strand and T-46/1996 for SGCI Inserts as amendment up-to-date respectively will form part of the tender document to the extent they are not superseded by the above provisions.

* * *

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ANNEXURE V

GOVERNMENT OF INDIA MINISTRY OF RAILWAYS

(RAILWAY BOARD)

INDIAN RAILWAY

STANDARD SPECIFICATION

FOR PRE-TENSIONED PRESTRESSED CONCRETE SLEEPERS

FOR

BROAD GAUGE AND METRE GAUGE

SERIAL NO. T-39-85

(FOURTH REVISION – Aug’ 2011)

RESEARCH DESIGNS AND STANDARDS ORGANISATION LUCKNOW – 226011

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CONTENTS Para No. Description 0. Foreword 1. Scope 2. General 3. Material 3.1 High tensile steel 3.2 Cement 3.3 Aggregate 3.4 Water 3.5 Concrete 3.6 SGCI Insert 4. Manufacture 4.1 Mould 4.2 Stretching of wire 4.3 Mixing & consolidation of concrete 4.4 De-tensioning 4.5 Curing 4.6 Supervision 4.7 Finish 4.8 Stacking 4.9 Lot 5. Inspection and testing 5.1 General 5.2 General 5.3 Checks and Test 5.3.1 General 5.3.1.1 Visual and dimensional check 5.3.2 Casting of cubes 5.3.3 Method of testing 5.3.4 Compressive strength of cube at transfer of

prestress 5.3.5 Compressive strength of cube at 15 days 5.3.6 Modulus of rupture of beam at 15 days 5.3.7 Static bending strength of sleepers 5.3.7.1 Method of testing 5.3.7.2 Acceptance test 5.3.7.3 Acceptance of lot 5.3.7.4 Retest 5.3.8 Measurement of Electrical resistance 5.4 Competency certificate 6 Stamping and marking 7 Loading and dispatch 8 Guarantee

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INDIAN RAILWAY SPECIFICATION FOR FOR PRE-TENSIONED PRESTRESSED CONCRETE SLEEPERS

(BROAD GAUGE AND METRE GAUGE)

SERIAL NO. T-39-85 (FOURTH REVISION – Aug’ 2011)

0. FOREWORD 0.1 This standard specification (First revision) was adopted by the

Indian Railways in May 1985 after the draft was finalized by the Sub-committee of Track Standards Committee.

0.2 The last revision (Third Revision) was adopted by the Indian

Railways in May 1996. 0.3 The present revision (Fourth Revision) has been taken up with a

view to incorporate modifications found necessary as a result of use of the specification both by the manufacturer and user.

0.4 The significant modifications incorporated in this revision are as

follows:- 0.4.1 The specification has been revised to permit use of both M55 &

M60 grade of concrete and relevant values for M60 grade concrete have been incorporated.

0.4.2 Additional relevant tests on aggregates have been added. 0.4.3 All Correction slips (upto Correction slip no. 4) issued till date

have been incorporated. 0.4.4 Clauses regarding concrete and method of casting and testing of

cubes for mix design are revised. 0.4.5 Guarantee Clause has been revised. 0.4.6 Clause on ‘Re-test’ has been modified. 0.4.7 Flow chart of Static Bending Test procedure has been revised

and is attached as Annexure-IV. 0.4.8 List of specifications needed for daily use and referred to in this

specification has been updated in Annexure-VI.

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1. SCOPE 1.0 This specification covers the manufacture and supply of pre-

tensioned pre-stressed concrete sleepers for broad gauge and meter gauge. For production of PSC sleepers through long line method, manufacturer shall approach RDSO for specific dispensations, wherever required and these dispensations will be considered by Track and Quality Assurance Directorate of RDSO.

2. GENERAL

2.1 The manufacture of sleepers shall be to the Purchaser’s drawing or to drawings approved by the Purchaser and the production shall commence with the prior approval of the Inspecting Officer. Any subsequent change in material or production technique shall require prior approval of Inspecting Officer.

2.2 The reference to IRS specifications and drawings in this specification relates to the latest version of these standards as amended from time to time. The provisions of this specification shall override the corresponding provisions of IS: Specifications. Any special requirements given in the drawings of the sleepers will override the relevant provisions of the specification. Annexure-I shows the list of specifications required for manufacturing of sleepers.

3. MATERIALS

3.1 High Tensile Steel 3.1.1 High tensile steel in the form of plain wire or strand shall

conform to IS: 1785 Part-I and IS: 6006 respectively. It shall be procured only from BIS approved manufacturers who shall furnish the proof of approval by BIS with the first consignment during the currency of approval and for each fresh approval. Each consignment of high tensile steel must be accompanied by a test certificate showing the serial no. of coils. Each coil shall carry a tag in accordance with the IS specifications mentioned above. In addition to the normal tests stipulated in the IS specifications for every consignment, results of “relaxation test” shall also be furnished once in six months. In case of change of source the first test certificate shall include “relaxation test” results also.

The steel shall be used for production only after ascertaining that it meets the provisions of relevant specifications.

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3.1.2 Whenever directed by the Inspecting Officer, the manufacturer shall get the steel in stock tested at his own cost.

3.2 Cement 3.2.1 Cement shall conform to IS-12269: 1987 with amendment No.6

of June 2000. 3.2.2 Each consignment of cement shall be covered by a test

certificate. Each consignment shall be stocked separately, tested in the laboratory of the plant immediately for all relevant properties and shall be clearly identified. Cement more than 3 months old, if free from lumps, shall be tested for physical properties by an independent government approved laboratory or as directed by the Inspecting Officer and may be used after his approval.

3.2.2.1 The Inspecting Officer has the right to have the cement in stock

tested at any time at the cost of manufacturer. 3.2.2.2 In case the source of supply of cement is changed, the mix

design shall be reviewed and modified, if necessary. 3.2.3 The cement content of the mix shall not be less than 350 kg/cu.

m. and not more than 480 kg/cu.m. for M55 & 500 kg/cu.m. for M60.

3.2.4 Super Plasticizer conforming to IS: 9103 may be used with the

prior approval of RDSO. At this stage the revised concrete mix design shall also be submitted to RDSO for approval. However, following shall be observed:

3.2.4.1 Use of any admixture containing chloride in any form is prohibited. 3.2.4.2 Generally one admixture at a time should be used. 3.2.4.3 Shelf life should be monitored continuously. 3.2.4.4 All containers should be correctly leveled. Reliable liquid

dispenser for liquid admixtures should be used and calibrated. 3.2.4.5 The admixture containing Cl and SO3 ions shall not be used.

Admixtures containing nitrates shall also not be used. Admixture based on thiocynate shall be prohibited.

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3.3 Aggregates

3.3.1 The aggregates shall conform to IS: 383 and shall, before use, be got tested through an approved testing institute, and results submitted in accordance with Appendix ‘A’ of IS: 383 to the Inspecting Officer for approval. These tests shall be got done at the manufacturer’s cost once in a year or at the time of approval/review of mix design or as desired by inspecting official. The aggregates shall have maximum 30% abrasion and maximum 30% impact value suitable for wearing surfaces when tested in accordance with IS:2386 (Part-IV). The flakiness index and elongation index shall not exceed 30% when tested in accordance with IS: 2386 (Part-I).

3.3.2 Coarse and fine aggregates shall pass sodium or magnesium sulphate accelerated soundness test specified in IS: 2386 (part V)-1963.

3.3.3 Aggregates shall not contain harmful material such as pyrites, coal, lignite, mica shale or similar laminated material clay, alkali soft fragments, sea shells and organic impurities in such quantity as to affect the strength for reinforced concrete shall not contain any material liable to attack steel reinforcement. Maximum limit of deleterious material in aggregates should conform IS: 383 when tested in accordance with IS: 2386-1963.

3.3.4 Aggregates which are reactive with alkalies of cement are

harmful as cracking of concrete may take place. Potential reactiveness of aggregates shall be tested as per IS:2386 (part VII)-1963.

3.3.5 Coarse aggregates shall be crushed stone, angular in shape and

gravel shall not be used. 3.3.6 Different sizes of aggregates shall be stacked in different storage

bins or stock piles on proper hard floor surface. The bins near batching plant must be located under a covered shed to avoid any chance of raw material getting wet due to rains. Alternatively, auto sensors may be used to record the moisture content in the aggregate along with auto mechanism for adjusting water to be added to concrete in the weigh batcher.

3.4 Water 3.4.1 Water to be used in making and for curing concrete shall

conform to IS: 456. However use of sea water is prohibited. 3.4.2 If water needs any treatment before use, adequate storage of

treated water for daily requirement shall be made. Facilities for testing treated water shall be provided in the plant. Treated

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water shall be tested daily or as directed by the Inspecting Officer.

3.4.3 The total water content per batch shall be regulated with conform

with the ratio by weight of free water to cement required for the particular design mix as established by preliminary tests. The total water content of a batch includes:

(a) Absorbed water in the aggregates; (b) Free water in the aggregates; and (c) Free water added to the mix.

3.4.3.1 The water to be mixed at the mixer shall be free water content

required per batch less the amount of free water in the aggregates, if wet, or plus the amount of water the aggregates will absorb, if dry. Free moisture content shall be determined at least once a day.

3.5 Concrete 3.5.1 The concrete shall be of controlled quality with the nominal

maximum size of aggregates limited to 20mm. Where wire spacing permits, aggregates upto 25mm may be used. The manufacturer shall get the concrete mix design along with the upper and lower limits of granulometric curves approved by the Inspecting Officer.

3.5.1.1 The granulometric curves shall be plotted on semilog graph

once in a week and shall be between the approved limits. 3.5.1.2 Coarse and fine aggregates shall be batched separately. 3.5.2 The concrete shall satisfy the following design parameters: i) Minimum release strength after 40 N/sq.mm(For Mix M-55) steam curing 40N/sq.mm(For Mix M-60) ii) 15 days characteristic strength 55 N/sq.mm (For Mix M-55) after water curing 60 N/sq.mm (For Mix M-60) iii) Percentage of cubes with strength Not more than less than the characteristic strength 2.5% iv) Co-efficient of variation Less than 7% 3.5.3 At the time of approval/review of mix design, 80 cubes shall be

cast, using materials proposed for regular manufacture, in 10

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batches of 8 cubes each, 4 for steam curing and 4 for water curing.

3.5.3.1 All the 40 cubes cured according to the proposed steam curing cycle shall attain the specified minimum release strength.

3.5.3.2 The statistical analysis of the compressive strength values of the

40 water cured cubes shall satisfy the design parameters of clause 3.5.2 (ii), (iii) & (iv).

3.6 SGCI Inserts

3.6.1 SGCI inserts shall conform to IRS Specification No.T-46-1996 as amended up-to-date and will be procured only from RDSO approved manufacturers. Each consignment of SGCI inserts shall be accompanied by a test certificate from inspecting agency for inspection conducted prior to dispatch of consignment from supplier’s premises.

3.6.2 Whenever directed by the inspecting official, the sleeper

manufacturer shall get the SGCI inserts in stock tested at his own cost.

4. MANUFACTURE

4.1 Moulds

Moulds shall be of steel with minimum plate thickness of 10 mm in Rail seat area as well as for end plates. For other locations minimum plate thickness is to be 6 to 8 mm. Moulds shall be of rigid construction so as to prevent any in-service distortions. Moulds shall not allow any appreciable leakage of cement mortar in casting. The holes in the end plates shall be accurately drilled for correct placement of prestressing wires.

4.2 Stretching of wires

The prestressing wire shall be stretched either individually or collectively by an approved method. The tensioning force shall be as shown on the sleeper drawing. The final force to be adopted, duly considering the losses while stretching shall be approved by the Inspecting Officer. However, the stretching force shall in no case exceed 75% of the minimum specified UTS of the wire. The pre-tensioning force in the wire shall be applied by a tensioning device equipped with automatic load cut off unit along with measuring gauge. The final force shall also be verified by measuring the extension of the wire.

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4.3 Mixing and consolidation of concrete

4.3.1 Manufacture of sleepers shall be done under a shed.

4.3.2 Batching of different ingredients shall be done by weight only. A modern, mechanized, or automatic weigh batcher shall be used for weighing aggregates and cement. The weigh batcher shall have an accuracy of +/- 3%.

4.3.3 Modern high speed mixer, pan, turbine or any other suitable type, approved by the Inspecting Officer shall be used for mixing concrete. Concreting shall commence within 2 hours of stressing of wires, failing which the HTS wires shall be checked and re-tensioned, if necessary.

4.3.4 Concrete shall be thoroughly mixed and consolidated by means of vibrators of at least 9000+4% revolutions/minute. The vibrator should normally be fixed at the bottom of the mould, at least at two different locations for a sleeper. Any other vibration system should have prior approval of RDSO.

4.3.5 Freshly cast sleepers shall be protected during the first stage of hardening from adverse weather conditions.

4.4 De-tensioning of wires

Anchoring system shall provide a device for gradual de-tensioning of the wires. Back pulling of wires for releasing any wedge shall be strictly prohibited. De-tensioning of wires shall be undertaken only after the concrete has attained a compressive strength of 40 N/sq.mm.

4.5 Curing

4.5.1 Initial curing of concrete sleeper shall be done by steam at atmospheric pressure till the concrete attains a compressive strength of 40 N/sq.mm. Pre-steaming period shall not be less than the initial setting time of cement. Steam curing cycle shall have the prior approval of the Inspecting Officer.

4.5.2 After de-tensioning, the sleepers shall be cured for a further

period of not less than14 days (as per mix design) by submerging in water. Water used for curing should conform to the quality prescribed for water to be used for concrete mix.

4.5.3 Each steam chamber in stress bench method or production line

in long line method shall be attached with a separate digital thermal sensor, temperature shall be recorded continuously and record shall be maintained.

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4.6 Supervision 4.6.1 Suitably qualified persons as per Schedule of Technical Requirement

shall be engaged by the manufacturer for supervising the following items at the works:

i) Placing and stressing of prestressing wire; ii) Batching, mixing, placement and compaction of concrete.

Checking of the steam curing arrangement for its adequacy.

iii) De-moulding of sleepers, water curing, stacking/ loading

etc. iv) Inserts shall be checked by suitable jigs before use by the

manufacturer.

v) Testing of cement, cement mortar cubes, concrete cubes, concrete beams;

vi) Calibration of testing and measuring equipment and

different gauges;

vii) Checking electrical resistance of sleepers. 4.6.2 Supervisor so engaged shall maintain records as directed by the

Inspecting Officer and shall present them for scrutiny when demanded.

i) A site register shall be maintained in which inspecting

officer shall record observations against which compliance will be recorded by the supervisor.

ii) Suitable records as per Schedule of Technical

Requirement shall be maintained in such a manner that it can be correlated at a later date to the sleeper laid in field.

4.7 Finish 4.7.1 All sleepers shall be free from surface defects such as water retaining

pockets, air holes or honey combed formations. The underside of the sleeper coming in contact with ballast shall be left rough but the unevenness shall not exceed 5mm. The ends of the prestressing wires shall be cut close to the surface of the sleeper in such a way that there is minimum damage to end plate and the wire in no case shall project more than 3 mm from the concrete surface. Two coats of suitable ISI

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mark anti corrosive paint, approved by Inspecting Officer, shall be applied at the ends of the sleepers in the following manner:

i) First coat of paint, sufficient thick to form impervious film of paint covering full surface of either ends of a sleeper shall be applied just after de-moulding from sleepers mould, and

ii) Second coat after taking out the sleepers from submerged water curing tank in the above manner, ensuring that surface to be painted is completely dry and clean of dirt etc.

4.7.2 No touching up or finishing by cement mortar etc. shall be

permitted on concrete sleeper, after it is de-moulded, except as provided in clause 4.7.3.

4.7.3 Such sleepers which are not found acceptable due to surface defects, shall be accepted up to a ceiling of 1% of the supplies made any time during the currency of the contract provided such sleepers are adequately treated with epoxy compounds to the satisfaction of the Inspecting Officer. These sleepers shall be marked as shown in Drawing No.RDSO/T-2466 before dispatch. The rectified sleepers shall be paid for at the rates fixed by the Purchaser.

4.8 Stacking

After the sleepers have been cured in terms of clause 4.5.2 and checked both dimensionally and visually they shall be stacked at convenient place in lots. The stacking of sleepers shall be done on leveled and consolidated ground, one over another up to 25 layers. Each layer shall be separated by wooden/concrete battens of 50mm x 50mm size of suitable lengths to avoid any damage.

4.9 Lots

All sleepers cast in one shift shall form one lot. 5. INSPECTION AND TESTING

5.1 The manufacturer shall supply at his expense, all the sleepers required for tests and retests, samples of materials, labour, machine, tools, gauges, apparatus, forms of test reports etc. and any other item which may be necessary or required by the Inspecting Officer for carrying out any or all of the checks and tests mentioned in these specifications and shall render all reasonable assistance in conducting such checks and tests. All measuring and testing appliances shall be got checked and calibrated according to the schedule given in Annexure-I, through government approved agency or as directed by the Inspecting Officer. The calibration certificate shall be furnished

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to the Inspecting Officer. The cost of all such checks and calibrations shall be borne by the manufacturer.

5.2 Inspecting Officer and the Purchaser shall have free access at

all reasonable times to the works in which the sleepers are manufactured. They shall be at liberty to inspect the manufacture of sleepers at any stage and to reject any material supplies not conforming to the terms of the specifications and to reject sleepers not manufactured according to approved manufacturing process. They shall be provided with necessary assistance for inspection by the manufacturer.

5.3 Checks and tests

5.3.1 In addition to the control checks exercised on the materials and manufacturing process specified above, the concrete and the finished sleepers shall be subjected to regular checks and tests, after 14 days submerged water curing, as detailed in clause 5.3.1.1.

5.3.1.1 Visual and Dimensional Check

Every sleeper shall be visually inspected for surface finish. No sleeper shall have surface defects except as provided in para 4.7.3.

Sleeper dimensions to be checked are listed below:

(i) Critical dimensions are toe gap, location of inserts, distance between inserts at rail seat, distance between outer most inserts and slope at rail seat.

(ii) General dimensions are depth of sleeper at centre, rail seat

and end of sleeper; width of sleeper at top and bottom; length of sleeper, camber and wind at rail seat and position of high tensile steel wires at ends.

The sketch at Annexure-II shows the dimension checking arrangement. The dimensions shown on the sleeper drawing, shall be checked by means of approved gauges, procured by the manufacturer. (Annexure II/A shows the gauge for measuring toe gap of rail seat).

(iii) Scale of check

a) Prior to stabilization of production technique* :- Scale of check per lot for critical dimension is 100%

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(hundred percent) and for general dimensions 10% (ten percent) of sleepers produced.

b) After stabilization of production technique* :- Scale of check per lot for critical dimensions is 10% (ten per cent) and for general dimension 1% (one percent), but the dimensions between outer inserts shall be checked 100%.

c) Notwithstanding the provisions in (a) & (b) above the Inspecting Officer may decide to check the dimensions at scale higher than mentioned in para (a) & (b) above.

* Acceptance of minimum 10000 sleepers and achieving rejection rate less than 2% consistently, whichever is later, shall be one of the major criteria for deciding the stabilization of the manufacturing technique.

5.3.2 Casting of cubes

15 cm size cubes shall be cast on a vibrating table conforming to IS:2514 (1963) from random samples spread over the entire lot, out of concrete used for casting sleepers for testing prior to transfer of prestress and 15 days.

5.3.3 Method of testing

The cubes shall be surface dry at the time of testing. The rate of loading shall be about 400 KN/minute.

5.3.4 Compressive strength of concrete at transfer (release) of

prestress

These cubes shall be steam cured along with sleepers in the same manner and tested for transfer of prestress to concrete (at least one cube for every steam chamber/3 for each long line but not less than a total of 3 in any case).

5.3.5 Test for 15 day compressive strength of concrete These cubes shall not be steamed but shall be water cured for

14 days after de-moulding. Three cubes per lot shall be tested for 15 days compressive strength of concrete. In case, average strength of concrete in three cubes is less than 48 N/mm2 for M55 Grade of concrete and 55/mm2 N for M60 Grade of concrete, the lot shall be rejected and the mix design shall be reviewed.

5.3.6 Test for 15 day modulus of rupture of concrete The test for 15 day modulus of rupture of concrete shall be

carried out on concrete beams of 10 x 10 x 50 cm size as

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specified in IS:516. One specimen shall be tested daily prior to the stabilization of production technique, once a week thereafter. If any value falls below 5 N/sq.mm for M55 and 6 N/sq.mm for M60, the mix design shall be reviewed.

5.3.7 Tests for static bending strength of sleepers 5.3.7.1 Method of testing 5.3.7.1.1 The tests shall be conducted in accordance with the

arrangement shown in Annexure-III. 5.3.7.1.2 The sleepers shall be loaded gradually (30-40 KN/min) upto the

specified load, which will be retained at this level for one minute for observing cracks, if any. For the purpose, a crack is defined as one which is barely visible to the naked eye and is at least 15mm long from the tension edge of the sleeper. However, if crack appears at a load smaller than the specified load, that value shall be recorded.

5.3.7.1.3 In case of ‘Moment of Resistance’ (MR) test, the sleeper shall be

deemed to have passed the test if it sustains the loads specified in Annexure-III without cracking. Sleepers shall be subjected to loading till the appearance of first cracks.

5.3.7.1.4 In case of ‘Moment of failure’ (MF) test, the sleeper shall be

deemed to have passed the test if it is able to take load beyond the specified test load.

5.3.7.2 Acceptance tests 5.3.7.2.1 Moment of failure (MF) test (for rail seat bottom)

Prior to stabilization of production technique, one sleeper for every 250 sleepers manufactured shall be tested. After the production technique gets stabilized the testing scale shall be reduced to one sleeper for every 2500 sleepers produced.

5.3.7.2.2 Moment of resistance (MR) test (Rail seat bottom, centre

top, centre bottom)

Depending on 15 day cube strength of the lot as mentioned in para 5.3.5. The scale of testing for the lot shall be as follows:-

i) Wherever minimum strength of the three cubes is 55 N/sq.mm and above for M55 & 60 N/sq.mm and above for M60 – one sleeper per lot

ii) For Mix M-55:- Wherever average strength of the three cubes is less than 55 N/sq.mm but up to 48 N/sq. mm – two sleepers per lot.

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For Mix M-60:- Wherever average strength of the three cubes is less than 60 N/sq.mm but up to 55 N/sq. mm – two sleepers per lot.

a) Prior to stabilization of production technique: Sleeper to be tested shall be subjected to rail seat bottom, centre top and centre bottom tests.

b) After stabilization of production technique: Sleeper to

be tested shall be subjected to rail seat bottom and centre top tests only.

iii) In case, 15 days average strength of concrete in three

cubes for a lot is less than 48 N/sqmm for M55 Grade and 55 N/sqmm for M60 Grade, the lot shall be rejected and no testing for moment of resistance or moment of failure will be conducted.

NOTE: (i) Test procedure has also been shown as a flow chart in Annexure IV. (ii) Wherever MF test is to be conducted, it shall be performed on the first

sleeper selected for testing under clause 5.3.7.2.2. 5.3.7.3 Acceptance of ‘lots’ 5.3.7.3.1 All sleepers tested in accordance with clause 5.3.7.1 should

pass all the acceptance tests provided in clause 5.3.7.2 for the lot to be accepted. The specified values of Load for Centre Top, Centre bottom, Rails Seat cracking and MF test are as under:-

SLEEPER CENTER

TOP (KN)

CENTER BOTTOM (KN)

RAIL SEAT BOTTOM CRACKING (KN)

FAILURE (KN)

BG 60 52.5 230 370 MG 25 40 150 250

5.3.7.3.2 If the sleeper fail in any of the tests conducted as per clause

5.3.7.2.2 (i), the lot shall be subjected to ‘retest’ as per clause 5.3.7.4.

5.3.7.4 RETEST 5.3.7.4.1 MR

For every sleeper failed in acceptance tests as per clause 5.3.7.2.2 (i), two more sleepers from the same lot shall be retested as per clause 5.3.7.2.2.

However, in case of testing of two sleepers as per clause 5.3.7.2.2(ii), if any of the sleepers fail, the lot shall be rejected.

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5.3.7.4.2 MF

In case of failure of the sleeper in MF test as per clause 5.3.7.2.1, 2 more sleepers from the same lot shall be selected for testing in MF as per clause 5.3.7.2.1 and 5.3.7.2.2 and subjected to all relevant tests. However, if the sleeper has passed MF test and failed in some other test MF test need not be repeated on subsequent sleepers subjected to testing.

5.3.7.4.3 For acceptance of the lot, all the sleepers tested in ‘retest’ must

pass all the tests conducted. However, sleepers failing in any static bending tests shall not be paid for.

Also final passing of the lot is a prerequisite condition for payment for any sleeper having passed all the relevant tests conducted on that sleepers.

Sleeper/sleepers tested for rail seat bottom failure test and passes the test, shall be paid by the purchaser, if that particular lot passes all the relevant retests.

NOTE: In case where more than one test value is obtained in retests. The lowest value obtained will be taken as strength of the lot for deciding the result of the lot.

5.3.8 Measurement of electrical resistance 5.3.8.1 All sleepers shall be tested as per Annexure-V for electrical

resistance for their fitness for use in track circuited area. 5.3.8.2 For inspection of concrete sleepers, officials having competency

certificate issued after due test by RDSO/Chief Track Engineer only shall be posted.

6. STAMPING AND MARKING 6.1 All the sleepers shall have legible permanently inscribed and painted

markings on the top as per drawing No.RDSO/T-2466. 6.2 The accepted sleepers shall bear the passing marks of the Inspecting

Officer in indelible paints. Sleepers which have been subjected to static bending strength test up to cracking and accepted, shall in addition be marked on the top in indelible paint with the letter ‘T’. MF tested and accepted sleepers shall bear the marking ‘MF’ in paint with yellow bands at ends.

6.3 All sleepers fit for use in track circuited area shall bear the mark ‘FTC’

at the center of the sleeper.

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6.4 Rejected sleepers shall be stacked separately by the manufacturer so

as to avoid their mixing with the accepted sleepers. Such rejected sleepers shall be marked in the way specified in drawing No.RDSO/T-2466.

6.5 All markings mentioned in para 6.1 to 6.3 shall be done with enamel

paint of ISI mark and shall be such as to last for at least 3 years under normal weather conditions. Colour and quality of the paint used shall be got approved by the Inspecting Officer. All such markings shall be done by the manufacturer at his cost.

7. LOADING AND DESPATCH 7.1 Only those sleepers which have been passed, properly marked and

accepted by the Inspecting Officer shall be loaded for despatch. 7.2 The loading of the passed sleepers in wagon shall be done by the

manufacturer at his cost as per the loading arrangement approved by the purchaser. The sleepers shall be properly secured to avoid movement and displacement during transit. The manufacturer shall be responsible to replace, free of cost, all the sleepers which are found damaged in transit on account of defective loading.

8. GUARANTEE 8.1 The sleepers as per RDSO Drawing no. T-2496 shall be guaranteed by

the manufacturer for a period of ten years from the date of manufacturing. If during the guarantee period, sleepers in general are found to develop defects attributable to bad material and workmanship as established during investigation, leading to large scale withdrawal from service, the cost of sleepers and their replacement shall be borne by the manufacturer. The defective sleepers withdrawn from service can be taken over at site by the manufacturer for their disposal. The manufacturer shall make good the cost due within 60 days of advice of defects. The sleeper manufacturer will also be involved during inspection / investigation and his view will be considered by the Purchaser before taking decision. The decision of the purchaser shall be final and binding in this regard.

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

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ANNEXURE-I of T-39

SCHEDULE FOR CALIBRATION OF VARIOUS GAUGES AND TESTING EQUIPMENTS IN THE CONCRETE SLEEPER PLANT

S. N

Equipment Frequency

1 15 cm concrete cube testing machine (2000 KN capacity)

Once in 3 months

2 Cement mortar cube testing machine (500 KN capacity)

Once in 6 months

3 Sleeper Static Bend Test Machine (500 KN capacity)

Once in 3 months or after testing 250 sleepers, whichever is earlier.

4 Pre tensioning Jacks (500 KN capacity)

Once a month or after casting 5000 sleepers whichever is earlier.

5 Pre-tensioning load cell

-do-

6 Concrete Beam Testing Machine (100 KN capacity)

Once in 6 months

7 Aggregate weight batcher Once every week or after casting 2000 sleepers, whichever is earlier.

8 Cement weighing equipment -do-

9 Water Meter -do-

10 Master gauges for checking correctness of dimension measuring gauges

Once in 6 months

11 Dimension checking gauges Once every 15 days or after inspecting 5000 sleepers, whichever is earlier.

12 Proving rings (2000 KN, 500 KN and 100 KN capacity)

Once in 18 months

13 Weights & Measures By Weights & Measures Department as per extant rules.

14 Tachometer

Once a year

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ANNEXURE-I (CONTD.) of T-39

Note:

1. The items referred at S.No.1 to 6 above should be calibrated by proving rings in the sleeper plant itself.

2. The items referred at S.No.7 & 8 should be calibrated by dead

weights and item at S.No.9 by measuring cans which should be available in the plant.

3. The proving rings should be got calibrated from a reputed

organization like the IITs, NCCBM or NPL etc.

4. The record of calibration of all the above equipments should be maintained in a manner that previous records can be easily connected.

5. The calibration can be done more frequently at the discretion of the

Inspecting Official.

of 8

1

An

nex

ure

– I

IA (

Con

td.)

of

T-3

9

5

Y

X

13

12

20DIA:

20DIA:

20DIA:

R25

3ELEVATION

50

35

HEEL

CT0E

50

RT-

5R13R

8

27

80

130

5

8mm M

.S. ROD

INSERT DRG. No. TO

10mm THICK

BE STAMPED HERE.

PLATE.

HANDLE

20 m

mDIA: PIN

75mm LONG

10 75

130

20

20

20

PLAN

SIDE ELEVATION

50

10

75

WELD OF SUITABLE SIZE OR SCREWED

INSERT TO

DRG. No.

DIM

ENSIONS mm

x

y

RDSO/T-4847

RDSO/T-4848

RDSO/T-2479

RDSO/T-3705

RDSO/T-3087

RDSO/T-381

17

9.5

8.2

17.75

21,70

22.40

7

7

7

7.75

7.00

9.50

RDSO / T- 4154

ADVANCE

25-11-92

(T)

R. D. S. O.

STAN

CANC

REV D LD

D ..

....

DATE

DESCRIPTION

ALT:

SCALE

SPECIFICATION

NOTE

TABLE

WELD OF SUITABLE SIZE

AND O

R SCREWED

REVISED AND REDROWN

1.

±1

±1

ANNEXURE-III of T-39

Page 66 of 81

ANNEXURE-III(Contd.) of T-39

NOTE: 1. All dimensions are in millimeters. 2. The load ‘P’ will be applied at centre line of Rail Seat through pressure

distributing M.S. Plate with 1 in 20 slope and size 130X25mm for 52kg rail and 145x25mm for 60kg rail, covering the full width of sleeper.

3. One rail seat bottom shall be tested at a time. It shall be ensured that

the other end is not restrained in upward direction. The rate of loading is 30-40KN per minute.

4. Cracks shall not appear up to the load mentioned in column 2, 3 & 4

of table II when retained for one minute. 5. A coat of lime wash shall be applied on the sleeper surface before

testing.

Page 67 of 81

FLOW CHART FOR TESTING OF SLEEPER

STATIC BENDING TEST

MR MF

A B

ANNEXURE-IV

ANNEXURE-IV (Contd.) of T-39

NOTATIONS & EXPLAINATORY NOTES: MR: MOMENT OF RESISTANCE TEST:

• RAIL SEAT BOTTOM, CENTRE TOP & CENTRE BOTTOM (PRIOR TO STABILISATION)

• RAIL SEAT BOTTOM & CENTRE TOP (AFTER STABILIZATION) MF: MOMENT OF FAILURE TEST FOR RAIL SEAT BOTTOM PASSES : SLEEPER PASSES RELEVANT TEST SUCCESSFULLY FAILS : SLEEPER FAILS IN ANY OF THE RELEVANT TEST NOTE : (1) WHEN DUE, MF TEST SHALL BE CONDUCTED

ON THE FIRST SLEEPER SELECTED FOR TESTING UNDER MR

(2) WHENEVER MF IS DONE, PASSING THIS TEST

IS A PREREQUISITE FOR ACCEPTANCE OF THAT LOT UNDER ‘A’ OF FLOW CHART.

(3) IF THE FIRST SLEEPER HAS PASSED MF TEST BUT FAILED

IN ANY OTHER TEST, MF TEST NEED NOT BE REPEATED ON SUBSEQUENT SLEEPERS SUBJECTED TO RE-TESTING.

Page 69 of 81

T-1 RT-2

TEST/RETEST SLEEPER FROM THE SAME LOT

NUMBER OF SLEEPERS TO BE TESTED

ANNEXURE-V of T-39

PROCEDURE FOR CHECKING FITNESS OF CONCRETE SLEEPERS ON TRACK CIRCUITED STRENGTH (AT THE TIME OF INSPECTION IN THE CONCRETE SLEEPER MANUFACTURER’S PREMISES

1. All the sleepers shall be tested. 2. The sleeper shall be checked for electrical resistance at 230 volts AC

supply. The circuitry to be followed will be shown in sketch at Annexure-V (Contd.).

3. The 230 volts AC supply will be passed through a not less than 300 W

test lamp in series with the pairs of inserts being tested. For the sake of comparison, another comparator bulb of the same wattage directly connected to the 230 volts AC supply will be fitted along side.

4. Since the testing is being done at a higher voltage, removal of the rust

layer by grinding shall not be necessary. 5. Resistance will be checked against 2 rail seats.

6. If the test lamp emits light dimmer than the comparator lamp in the

sleeper, the sleeper shall be accepted and marked ‘FTC’ ( Fit for Track circuit). If it emits light with the same brightness as the comparator lamp, the sleeper will be rejected and marked ‘NFTC’ (Not fit for track circuit). In case the test lamp does not emit light at all, it indicates that the circuitry is defective and should be rechecked.

7. In the event of doubts regarding comparison of brightness, such

sleepers will not be marked. They will be retested with 1.5 V Avometer and marked for fitness, if found fit with 200 ohms resistance.

8. The ’NFTC’ marked sleepers should be stacked separately. The

FTC/NFTC marking shall be done on top of sleepers in middle portion, as shown on Drawing No. RDSO/T-2466.

9. As the testing is done at higher voltage, all precautions such as use of

gloves in the hands, insulated boots and insulated chairs for operator and other necessary precautions shall be taken for the safety purpose.

Page 70 of 81

ANNEXURE-VI of T-39

LIST OF IRS & BIS CODES REFERRED TO

(Up-to-date version of Codes/Specifications with latest amendments/correction slips shall be followed)

S.N IRS/BIS No. & Year Description 1 IS-12269: 1987

with amendment No.6 of June 2000

Specification for 53-S grade cement for manufacture of concrete sleepers

2 IS 1343 - 1980 Code of Practice for Pre-stressed Concrete 3 IS:383 1999 Specification for coarse and fine aggregates from natural

sources for concrete (Second Revision) 4 IS:456 2000 Code of practice for plain and reinforced concrete

(Fourth Revision) 5 IS:516 1959 Method of test for strength of concrete with amendment

No.2 6 IS: 650 1991 Specification for standard sand for testing of cement

(First Revision with amendment No.3) 7 IS:1785 1983

Pt.I Specification for plain hard drawn steel wire for prestressed concrete Part.I Cold drawn stress relieved wire (Second Revision with amendment No.1)

8 IS: 2386 1963 Pt. I – VIII

Methods of tests for aggregate for concrete

9 IS: 2430 1996 Methods for sampling of aggregate for concrete 10 IS:2514 1963 Specification for concrete vibrating table 11 IS:3536 1999 Methods of sampling hydraulic cements (First Revision) 12 IS:4031 1999

Pt.I-XVI Methods of physical tests for hydraulic cement

13 Part II 1999 Determination of fineness by specific surface by blaine air permeability method (First Revision)

14 Part III 1988 Determination of soundness (First Revision) 15 Part IV 1988 Determination of consistency of standard cement paste

(First Revision) 16 Part V 1988 Determination of initial and final setting times (First

Revision) 17 Part VI 1988 Determination of compressive strength of hydraulic

cement (other than masonry cement) (First Revision) 18 Part XIV 1989 Determination of false set 19 IS:4032 1985 Methods of chemical analysis of hydraulic cement (First

Revision) 20 IS:6006 1983 Specification for uncoated stress relieved strand for pre-

stressed concrete (First Revision) with amendment No.2 21 IS:9103 1999 Specification for Admixtures for concrete 22 IS: 10262 - 2009 Concrete Mix Proportioning - Guidelines 23 IRS: T-46 1996 Specification for Spheroidal Graphite Cast Iron inserts 24 STR Schedule of Technical Requirement as applicable from

time to time.

Page 72 of 81

ANNEXURE-VI

INDEMNITY BOND The President of India Through The Executive Director Track (M) Railway Board, New Delhi THIS INDENTURE made on this day _____________ by M/s. (Duly registered under the Indian Co. Act. 1956) and having its registered office at ________________________, hereinafter called the contractor (which expression shall include its successors) in favour of the President of India acting through Chief Track Engineer, _______ Railway, hereinafter called the Purchaser (which expression shall include his successors and assignees). WHERE AS under the formal order/contract specified in schedule, I/We have agreed to supply mono block concrete sleepers to the President of India ( hereinafter called the Purchaser ) at the time and place and in the manner detailed there in. WHERE AS purchaser agreed to accommodate the contractor in case in which the purchaser thinks fit by making 90% payment of value of Mono block PSC Concrete Sleepers which have been inspected and passed by the Purchaser or his nominee. In consideration of such payment I/We am/are hereby is/are expressly prepared to accept certain liabilities as herein after set out but such liabilities shall not affect the passing of the sleepers concerned to the purchaser.

NOW, I/We hereby agree, declare and undertake as follows: (i) I/We shall remain absolutely responsible for the safe custody and

protection of _________ sleepers, which were inspected and passed by the Railway Authority by IC No. ________ dated _________, but could not be dispatched due to non availability of wagons against all risk whatsoever, till those are dispatched under the above mentioned contract and duly delivered. The President of India, however, shall be kept indemnified against any losses and/or damage to the said sleepers. The said sleepers shall however, be at all time open to the inspection by officer who may be authorized on behalf, by the purchaser or his nominee.

(ii) Details of quantity which will be loaded in my/our siding as per

challan will be submitted by me/us to the consignee direct and if any discrepancy is noticed on receipt of Mono block Concrete Sleepers at the destination, the cost of quantity in deficit will be realized from my/our 10% bills.

Page 73 of 81

(iii) The said number of sleepers shall be loaded and dispatched correctly as per the inspection note and that no broken or un-passed sleepers, not conforming to the specification/drawings mentioned in the formal contract shall be dispatched and then in such case we shall be liable for the entire loss or damage that purchaser may sustain due to the dispatch of such broken/un-passed sleepers and I/We undertake to indemnify the purchaser against all such loss and damage and shall replace at my/our cost any of such broken/un-passed sleepers as may be dispatched by us aforesaid.

(iv) In the event of any loss or damage as aforesaid the assessment of

such loss or damage and assessment of the compensation therefore would be made by the General Manager, _________ Railway or his authorized nominee from our 10% bills and the said assessment shall be final and binding upon us.

(v) Provided always that notwithstanding anything contained in the

formal, order/contract, the President of India will be fully entitled to realize all dues against me/ us under orders/contracts specified in the schedule or other contracts between myself/ourselves and the President of India without prejudice due by any other lawful means.

THE SCHEDULE

Railway Board’s acceptance letter No. _______________ dated __________ and

_______ Railway contract Agreement No. ________________ dated _________ for manufacture and supply of Mono block PSC Concrete Sleepers.

Witness: *Signature of the Contractor /supplier:

Address: Dated:

Name: Address:

Dated:

# accepted

For and on behalf of the President of India.

# Acceptance on behalf of the President of India should be by an officer

authorized under Article 299 of the Constitution.

Page 74 of 81

Annexure-VII

INDEMNITY BOND BY THE PRESENT INDEMNITY BOND executed by M/s --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------on this----------------------------- day of --------------------------------------------2008 (hereinafter called contractor) in favour of President of India/(Name of the person who has signed the agreement) ----------------------------------------------------------------------------(hereinafter called the purchaser). 2. WHEREAS – The Contractor has agreed with the purchaser to manufacture and supply PSC mono block Line Sleepers to the Railway Administration in pursuant to and in terms of a contract evidenced by the Ministry of Railways (Railway Board)----------------------------------------------- and the instructions of the General Manager, --------------------------------------- Railway acting through Chief Track Engineer of ---------------------------- Railway. 3. AND WHEREAS pursuant to the said contract, the contractor(s) commenced dispatches of sleepers on ---------------------------- and completed dispatches by ----------------------------------------. 4. AND WHEREAS under clause 15.3 of the said contract for the supply of PSC mono block Line Sleepers payment for the delivery of stores was/is to be made as follows: Balance 10% of the price of each consignment will be paid on proof of dispatch and on submission of a Bond for 25% of the value of Stores supplied covering the warranty period as per warranty clause. Consigner’s certificate shall be enclosed with 10% bills. In case 90% payment as laid down in clause 15.2 above is not sought, 100% of price of each consignment will be paid on proof of dispatch of Stores and on submission of Indemnity Bond. 5. AND WHEREAS 90% payment in respect of the Stores inspected has already been paid by the ---------------------------------------------Railway to the contractor, vide Cheque No.--------------------------- dated------------------------Rs.--------------------. 6. AND WHEREAS the contractor submitted one of his bills being bill No. ---------------------------------- of -----------------------------------------Rs.----------------------------------- for the 10% (i.e. balance amount) of the value in respect of stores dispatched by him through Railway Wagon No. ----------------------- booking under RR No. ---------------------------------- to the consignee thereof namely the -----------------------------------------------------------------------. 7. AND WHEREAS the Purchaser has agreed to pay the amount of Rs.---------------- (in words) ---------------------------------------------------------------------------------------------- being the 10%/100% of the said bill No.---------------------------------- upon the Contractor subject to execute an indemnity bond in the manner hereafter provided in the para 15.3 of the contract.

Page 75 0f 81

8. NOW THEREFORE through this indenture, the Contractor hereby covenants with the Purchaser that the Contractor shall at all times hereinafter well and sufficiently indemnify and keep indemnified the Purchaser, his successors and assignee for an amount ------------------------------------(25% of the value of stores supplied) from and against such damages, loss and costs, charges and expenses, whatsoever that may be caused and incurred by the said Railway Administration on account of the short or non-receipt of the said stores said to have been dispatched by the said wagon No. -------------------------------under the said RR No.------------------------------------------ to the said consignee or on account of the said goods if delivered in whole or in part not being according to the specification and requirements of the said contract and in the event of such short or non-delivery or delivery of the goods in whole or in the part being not in accordance with the specifications and requirements of the contract, the Contractor shall pay to the purchaser on intimation to the amount as may be equal to the price of the said goods so short received or not being according to the specifications or requirements as aforesaid and also all other loss that the Purchaser may incur or suffer on account thereof the decision of ----------------------------- Railway as to the exact amount of such loss including the price of the goods short delivered or of the goods but not in accordance with the specifications or requirements of the said contract as aforesaid being final and binding on the Contractor together with all costs, charges and expenses that the Purchaser may incur for the recovery of the said amount and loss.

AND IT IS HEREBY guaranteed by the contractor that PSC Sleepers which the contractor has supplied have been manufactured fully in accordance with the specifications and its design shall strictly follow the “as made” detailed drawing with such specifications as are notified in respect of each type. The contractor further guarantees that the PSC Sleeper shall be free from defects in material and workmanship. The contractor shall be liable to arrange the necessary replacements of the defective sleepers free of any charge only to the extent that such replacements are attributable to or arise from faulty workmanship or material or design in the manufacture of the sleepers. All replacements shall be made free of cost at destination. If the contractor so desires, the replaced sleepers can be taken over by him for disposal as he deems fit, within a period of three months from the date of receipt of the replacement of defective sleepers by the purchaser. At the expiry of this period, no claim in this respect shall lie on the purchaser.

IT IS AGREED that any approval or acceptance by the purchaser of the sleepers or of the materials incorporated therein shall not in any way limit the contractor’s liability hereunder. The decision of the purchaser in regard to contractor’s liability under this guarantee shall be final and conclusive. All replacements that the purchaser shall call upon the contractor to deliver under this guarantee shall be delivered by the contractor within three months from the date of intimation of such rejection of defective sleepers. If the contractor fails to replace the defective sleepers within the said period, the cost of the said sleepers at the rate stipulated in the contract shall be recovered from the payments due to the contractor. WHEREAS IT IS AGREED that the guarantee herein contains shall expire in respect of each sleeper on the expiry of 5 years from the date of the delivery or 3 years from the date of its placing in service whichever is earlier except in respect of defects notified to the contractor prior to the expiry of such date.

Page 76 of 81

9. AND IT IS HEREBY agreed between the parties hereto that the Purchaser shall be entitled to recover or adjust the cost of such replacements as aforesaid or the guaranteed amount ------------------- (25% of the price of stores supplied) whichever is less out of or from the moneys, if any, payable to the Contractor in respect of the said Contract or any other contracts subsisting between the Contractor and the purchaser. 10. IN WITNESS WHEREOF the contractor has put his seal on -------------------------------------------------------------------------------. IS HEREINTO affixed pursuant to a resolution, dated --------------------------------- passed by the Board of Directors of the said Company in the presence of:

1. Shri ------------------------------------------- 2. Shri -------------------------------------------

Signature of the Contractor Firm’s Name: M/s. ________________

(Stamp)

Witness: 1) 2)

CHIEF TRACK ENGINEER or CE/TSP

------------------------- Railway

FOR AND ON BEHALF OF THE PRESIDENT OF INDIA

Page 77 of 81

ANNEXURE-VIII

DETAILS FOR CREDENTIALS

1. Location of existing factory(s) 2. How long has/have the present factory been in existence: __________ 3. Details of works executed during the past Five years:

S. No.

Name and address of the client

Order No. and date

Description of work

Value of work

Date of completion Remarks indicating reasons for delay

Certificate from client

Any others

As per contract

Actual

4. Turnover during the past Five years: Financial year Turnover Reference to certificate

ITCC/Audited Balance Sheet

2006-07 2007-08 2008-09 2009-10 2010-11 5. Solvency certificate issued by a scheduled bank: 6. Particulars of registration, if any or assessed capacity. 7. List of major equipments installed in the factory premises at point No. 1 above for

manufacture of Prestressed concrete products and their testing.

Note: For offer for more than one CSP, separate sheets are to be used for each CSP.

Signature and Seal of the Tenderer

Name:

Address:

Page 78 of 81

Annexure-IX

Tenderer’s Address and Communication Details

1. Tender No. CS-165 of 2011 for manufacturing and supply of concrete sleepers.

2. Name of the Firm: ________________________________________________

3. Registered Address of the Firm: _____________________________________

_______________________________________________________________

4. Address of Works : ________________________________________________

________________________________________________________________

5. Address for Communication: ________________________________________

Fax No.________________________Telephone No.______________________

6. Name of Chief Executive :______________________________

Address:_____________________________________________

____________________________________________________

Phone No.____________________________________________

FAX No._____________________________________________

7. Name of Contact Person in Delhi, if any:_________________

Address:_____________________________________________

____________________________________________________

Phone No.____________________________________________

FAX No._____________________________________________

(Signature of the Tenderer)

Name:

Address:

Page 79 of 81

Annexure X

Monthly Progress Report Proforma for PSC Line Sleepers

S. No.

Name of the Plant and location.

Contract against Railway Board's tender No.

Ordered Qty.

Railway's Monthly production Schedule

Qty. produced during the month

Total Qty. produced upto the month

Total Qty. produced against the contract.

Qty. Dispatched during the month

Within the Railway

To other Railways

OL CON OL CON

Total

Page 80 of 81

ANNEXURE-XI

STATEMENT OF DEVIATIONS FROM TENDER SPECIFICATIONS Item No Description Particulars of Deviations

Sign and seal of

Manufacturer/Tenderer

Page 81 of 81