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Regulation of Tender and Contracts & GENERAL CONDITIONS OF CONTRACT

June 2010

Incorporating Correction Slip No. 1 to 5 and amendments issued vide Bds letter No. 2003/CE-I/CT/4/Pt-I dt. 12-05-06, 07-12-06, 23-05-07 and dated 23-01-08 and letter no 2007/CE.1/CT/18 dt 28-09-2007 and dated 07-03-2008 and No. 2010/CE/I/CT/11 Dated 11/06/2010

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PART-I

REGULATIONS FOR TENDERS AND CONTRACTS CONTENTS PAGE NO. PARA 1. 1.2 1.3 MEANING OF TERMS DEFINITIONS SINGULAR AND PLURAL INTERPRETATION CREDENTIALS OF CONTRACTORS 2. 3. 4. 5. 6. APPLICATION FOR REGISTRATION TENDER FORMS OMISSIONS AND DISCREPANCIES EARNEST MONEY CARE IN SUBMILSSION OF TENDERS CONSIDERATION OF TENDERS 7. RIGHT OF RAILWAY TO DEAL WITH TENDERS CONTRACT DOCUMENTS 8. 9. EXECUTION OF CONTRACT DOCUMENTS FORM OF CONTRACT DOCUMENTS ANNEXURE I TENDER FORMS (FIRST SHEET) TENDER FORMS (SECOND SHEET) TENDER FORMS (THIRD SHEET) AGREEMENT FOR ZONE CONTRACT WORK ORDER UNDER ZONE CONTRACT CONTRACT AGREEMENT FORM WORK ORDER FOR WORKS CONTRACTORS AGREEMENT WORK ORDER FOR WORKS 4 4 5 6-8 9 10 11 12 13 14 15 4 2 3 3 3 4 1 2

ANNEXURE ANNEXURE ANNEXURE ANNEXURE

II III IV V

ANNEXURE VI

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PART-II GENERAL CONDITIONS OF CONTRACT CONTENTS DEFINITIONS AND INTERPRETTION Clause 1. (1) Definitions (2) Singular and Plural (3) Heading and Marginal Headings GENERAL OBLIGATIONS Execution, Co-relation and Intent of General Documents (1) Law governing the Contract (2) Compliance to Regulations and bye-laws Communications to be in writing Service of Notices on Contractors Occupation and use of Land Assignment or sub-letting of Contract Assistance by the Railway for the Stores to be obtained by the Contractor Railway Passes Carriage of Materials Use of Ballast Trains Representation on Works Relics and Treasures Excavated Material Indemnity by Contractors (i) & (ii) Earnest Money and Security Deposit (iii) Interest on Amount (iv) Performance Guarantee (PG) Time to be essence & Extension of time (1) Extension due to modification (2) Extension for delay not due to Railway/Contractor (3) Extension of time for delay due to Railway (4) Extension of time for delay due to Contractor (1) & (2) Illegal Gratification EXECUTION OF WORKS 19. (1) Contractors Understanding (2) Commencement of Works (3) Accepted Programme of Work (4) Setting out of works (1) Compliance to Engineers instructions (2) Alterations to be authorized (3) Extra Works (4) Separate Contracts in connection with works Instruction of Engineers Representative (1) Adherence to specifications and Drawings (2) Drawings and specifications on the works (3) Ownership of Drawings and specifications (4) Compliance with contractors Request for Details (5) Meaning and Intent of specifications and Drawings Work During Night Damage to Railway Property or Private Life and Property Sheds, Stores-houses and Yards Provision of Efficient and competent staff 1) Workmanship and Testing 2) Removal of Improper work and Materials Facilities for Inspection Examination of Work before covering up Temporary Works 23 23 23 23 23 23 23 23 24 24 24 24 24 24 24 24 25 25 25 25 26 26 26 Page No. 16 17 17 17 17 18 18 18 18 18 18 18 18 19 19 19 19 19 19 20 20 21 21 21 21 22 22

2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

17.

18.

20.

21. 22.

23. 24. 25. 26. 27. 28. 29. 30.

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31.

32. 33. 34.

35. 36. 37. 38. 39. 40.

(1) Contractor to supply Water for Works (2) Water supply from Railway System (3) Water Supply by Railway Transport (4) (a) Contractor to Arrange supply of Electric Power for works (b) Electric supply from the Railway System Property in Materials and Plant (1) Tools, plant and materials supplied by Railway (2) Hire of Railways Plant (1) Precautions during Progress of Works (2) Roads and Water Courses (3) Provision of Access to Premises (4) Safety of Public Use of Explosive (1) Suspension of work (2) Suspension lasting more than Three Months Rates for Items of Works Demurrage and Wharfage Dues Rates for Extra Items of Works (1) Handing over of Works (2) Clearance of Site on Completion VARIATION IN EXTENT OF CONTRACT Modification to Contract to be in writing (1) & (2) Power of Modifications to Contract (3) Valuation of Variation (1) Monthly Statement of Claims (2) Signing of No Claim Certificate MEASUREMNTS, CERTIFICATES AND PAYMENTS Quantities n Schedule annexed to Contract Measurements of Works (1) On-Account Payments (2) Rounding off Amounts (3) On-Account Payments not Prejudicial to Final Settlement (4) Manner of Payment Maintenance of Works (1) Certificate of Completion of Works (2) Contractor not absolved by Completion Certificate Approval only by Maintenance Certificate (1) Maintenance Certificate (2) Cessation of Railways Liability (3) Unfulfilled Obligations (1) Final Payment (2) Post-Payment Audit Production of vouchers etc. by the Contractor With-holding and Lien in respect to Sums claimed Lien in respect of Claims in other Contracts Signature on Receipts for Amounts Wages to Labour Apprentice Act Provisions of Payments of Wages Act Provision of Contract Labour (Regulation and Abolition) Act 1970 Reporting of Accidents to Labour Provision of Workmens Compensation Act Provision of Mines Act Railway not to Provide Quarters for Contractors (1) Labour Camps (2) Compliance to Rules for Employment of labour (3) Preservation of Peace (4) Sanitary Arrangements (5) Outbreak of Infectious Disease

26 26 26 26 26 27 27 27 27 27 27 27 27 28 28 28 28 29 29 29 29 29 30 30 30 30 30 31 31 31 31 31 32 32 32 32 32 32 32 33 33 33 33 34 34 34 34 35 35 35 36 36 36 36 36 36 36

41. 42. 43.

44. 45. 46.

47. 48. 49. 50.

51. 51A. 52. 52A. 53. 54. 54A. 55. 55A. 56. 57. 57A. 58. 59.

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60.

61. 62.

(6) Treatment of Contractors Staff in Railway Hospitals (7) Medical facilities at Site (8) Use of Intoxicants (9) Non-employment of Female labour (10) Restriction on the Employment of Retired Engineers of Railway Service within two years of their retirement (1) Non-employment of Labour below the Age of 15 (2) Medical Certificate of Fitness for Labour (3) Period of Validity of Medical Fitness Certificate (4) Medical re-examination of labour (1) Right of Railway to determine Contract (2) Payment on Determination of contract (1) Determination of Contract owing to default of Contractor (2) Right of Railway after rescission of Contract owing to default of contractor SETTLEMENT OF DISPUTES Matters Finally determined by the Railway (1) Demand for Arbitration (2) Obligations during Pendency of Arbitration (3) Appointment of Arbitrator I II III IV V Proforma Proforma Proforma Proforma Proforma for for for for for Time extention Certificate of Fitness 7 days notice 48 hrs. notice Termination notice

37 37 37 37 37 37 37 37 37 38 38 38 39

63. 64.

40 40 41 41-42 43 44 45 46 47

Annexure Annexure Annexure Annexure Annexure

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PART-I REGULATIONS FOR TENDERS AND CONTRACTS FOR THE GUIDANCE OF ENGINEERS & CONTRACTORS FOR ENGINEERING WORKS MEANING OF TERMS 1.1 These Regulations for Tenders and Contracts shall be read in conjunction with the General Conditions of Contract which are referred to herein and shall be subject to modifications additions or suppression by special conditions of contract and/or special specifications, if any, annexed to the Tender Forms. 1.2 Definition: - In these Regulations for Tenders and Contracts the following terms shall have the meanings assigned hereunder except where the context otherwise requires. (a) Railway shall mean the President of the Republic of India or the Administrative Officers of the Successor Railway authorized to deal with any matters, which these presents are concerned on his behalf. (b) General Manager shall mean the Officer-in-Charge of the general superintendence and control of the Railway and shall also include the General Manager (Construction) and shall mean and include their successors, of the Successor Railway. (c) Chief Engineer shall mean the Officer in charge of the Engineering Department of --------------- Railway and shall also include the Chief Engineer (Construction), Chief Electrical Engineer, Chief Electrical Engineer (Construction), Chief Signal & Telecom Engineer Chief Signal & Telecom Engineer (Construction) and shall mean and include their successors of the Successor Railway. (d) Divisional Railway Manager shall mean the Officer in charge of a Division of the Railway and shall mean and include the Divisional Railway Manager of the Successor Railway. (e) Engineer shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal and Telecommunication Engineer, Divisional Signal and Telecommunication Engineer (Construction), Divisional Electrical Engineer and Divisional Electrical Engineer (Construction), in executive charge of the works and shall include the superior officers of the Engineering, Signal & Telecommunication, and Electrical Department of Railway i.e., the Senior Divisional Engineer/Deputy Chief Engineer/Chief Engineer/Chief Engineer(Construction),Senior Divisional Signal and Telecommunication Engineer / Deputy Chief Signal and Telecommunication Engineer / Chief Signal & Telecommunication Engineer /& Telecommunication Engineer (Construction), Senior Divisional Electrical Engineer / Deputy Chief Electrical Engineer / Chief Electrical Engineer (Construction) / and shall mean and include the Engineers of the Successors Railway. (f) Tenderer shall mean the person / the firm / co-operative or company whether incorporated or not who tenders for the works with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns. (g) Limited Tenders shall mean tenders invited from all or some Contractors on the approved