maintenance of all electrical items of cos/clw/ kolkata...

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Signature of the Tenderer with seal & date

TENDER NO: EL-G-112 (AMC for COS Office/ Kolkata)

Name & place of work:-

"Maintenance of all electrical items of COS/CLW/ Kolkata Office"

Office of the Dy. Chief Electrical Engineer/M Chittaranjan Locomotive works, Chittaranjan Telephone-0341-2525542 Tele fax -0341-2525560

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Issued to …………………………………………………………………………………….. Of……………………………………………………………………………………………… ………………………………………………………………………………………………on deposit of cost etc. of Rs. ………………………………………………………………….. ……………… vide C.R. No. ……………………………………………..date …………..

INDIAN RAILWAYS Chittaranjan Locomotive Works P.O. Chittaranjan, Dist. Burdwan

PREAMBLE AND INSTRUCTIONS TO TENDERER

1. Tender No. :- EL-G-112 (AMC for COS Office/ Kolkata)

2. Name & place of work: - “Maintenance of all electrical items of COS/CLW/ Kolkata Office" 3 Tender Value: - Rs. 327000/- (Rupees Three lakhs and twenty seven thousand) only

4. Tender documents consist of following parts: - Page No. Part-: Preamble and instructions to tenderer 2 - 4 Tender FORM-1 5 - 6 Tenderers credentials FORM-5 7 I : Regulations of tender 8 - 10 II : Conditions of Tender 11 - 13 III : General & Special conditions of contract 14 - 26 IV : Conditions of price& payment 27 - 29

Annexure –I 30 V : Technical Requirements 31 - 32 VI : Schedule of quantities & rates 33 - 35 Tender documents are not transferable

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5. Completion period.

The entire work shall be completed within days/months from the date of issue of letter of acceptance as per following schedule. i) Submission of Performance Guarantee within 30 days after issue of Letter of

Acceptance as per clause no 3.48(b) of part III of TD. ii) Completion of work – Twelve (12) months from the date of issue of Letter of

Acceptance.

6. Credential of tenderer. Offers from experienced and competent contractors will be considered (see Form No. 5). The tenderer will provide satisfactory evidence acceptable to the purchaser regarding experience & competence.

7. Purchase of Tender Document. Tender documents can be purchased against payment of Rs.1000/- (Rupees One thousand only) as applicable as the cost of Tender document may be deposited with the Chief Cashier /Chittaranjan Locomotive Works/CLW and on production of receipt the Tender can be collected from Dy. Chief Electrical Engineer (Maint.) central power House/Chittaranjan Locomotive Works during office hours on any working day in the notified period or may be downloaded from CLW’s website www.clw.indianrailways.gov.in and cost of tender document may be deposited with the form of Demand Draft, Bankers cheque from any Nationalized Bank or Scheduled Bank should be drawn in favour of the FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER, CHITTARANJAN LOCOMOTIVE WORKS, CHITTARANJAN.

8. Validity of offer.

Tenderer shall keep his offer open for acceptance for a minimum period of 90 days from the date of opening of the tender.

9. Earnest money.

Tender shall submit along with this tender an amount of Rs.6540/- towards Earnest money in any

of the forms mentioned in Para 2.1 of part II. No interest will be paid on the earnest money. Offers received without earnest money will be summarily rejected.

10. Sales Tax Clearance Certificate Tenderer will require to mention VAT Registration No./ Sales Tax Registration No. in the offer.

11. Purchaser not bound to accept any tender.

The purchaser shall not be bound to accept the lowest or any other tender or to assign any reason for non-acceptance or rejection of a particular tender. The purchaser reserves the right to accept any tender in respect to the whole or any portion of work specified in the tender paper or to sub divide the work among different tenderers or to reduce the work or to accept any tender for less than the tendered quantities without assigning any reason whatsoever.

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

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12. Submission of tender.

The tender, duly sealed and superscripted complete in all respect addressed to Dy. Chief Electrical Engineer (Maint) /Central Power House/CLW/Chittaranjan – 713331 and to be dropped at Tender Box at Office of the Controller of Stores, Chittaranjan Locomotive Works, Deshapran Shasmal Road, Tollygunge Metro railway Car Shed, Kolkata- 700040 before 11.30 hrs. on the notified date. Tender received after this time and date will be rejected. The Tenderer may drop their tenders in tender box specially allotted for the purpose and place in the office of said officer mentioned above or send the tenders by the registered Post to the address of said officer.

13. Opening of tender.

The tender will be open at 12.00 hrs. on the notified date in the presence of such tenderers who may like to be present.

14. Clarification.

Should a Tenderer find any discrepancies in or omission from the drawing or any of the tender documents or should be in doubts as their meaning he should at once notify to the authority inviting tenders who may send written instructions to all tenderers. It should be understood that every endeavor has been made to avoid any error which may materially affect the basis of tender and the successful tenderer should take upon himself and provide for the risk of any error which may subsequently be discovered and shall make “No Claim” on account thereof.

15. Splitting up of rates.

The rates quoted for the job should be strictly as per the provision made in the schedule. Splitting up of the job and quoting of rates therefore may result cancellation of the tender.

16. Address to Tenderer.

The tenderer shall state in the tender his postal address and the letter posted to this address shall deem to have reach the tenderer duly and in time.

17. Contract Agreements:

Successful tender will be required to execute an agreement in the prescribed proforma as at form –10, by submitting Performance Guarantee within 30 days of the date of issue of the letter of acceptance.

18. Security Deposit:

The successful tenderer shall also be required to submit a security deposit in term of clause 3.48 of Part-III of the contract.

19. Railways Relevant address

Railways relevant addresses for various purposes are as under: i) General correspondence and submission of tender Dy. Chief Electrical

Engineer/Central Power House/CLW/CRJ-713331. ii) Regarding Warranty deposit/Security Deposit:-

FA&CAO/Chittaranjan Locomotive Works/Chittaranjan

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Encl: As detailed in para.4

FORM –1 Indian Railway, Chittaranjan Locomotive Works, Chittaranjan

Tender Form TENDER

To The President of India Acting through the Deputy Chief Electrical Engineer (Maint) Chittaranjan Locomotive Works, Chittaranjan. 1. I/We ………………………………………………………………………….. have read the various conditions to tender attached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this Tender Open for acceptance for a period of 90(ninety) days from the date fixed for receiving the same and in default thereof. I/We will be liable for forfeiture of my/our “security deposit”. I/We offer to do the works of at the rate quoted in the attached schedule and hereby bind myself/our self to complete the work within a period of ……………………. Days/months from the date of issue of the letter-communicating acceptance of my/are tender. I/We also hereby agree to abide by the general. Special & Technical specifications and additional special conditions of contract and to carry out the work according the specifications for material and works lay down by the Railway for the present contract. 2. The Tenderer whose tender is accepted shall be required to appear at the office of General Manager, Chief Electrical Engineer, Dy. Chief Electrical Engineer of divisional/district engineer as they may be in person or if a firm or corporation a duly authorized representative shall so appear and to execute the contract documents within 15 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender shall stand forfeited without prejudice to any other rights or remedies. 3. In the event of any tenderer whose tender is accepted shall refuse to execute the contract documents as herein before provided the railway may determine that such tender has abandoned the contract and thereupon his tender and acceptance thereof shall be treated as cancelled and the railway shall be entitled to forfeit full amount of the earnest money and recover the liquated damages or such default. 4. Until formal agreement is prepared and executed the acceptance of this tender shall constitute a binding contract between us as indicated in the letter of acceptance of my/are offer for the works.

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*5. I/We produce herewith the Demand Draft/Banker’s Cheque/Fixed Deposit Receipt no……………………………… dt. ………………………. for the Rs…………………………… of the …………………………………………………………………………………….. as deposit of earnest money of Rs. …………………………………………………………………………..

6. I/We have already made the standing earnest money deposit of

Rs……………………………………………………………………………………………. with the Chittaranjan Locomotive Works for my enlistment as an approved contractor in category ……………………………… and as such no fresh earnest money is being deposited with the tender. I/We further agree and declare that in case I/We failed to abide by the condition for keeping the offer for 90 days. I/We shall have no objection to the forfeiture of the security deposit portion of the earnest money amount Rs. ………………………………….. and also in case of my/our default in executing the contract documents within the time limits given in para –II above. I/We shall beg to no objection to the forfeiture of the full value of earnest money of Rs…………………….. without prejudice to any rights or remedies of the railways and the said amount may be released by the President of India also from my/our said lump sum deposit of Rs……………………. As standing earnest money.

*Strike out and initial the para which do not concern the Tenderer ( to be filled by the Tenderer) NAME: …………………………………………………………………………….. Address: …………………………………………………………………………... …………………………………………………………………………… ………………………………………………………………………….. Signature of witnesses to the signature of Tenderer(s) 1. …………………………… Name :…………………………………………… Address:………………………………………….. 2……………………………. Name :……………………………………………. Address: ………………………………………….

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FORM-5 TENDERER’S CREDENTIAL

Please fill in the questionnaire below:- 1(a) Give details of your previous experience on supply, installation of similar equipment (Give

particulars of order and customer) (b) Give particulars of orders under execution by your firm. 2. Give details of technical personnel employed by you and brief, note about their qualification

and experience. 3. Give the name of manufacturers from whom supply is a assured. 4. Give the name of your Banker’s and their reference.

Note :_ This Form shall be precisely and with full details.

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Chittaranjan Locomotive Works

P.O. Chittaranjan, Dist. Burdwan

PART-1

REGULATIONS FOR TENDER

1.1 Tender papers:

The regulations and conditions for Tender, General and special condition of contract, supplementary condition

of contract and specification, along with schedule of requirement included in part I to VI shall hereafter be

collectively referred to as Tender papers.

1.2 Meaning of Terms:

In this regulation for tenders and contracts the following terms shall have the meanings assigned here under

except where the context otherwise requires:-

a) “Railway” shall mean the President, Union of India or General Manager or Administrative officer of Chittaranjan

Locomotive Works, Chittaranjan or of successor railway authorized to invite tenders and enter into contract for

works on behalf of the President.

b) “Successor Railway” shall mean and include such other railway to which for administrative or other reasons this

contract may during its pendency be transferred

c) “General Manager” shall mean the officer in administrative charge of Chittaranjan Loco Works and include the

General Manager of successor Railway.

d) “Chief Electrical Engineer” means the Officer in-charge of the Electrical Work is in Chittaranjan Locomotive

Works, Chittaranjan and includes Chief Electrical Engineer of successor Railway.

e) “Engineer” shall mean the Dy. Chief Electrical Engineer/Con. Or Dy. Chief Electrical Engineer/Maint.CLW and

shall inspector the superior officers of Electrical department at CLW or successor Railway

f) “Engineer’s Representative” shall mean the assistant/Sr. Electrical Engineer in direct charge of the work and

shall include any Inspector or supervisor working under him and shall include any Inspector or supervisor

working under him and shall include Engineer representative of successor railway.

g) “Specification” shall mean the technical specification for materials process and testing of products referred to in

part V of Tender documents as may be revised or superseded by special specification.

h) “Drawing” shall mean the maps, drawing, plans and prints there of annexed to the contract and shall include any

modification of such drawings as may be issued by the Engineer from time to time.

i) “Period of maintenance” shall mean the specified period of maintenance from the date of completion of the

work as certified by the Engineer.

i) “Month” means any consecutive period of 30 days

j) “Schedule of Requirement” CLW shall mean the schedule of requirement issued under the authority of Chief

Electrical Engineer.

1.3 Singular & Plural

Words importing the singular number shall also include the plural and vice-versa where the context as requires.

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1.4 Interpretations:

This regulation, for tender, shall be read conjunction with conditions of tender general condition of contract as

well as the general and special condition of contract for works which are referred to herein and shall be subject

to modification, addition or supersession by supplementary condition of contract and/or specification, if any,

annexed to tender forms.

1.5 Contractor’s credentials:-

a) Documents to be submitted

(i) Tenderers should submit authenticated certificates along with the Tender Form from Officer(s) of Government/

Public Sector Undertakings under whom the works have been executed indicating there in the name of works

executed, value of works/ payment details and period during which completed. Such certificates should have

signature and the seal of the Officer(s).

(ii) Tenderers should have valid Electrical Contractor’s License and Supervisor’s Certificate of competency, copy

of which should be submitted along with tender offer and should have experienced of similar type of work in

Railway or other Govt. undertaking units

(iii) Tenderer should have valid Supervisors certificate of competency. Copy of which should be submitted along

with tender offer.

1.6 Care in submission of tenders:

a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection of the site

and locality of the works, that all condition liable to be encountered during the execution of the works are taken

into account and that the rates he enters in the ender forms are adequate and all inclusive to accord with the

provision in clause 3.46 of General and Special condition of contract Part III for the completion of works to the

entire satisfaction of the engineer.

b) When work is tendered to do by a firm or company of contractors, the tender shall be signed by Individual, legally

authorized to enter into commitments on their behalf.

1.7 FORM OF TENDER

a) All the documents to be submitted in connection with this tender should be signed in English or in Hindi and in

ink.

b) The tender shall be submitted in the prescribed form annexed hereto. The rate wherever quoted, must be clearly

written in figure and in words in the rate quoted, no fraction is permitted. The rate quoted must be firm, precise

and unconditional.

c) Dimension, weight etc. shall be quoted ‘IN METRIC SYSTEM.

d) The tender not submitted along with the following documents will be summarily rejected. Each copy of the

tender shall consist of the following:

1) Tender Form.

2) Details of contract for similar works executed, if any.

3) Any other technical information, the tenderer may wish to furnish.

4) Deposit receipt/cash receipt/Demand drafts for the earnest money in original.

5) Current Income Tax and sales tax clearance certificate.

6) Contractor’s license no. and copy of license issued by State Govt. Director of Electrical.

7) Valid supervisor certificate of competency and declaration by the supervisor that he is on the role of

tenderer.

8) Banker’s certificate in respect of financial capability to execute the work.

e) Any clarification required by the tender may be obtained from the Engineer/CLW.

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1.8 NOTE

i) The tender paper duly signed in ink by the tenderer on each and every page in token of his having

studied the same carefully shall be submitted.

ii) Deviation from the tender paper will not normally be agreed to.

iii) The tenderer shall indicate the schedule of time for completion of work, with reference to the date of

issue of the acceptance letter regarding placement of contract.

iv) If any item is excluded by the tenderer submitting this tender the tender is likely to be rejected.

v) The tender documents are not transferable.

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PART – II

CONDITION OF TENDER

2.1 Manner of Deposit of Earnest money:

The total sum of earnest money as indicated in “Instruction to tenderers” constitutes the earnest money for the

tender. The deposit of earnest money may be made in cash or in any of the following forms;

i) Deposit Receipt, Pay Order, Demand Draft, banker’s cheque of STATE BANK OF INDIA or any of the

Nationalised Bank or Scheduled Bank.

ii) The bank concerned lodges with the Reserve Bank of India requisite securities namely cash deposits of Govt.

securities in respect of the guarantees executed by it and Reserve Bank of India advice the Railway that the

bond may be accepted.

iii) Govt. securities (Stock certificate, Bearer Bonds, promissory notes, cash certificate) will not be accepted.

Pursuant to Rly. Bd.’s letter No. 88/CE-1/CT/1(Vol.II) dated 6.8.96 Standing Earnest Money/Earnest Money in

the form of Guarantee Bonds; Government Securities (Stock Certificates, Bearers Bonds, Promissory notes,

Cash Certificates) will not be accepted. In case the tenderer withdraw his offer within validity date of his offer

or failure to undertake the contract after acceptance of his tender the full amount of Earnest Money deposited

will be forfeited.

2.2 Authority in whose favour the deposit of earnest money, security deposit and Performance guarantee

shall be made.

a) “Deposit receipt” /”Pay order”/”Demand Draft”/Banker’s Cheque” towards deposit of earnest money for the

tender should be drawn in favour of the FINANCIAL ADVISER & CHIEF ACCOUNTS OFFICER,

CHITTARANJAN LOCOMOTIVE WORKS, CHITTARANJAN.

b) Deposit of earnest money in cash should be made to the Asstt. Chief Cashier, CLW at Chittaranjan but before

making the deposit, an authority slip should be obtained from the Office of Electrical

Engineer/CLW/CHITTARANAJN. It should be clearly noted that without the authority slip the deposit of

earnest money in cash shall not be accepted by the Asstt. Chief Cashier.

(c) The performance guarantee in the form of irrevocable bank guarantees amounting to 5% of the contract value.

The performance guarantee should be furnished by the successful contractor after the letter of acceptance has

been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period of

12 months + a claim period of further 6/12 months as applicable and details mentioned in clause 4.10 of Part-

IV.

The total amount of earnest money notified in the tender shall constitute as the initial security deposit

for keeping the offer open for the period specified in the “tender”. It shall be understood that the tender

documents have been issued to tender and tender and tender has been permitted to tender for the works/supply

in consideration of the stipulation on his part that after submitting his tender the tender will not be resilient from

his offer of modify the terms and conditions thereof in a manner not acceptable to the Railway. Should the

tenderer failed to observe or comply with the foregoing stipulation, the initial security deposit mentioned herein

above shall be forfeited to the railway.

(d) If the tenderer whose tender has been accepted does not execute the contract agreement within 15 days(fifteen)

after receipt of notice issued by the Railway that the contract has been awarded to him OR does not commence

the work after receipt of order to that effect, the full value of the earnest money with the tender shall without

prejudice to any rights, remedies available, be forfeited to the Railway.

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(e) The contractor should collect the proforma of security deposit for the purpose from the office of Engineer for

correct execution and submission.

(f) The earnest money of the unsuccessful tenderer, as herein before provided, shall be refunded to the un

successful tender as early as possible.

2.3 RIGHT OF RAILWAY TO DEAL WITH TENDERS

i) It shall not be obligatory for the Railway to accept the lowest tender and no tenderer shall demand any

explanation for the cause of rejection of his tender. The Railway reserves the right to accept any tender in

respect of the whole or any portion of the work specified in the tender paper or to sub divides the work among

the different tenderers to reduce the work or to accept any tender for less than the tenderer quantities without

assigning any reason whatsoever.

ii) If the tenderer deliberately gives wrong information in his tender or create circumstances for acceptance of his

tender the Railway reserve the right to reject such tender at any stage.

iii) If a tenderer expires after the submission of his tender or after the acceptance of his tender, the Railway shall

deem such tender as cancelled. If partners of a firm expire after the submission of the tender or after the

acceptance of the tender, the Railway shall deem such tender as cancelled unless the firm retain its character.

2.4 Application of contract act 1872:

The contract act is normally guided by the following:

i) Indian contract act 1872

ii) General conditions of contract, regulation act instructions for tenders and standards Forms of contract 1989.

In case of conflict between CLW “Electrical department” condition of contract and provision of general

condition of contract 1989 as mentioned above on any point or in respect of any terms and conditions, the

general condition of contract 1989 shall prevail.

2.5 Submission of CREDENTIAL:

Attested copies of documents testifying to the tenderer previous experience and financial status should be sent

with the tender and the original produce when desired by the Railway.

2.6 Submission of Tenders.

The tender, duly sealed and superscripted complete in all respect addressed to Dy. Chief Electrical Engineer (Maint) /Central Power House/CLW/Chittaranjan – 713331 and to be dropped at Tender Box at Office of the Controller of Stores, Chittaranjan Locomotive Works, Deshapran Shasmal Road, Tollygunge Metro railway Car Shed, Kolkata- 700040 before 11.30 hrs. on the notified date. Tender received after this time and date will be rejected. The Tenderer may drop their tenders in tender box specially allotted for the purpose and place in the office of said officer mentioned above or send the tenders by the registered Post to the address of said officer.

2.7 Non-compliance

Non-compliance with any of the conditions set forth herein above is liable to result in tender being rejected.

2.8 Authority for Acceptance The authority for the acceptance of the tender will rest with the General Manager, Chittaranjan Locomotive

Works, Chittaranjan-713331, or any subordinate officer authorized by him.

2.9 Execution of Agreement.

The successful tenderer shall be required to execute an agreement with President of India acting through the

Senior/Deputy Chief Electrical Engineer/CLW within 30 days or receipt of acceptance letter and payment

security deposit, as indicated in clause 3.48 of Pt.III contract for carrying out the work according to general and

special conditions for contract supplementary condition of contract and specification.

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2.10 Period of validity of offer.

The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of the tender,

within which period the tenderer can not withdraw his offer subject to the period being extended further, if

required by mutual agreement from time to time.

2.11 Negotiation.

Should the Railway decide to negotiate, with the view, to bring down the rates, the tenderer called for

negotiation should furnish the following form of declaration before commencement of negotiations. “I/We

…………………………….. do declare that in the event of failure of contemplated negotiation relating to

tender number……………………………………….. opened on …………………………. My original tender

shall remain open for acceptance on its original items and conditions up to 90 days from the date of negotiation”

2.12 Employment of retired Railway officials by the tenderer.

Should a tenderer be a retired engineer of the gazetted rank, or any other gazetted officer, working before his

retirement, whether in the executive or administrative capacity, or whether holding a pension able post, or now

in the electrical department of any of the railways owned an administered by the President of India for the time

being, or should a tenderer, being partnership firm, have as one of its partners a retired engineer or a retired

gazetted officer as foresaid, or should a tender being an incorporated company have any such retired engineer,

or a retired officer as one of its Director, or should tender, have in his employment, any retired engineer, or

retired gazetted officer as foresaid, the full information as to the date or retirement of such engineer or gazetted

officer from the said service and in cases where such engineer or officer had not retired from government

service at least two years prior to the date of submission of the tender as to whether permission for taking

such contract, or if the contractor be a partnership firm or an incorporated company to become a partner or

director as the case may be or to make employment under the contractor has been obtained by the tenderer or

the engineer or the officer as the case may be from the President of India or any officer duly authorized by him

in this behalf shall be clearly stated in writing at the time of submitting the tender. Tenderers without

the information above referred to or a statement to the effect that no such retired engineer or retired gazetted

officer is so associated with the tenderer as the case may be shall be rejected.

2.13 Railway official as tenderer’s relatives.

Should a tenderer or contractor being an individual on the list of approved contractors have relative employed in

gazetted capacity in ………………………………………………………………………….

…………………………………………………………………………………………………………………Elec

trical department of the Chittaranjan Locomotive Works, Chittaranjan or in the case of a partnership firm or

company incorporated under the Indian company Law should partner or a relative of the partner or a share

holder or the relative of the share holder being employed in gazetted capacity in the ……………

……………………………………………………………………………………….Electrical department,

Chittaranjan Locomotive Works, Chittaranjan, the authority, inviting tenders shall be informed of the fact at the

time of submission of tenders, failing which the tender may be rejected or if such fact subsequently comes to

light, the contract may be rescinded in accordance with the provision in the general condition of the contract.

2.14 Errors, omissions and discrepancies in Tender Document Tenderer’s Risk.

Should the tender find this discrepancies in, or omissions from the drawings or any of the tender forms or

should he be in doubt as to their meaning, he should at once notify the authority, inviting tenders, who may send

written instructions to all tenders. It shall be understood that every endeavour has been made to avoid errors

which can materially affect the basis of the tender and successful tenderer shall take upon himself and provide

for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account

thereof.

2.15 Rate to cover Taxes and etc.

For any job which involves supply of materials by the Contractor at his own cost the rate quoted shall be

inclusive of all taxes, charges, octroi and etc. complete. Nothing extra is payable by the Railway over and above

the rate quoted for the job.

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PART-III

GENERAL AND SPECIAL CONDITIONS OF CONTRACT

3.1 Execution Correlation and Intent of Contract Documents

The contract documents shall be signed in sufficient number of copies by the Railway and the contractor. The

contract documents are complementary and what is called for by any one shall be as binding as if called for by

all; the intention of the documents is to include all labor and materials, equipment and transportation charges

necessary for the proper execution of the works. Materials or work not covered by or properly inferable from

any heading or class of the specifications shall not be supplied by the Railway to the contractors unless

distinctly specified in the contract documents.

3.2 Service of notice on contractor

The contractor shall furnish to the Engineer the name, designation and address of his authorized agent and all

complaints, notices, communications, and references shall be deemed to have been duly given to the contractor,

if delivered to the contractor or his authorized agent. In the case of contract by partners, any change in the

constitution of the firm shall be forthwith notified by the Contractor to the Engineer.

3.3 Allotment of Railway Land for Labour Camp Go down etc.

Suitable sites of Railway land, if available, may be allotted to the Contractor free of charges for the erection of

temporary labour camps, go downs etc. but the Contractor should be prepared to remove all these structures and

make good the land thus allotted to the Railway, on receipt of two weeks’ notice in writing should any necessity

arises for utilization of such land for any other purpose of Railway, without claiming any compensation thereof.

If the Contractor fails to remove such camps & structures within two weeks of service of notice, the Railway

will be at liberty to have these structures and camps demolished without being liable for shortages and/or

damages to Contractor’s property if there be any and the site cleared by any other agency and to recover the

expenditure incurred therein from any dues of the Contractor outstanding with the Railway.

3.4 Supply of Electric Power by the Railway

Electric connections at 400/300 V required at the site for the purpose of execution of the works may be

provided by the Railway from the nearest available poles. All charges for the installation of Electric connections

from the poles to the sites of the works including Boards, switches, meters etc. and also the charges for Electric

current consumption at the rates as may be fixed by the Railway from time to time shall be borne by the

Contractor.

3.5 Accommodation

The Contractor shall at his own expense make adequate arrangements for the housings for his staff and

workmen directly or through petty Contractors or sub-constructor employed on the work and for temporary

croche (Bal Mandir) where 50 or more women are employed at a time. Suitable sites on Railway land, if

available, may be allotted to the Contractor for the erection of labour camps.

3.6 Treatment of Contractor’s staff in Railway Hospitals

The Contractor and his staff, other than labourers and their families requiring medical aid from the Railway

Hospitals and dispensaries will be treated as private parties and charged accordingly.

3.7 Contractor’s Liability to obtain Security Permits

Chittaranjan is a protected area entry into this is restricted by issue of Security Permit which is controlled by the

Senior Security Commissioner (RPF)/CLW/Chittaranjan. The Contractor should therefore, arrange to obtain

Security Permits of his own as well as his Labours, Supervisors, Engineer etc. well in advance and they should

observe all Rules & Regulations formulated by the Railway from time to time in this respect. The Security

Permits are also required for the materials, machines, and other accessories if any.

3.8 Operation of vehicles on CLW Roads & other places

In connection with operation of vehicles for transport of materials, the Contractor should observe all Rules &

Regulations for running the vehicles, formulated by the provincial Government and the Railway from time to

time. Speed restrictions should be carefully observed on roads.

The Railway reserve the right to deduct cost of damages to roads, structures & any other assets caused by the

Contractor. Administration’s decision in respect of recovery of the amount of cost of such damages shall be

final and binding on the Contractor.

3.9 Acceptance of issue of note for supply of Railway materials.

The Contractor shall accept the issue notes for the materials supplied to him by the Railway immediately on

supply.

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3.10 Settlement of discrepancy in the issue of Railway materials.

Any discrepancy or dispute that may arise regarding the quantity or quality of the materials supplied by the

Railway should be settled in the course of the 10 days, all arrears cleared and un-conditional receipts given

and/or taken.

3.11 Contractor’s responsibility for safe custody of Railway’s materials

The Contractor shall be responsible for the safe custody of all Government materials issued to him and shall

duly account for them. He shall take adequate precautions against their loss, destruction, damage and/or

deterioration from whatever cause.

3.12 Causing damages to Railway’s equipment, machines, Private Life and Property etc. by the Contractor.

Any damage caused to equipment, machines and other assets during the period of work shall be made good by

the Contractor to the extent determined by the Railway, failing which, the Railway will be at liberty to realize

such costs from the Contractor in any manner whatsoever.

3.13 Supply of materials by Railway

Unless otherwise stated in the description of job provided in the “Schedules for the works, all rates quoted must

be inclusive of supply of all materials required for proper execution of the works as per the specifications.

Where the Railway is liable under the contract for supply of any materials for the works, the materials shall be

supplied by the Railway to the contractor at the Railway’s Godown/store yard free of cost and the contractor

shall transport the materials by the Railway shall be made for the calculated requirements only and in a

progressive manner keeping in view of the progress of the works made by the Contractor.”

3.14 Assistance to the Contractor.

The Contractor shall not, accept to the extent specified/agreed to by the Railway in the acceptance of the tender,

be entitled to assistance either in the procurement of raw materials, labour or transport facilities required for the

fulfillment of the contract.

3.15 Contractor to execute work with diligence and expedition.

The Contractor shall execute the work with the diligence and expedition, should he refuse or neglect to comply

with any reasonable orders given to him in writing by the Railway in connection with work, or contravene the

provisions of the contract, the Railway shall be at liberty to give 07 days’ notice followed by 48 hrs. notice in

writing to the contractor requiring him to make good the neglect or contravention complained of and should the

Contractor fail to comply, with the requisitions made in the notice within 07 days from that date, it should be

lawful for the Railway to take the work wholly or in part out of the Contractors hand without any further

reference and get the work or any part there of as the case may be, completed by the Railway or other agencies

at the expenses of the Contractor without prejudice to any other rights or remedies of the Railway in this regard.

3.16 Rates for extra items of works.

Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the

accepted schedule of rates shall be executed at the rates agreed upon between the Engineer and the Contractor

before the execution of such items of works. The Contractor shall be bound to notify the Engineer atleast 07

days before the necessity arises for the execution of such item of work that the accepted schedule of rates does

not include. The rates payable for such items shall be decided at the meeting to be held between the Engineer

and the Contractor in as short a period as possible after the need for the special item has come to the notice. In

case the Contractor fails to attend the meeting after being notified to do so or in the event of no settlement being

arrived at, the Railway shall be entitled to execute the extra works by the means and the Contractor shall have

no claim for loss or damage that may result from such procedure, provided that if the Contractor shall

commence work or incur any expenditure in regard thereto before the rates shall be determined as lastly hereon

to fore mentioned, then and in such a case the Contractor shall only be entitled to be paid in respect of the works

carried out or expenditure incurred by him prior to the date of rates as aforesaid according to the rates as shall

be fixed by the Engineer.

However, if the Contractor is not satisfied with the decisions of the Engineer in the respect, he may appeal to

the Chief Electrical Engineer within 20 days of getting the decisions of the Engineers supported by the analysis

of rates claimed. The Chief Engineer’s decisions after hearing both the parties in the matter shall be final and

binding on the Contractor and the Railways.

3.17 Force Majeure Clause: If at any time, during the continuance of this contract, the performance in whole or in

part by either party of any obligation under this contract shall be prevented or delayed of any war, hostility, acts

of public enemy, civil commotion, sabotage, serious loss or damage by fire, explosions, epidemics, strikes,

lockouts or acts of God(hereinafter, referred to events) provided, notice of the happening of such event is given

by either party to the other within 30 days from the date of occurrence thereof, neither party shall by reason of

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such event, be entitled to terminate this contract nor shall either party have any claim for damages against the

other in respect of such non performance of delay in performance, and works under the contract shall be

resumed as soon as practicable after such event has come to an end or ceased to exist, and the decision of the

Engineer as to whether the works have been so resumed or not shall be final and conclusive, provided further

that if the performance in whole or in part of any obligation under this contract is prevented or delayed by

reason of any such event for a period exceeding 120 days, either party may at its option terminate the contract

by giving notice to the other party.

3.17-A Subject to any requirement in the contract as to completion of any portions or portion of the works before

completion of the whole, the contractor shall fully and finally complete the whole of the works comprised in the

contract (with such modifications as may be directed under conditions of this contract) by the date entered in the

contract or extended date in terms of the following clauses:-

(i) If any modifications have been ordered which in the opinion of the Engineer have materially increased in the

magnitude of the work, then such extension of the contract date of completion may be granted as shall appear to

the Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall be responsible

for requesting such extension of the date as may be considered necessary as soon as the cause thereof shall arise

and in any case not less than one month before the expiry of the date fixed for completion of the works.

(ii) If in the opinion of the Engineer the progress of work has any time been delayed by any act or neglect of

Railway’s employees or by other contractor employed by the Railway under sub clause (4) of clause 20 of

Railway Board’s GCC of these conditions or in executing the work not forming part of the contract but on

which contractor’s performance necessarily depends or by reason of proceeding taken or threatened by or

dispute with adjoining or to neighboring owners or public authority arising otherwise through the Contractor’s

own default etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the

contractor not having received in due time necessary instructions from the Railway for which he shall have

specially applied in writing to the Engineer or his authorized representative then upon happening of any such

event causing delay, the Contractor shall immediately give notice thereof in writing to the Engineer within 15

days of such happening but shall nevertheless make constantly his best endeavors to bring down or make good

the delay and shall do all that may be reasonably required of him to the satisfaction of the Engineer to proceed

with the works. The contractor may also indicate the period for which the work is likely to be delayed and shall

be bound to ask for necessary extension of time. The Engineer on receipt of such request from the contractor

shall consider the same and shall grant such extension of time as in his opinion is reasonable having regard to

the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall

be payable for works so carried forward to the extended period of time, the same rates, terms and conditions of

contract being applicable as if such extended period of time was originally provided in the original contract

itself.

(iii) In the event of any failure or delay by the Railway to hand over the Contractor possession of the lands necessary

for the execution of the works or to give the necessary notice to commence the works or to provide the

necessary drawings or instructions or any other delay caused by the Railway due to any other cause whatsoever,

then such failure or delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the

contractor to damages or compensation therefore but in any such case, the Railway may grant such extension or

extensions of the completion date as may be considered reasonable.

3.17-B Extension of time for delay due to contractor :-

The time for the execution of the work or part of the works specified in the contract documents shall be deemed

to be the essence of the contract and the works must be completed not later than the date(s) as specified in the

contract. If the contractor fails to complete the works within the time specified in the contract for the reasons

other than the reasons specified in clause 3.17 and 3.17-A, the Railway may, if satisfied that the works can be

completed by the contractor within reasonable short time thereafter, allow the contractor for further extension of

time (Performa Annex –I) as the Engineer may decide. On such extension the Railway will be entitled without

prejudice to any other right and remedy available on that behalf, to recover from the contractor as agreed

damages and not by way of penalty sum equivalent to ½ of 1% of the contract value of the works for each

week or part of the week.

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For the purpose of this clause, the contract value of the works shall be taken as value of work as per contract

agreement including any supplementary work order/ contract agreement issued. Provided also, that the total

amount of liquidated damages under this condition, shall not exceed the under noted percentage value or total

value of the item or groups of items of work for which a separate distinct completion period is specified in the

contract.

(i) For contract value up to Rs. 2 lakhs 10% of the total value of the contract.

(ii) For contract value above Rs. 2 lakhs 10% of the first Rs. 2 lakhs and 5 % of the balance

Further competent authority while granting extension to the currency of the contract under clause 17(B) of

Railway Bd’s GCC may also consider levy of token penalty as deemed fit based on the merit of the case.

Provided further, that if the Railway is not satisfied that the works can be completed by the Contractor and in

the event of failure on that part of the contractor to complete the work within further extension of time allowed

as aforesaid, the railway shall be entitled without prejudice to any other right or remedy available in that behalf,

to appropriate the Contractor’s security deposit and rescind the contract under clause 62 of Railway Bd’s GCC

conditions, whether or not actual damage is caused by such default.

3.18 Instructions of Engineers Representative

Any instructions or approval given by the Engineer’s representative to the Contractor in connection with the

works shall bind the Contractor as though it had been given by the Engineer provided always as follows:

a) Failure of the Engineer’s representative to disapprove and work or materials shall not prejudice the power

of the Engineer thereafter to disapprove such work or materials and to order the removal or breaking up

thereof.

b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer’s representative, he shall be

entitled to refer the matter to the Engineer who shall thereupon confirm or modify such decision.

3.19 Meaning and intent of specification and drawings.

If any ambiguity arises as to the meaning and intent of any portion of the specification and drawings or as to

execution or quality of any work or material or as to measurements of the works, the decision of the Engineer

thereof shall be final subject to appeal (within 10 days of such decisions being intimated to the contractor) to the

Chief Electrical Engineer/Deputy Chief Electrical Engineer (Maint).

3.20 Provision of efficient competent staff/Engineer.

The contractor shall place and keep on the works at all time efficient and competent staff to give the necessary

direction to his workmen and to see that they execute their work in sound and proper manner and shall employ

only such supervisors, engineer workmen and labourers, in or about execution of any of the works as are careful

and skilled in their various trades and callings. The contractor shall at once remove from the works any agents,

permitted sub-contractor, supervisor, Engineer and if and whenever required by the Engineer, he shall submit a

correct return showing the names of all staff and workmen employed by him. In the event of the Engineer being

of the opinion that the Contractor is not employing on the works a sufficient number of staff and workmen as is

necessary for the proper completion of the works within the time prescribed, the Contractor shall forthwith on

receiving intimation to this effect take on the additional number of staff and labour specified by the Engineer

within seven days of being so required and failure on the part of the Contractor to comply with such instructions

will entitle the Railway to rescind the Contract under Clause 3.52 of these conditions.

3.21 Facilities for inspection.

The Contractor shall afford the Engineer and the Engineer’s representative every facility for entering in and

upon every portion of the work at all hours for the purposes of inspection or otherwise and shall provide all

labours, materials, plants, appliances etc. required for the purpose.

3.22 Tools, Plant and Materials supplied by Railway.

The Contractor shall take reasonable care of all tools, plant and materials or other property belonging to the

Railway and committed to his charge for the purpose of the works and shall be responsible for all damage or

loss caused by him, his agents, permitted Sub-Contractor or his workmen or others while they are in his charge.

The Contractor shall sign accountable receipt for tools, plant and materials made over to him by the Engineer

and on completion of the works shall hand over the unused balance of the same to the Engineers in good order

and repair free, wear and tear expected and shall be responsible for any failure to account for the same or any

damage done thereto.

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3.23 Hire or Railway Plant.

The Railway may give on hire, if available; to the Contractor such plant and machinery as may be required for

the execution of the works on such terms and conditions which should be agreed to by the Railway and the

Contractor before-hand through a separate agreement.

3.24 Handing over of works.

The Contractor shall be bound to hand over the works executed under the Contract to the Railway, complete in

all respects, to the satisfaction of the Engineer. The Engineer shall determine the date on which the work is

considered to have been completed, in support of which his certificate shall be regarded as sufficient evidence

for all purposes. The Engineer shall determine from time to time the date on which any particular section of the

work shall have been completed and the contractor shall be bound to observe any such determination of the

Engineer.

3.25 Power of Modification to contract.

The Engineer on behalf of the Railway shall be entitled by order in writing to enlarge or extend, diminish or

reduce the works or make any alterations in their design, character, position, site quantities, dimensions or the

method of their execution or in the combination and use materials for the execution thereof and to other any

additional works to be done or any works not to be done the Contractor will not entitled to any compensation

for the actual for the actual amount of work done and for approved materials furnished against a specific order.

3.26 Measurement certificates and payments, quantity in schedules annexed to contract.

The quantities set out in the accepted schedule of rates with items of works quantified are the estimated

quantities of the works and they shall not be taken as the actual and correct quantities of the works to be

executed by contractor in fulfillment of his obligations under the contract.

3.27 Measurement of works.

The Contractor shall be paid for the works at the rates in the accepted schedule of rates and for extra works at

rates determined under clause 3.16 on the measurements taken by the Engineer’s representative in accordance

with the rules.

3.28 Maintenance of works.

The Contractor shall at all times during the progress/and continuance of the works and also for the period of 12

months after completion of work be responsible for all and every part of the works and shall make good from

time to time any damage or defect that may during the above period arise in or be discovered or be in any way

connected the works.

3.29 Certificate of completion of works.

As soon as in the opinion of the Engineer the works shall have been substantially completed and shall have

satisfactorily passed any final test of tests that may be prescribed, the Engineer shall issue a certificate of

completion in respect of the works and the period of maintenance of works shall commence from the date of

such certificate, provided that the Engineer may issue such a certificate with respect to any part of the works

before the completion of the whole of the works or with respect to any substantial part of the works which has

been both completed to the satisfaction of the Engineer and occupied or used by the Railway and when any such

certificate is given in respect of a part of the works and such part shall be considered as completed and the

period of maintenance of such part shall commence from the date of such certificate.

3.30 With-holding of payment for non production of I.T.C.C. & S.T.C.C. DELETED

3.31 Observance of official secret act.

All drawings supplied to the contract by the Railway are confidential and the same must be strictly confined to

the contractor’s own use (except so far as confidential disclosure to Sub-Contractors, suppliers is necessary) and

to the purpose of the contract. They should have to strictly abide by the I.E. Act at every step wherever required.

3.32 Recovery of advance Income Tax. Advance Income Tax will be recovered from each bill drawn in favour of the Contractor at the rate of prevailing

percent and surcharge thereon of the amount billed for payment to the Contractor and the amount recovered will

be credited to concerned Income Tax Authority. The recovery of advance Income Tax shall however not be

made if the Contractor produces orders of the Competent Authority of the Income Tax Deptt. that advance

Income Tax is not recoverable from the Contractor’s bills.

3.33 Submission of programme for execution of the work.

Within thirty days after he has been instructed to take up the work, the Contractor shall submit to the Engineer

for his approval detailed programme showing the sequence of items and activity of work and its expected date

of completion, procedure and method in which he proposes to carry out the works or wherever required by the

Engineer.

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3.34 Claim on account of variations in prices for labour & materials No claim will be entertained by the Railway for any fluctuation of market rates in respect of labour & material

and the rates accepted and entered into the Agreement shall hold good irrespective of any fluctuation of labour

and/ or materials cost (for works costing below Rs. 50 lakhs)

Price Variation Clause as per Rly. Bd’s Circular No. 85/WI/CT/7. Pt.-I, New Delhi Dt. 18/19-4-2006 (with

latest amendment) shall be applicable” (for works costing above Rs. 50 lakhs)

3.35 Contractor to arrange tools, plants etc.

All tools & plants and other accessories for the proper execution of the works shall have to be found and

arranged by the Contractor at his own costs.

3.36 Acceptance of materials statement by the Contractor

On completion of the work, material statement for Rly. Materials if issued to Contractor, should be reconciled

and finally accepted by the Contractor within 7 days of signing of final measurements, failing which the

Railway would be at liberty to pass the bill with the material statement made out by it as final and no claims or

disputes on this account will be entertained thereafter.

3.37 Documents to be produced by the successful tenderer

Within seven days of receipt of the letter of acceptance the successful tenderer shall produce before the

Engineer/CLW/Chittaranjan the following documents:

If the successful Tenderer is an individual carrying on business in a name other than his own, a duly sworn

affidavit (with 3 attested copies) declaration that he is the sole proprietor of the business.

If a partner firm three attested copies of Deed of partnership and certificate showing that the firm has been

registered with the Registrar of firms.

If a limited liability company, a copy of memorandum and Articles of Association showing the names of the

Directors of the company who are authorized to sign on behalf of the company.

Where the proprietors, partners or directors will not themselves attend to the work but some other person would

do so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,

variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and every

change in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,

Chittaranjan Locomotive Works/Chittaranjan.

If a limited liability company, a copy of memorandum and Articles of Association showing the names of the

Directors of the company who are authorized to sign on behalf of the company.

Where the proprietors, partners or directors will not themselves attend to the work but some other person would

do so, a proper power of attorney should be given authorizing. The constituted attorney to sign the contracts,

variations thereof, supplementary agreements, Measurements, bills, “NO CLAIM” certificates & etc and every

change in the Power of Attorney or withdrawal thereof should be immediately noticed to the Engineer,

Chittaranjan Locomotive Works/Chittaranjan.

3.38 Limitation of Railways Liability to accept change in Power of Attorney

The Railway will not be bound by any power of Attorney granted by the Tenderer or any changes in the

composition of the firm made subsequent to the execution of the contract. It may however, recognize such

power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the

Contractor.

3.39 Indemnification by the Contractor

Where a workman employed by the Railway has recovered compensation from the Railway in respect of injury

caused under circumstances which create a legal liability of the Contractor to pay damages in respect thereof,

the Contractor shall indemnify the Railway in respect thereof and the Railway shall be entitled to deduct from

any money due or to become due (Whether under this contract or any other contract) all money paid or payable

by the Railway by way of compensation as aforesaid or the cost of expenses in connection with the claim

thereto and the Contractor shall abide by the decision of the Railway as to the sum payable by the Contractor

under the provision of this clause.

3.40 Materials of approved quality to be used.

All materials to be used by the Contractor on the work shall be approved quality. The successful Tenderer shall

obtain the approval of site Engineer or his authorized representative for use of all such materials/equipments not

listed in annexure of Pt.-V or whose preferred makes are not mentioned in the technical specification Pt. V

before using them in execution of the work.

3.41 Acceptance of works.

When the execution of any work is completed in all respects, the Railway shall be informed in writing by the

Contractor and the Railway will arrange to get them inspected and tested at the cost of the Contractor. On being

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found satisfactory, the work shall be accepted such acceptance being communicated in writing to the

Contractor.

3.42 Works to be finally taken over.

The work shall not be deemed to have been finally taken over by CLW on the above mentioned acceptance vide

clause No.3.41. The Contractor shall be liable for replacement of any defective material or work whether arising

from faulty design, material, workmanship or otherwise, free of cost during warranty period of 12(twelve)

months.

3.43 Contractor’s liability.

The Contractor will be relieved of the liability arising under this contract wherever and to the extent to which

the fulfillment of any obligation under the contract is prevented; frustrated or impeded by reason of any

statutory rules, regulations orders or requisition issued by the Government Department or other competent

authority. The Railway will however, not be liable for any compensation to the Contractor, in any such

eventuality.

3.44 Cessations of Railways liability

The Railway shall not be liable to the Contractor for any matter arising out of or in connection with the contract

or the execution of the works unless the Contractor shall have made a claim in writing in respect thereof before

the expiry of warranty period.

3.45 Antilarval clause.

The Contractor shall be responsible for anti larval work at his cost during progress of works as may be

prescribed by the Engineer on the advice of the Railway Medical authority and where use of insecticides is

involved, it shall be done in accordance with the provision of the act and rules in this behalf at the cost of the

Contractor, who shall also be solely responsible for any acts or omissions under the provisions of the aforesaid

rules.

3.46 Price of stores shall include all rates, Taxes etc.

Save and except as specifically, stated and/or provided for in the tender papers and/or these special conditions

of Contract, the prices for stores etc. are also to include all rates, Taxes, levies, impositions and outgoings

whatsoever and the Railway shall have no liability for any of these charges. The rate of sales tax etc. charged

may be indicated. Railway is entitled to reduction of sales tax charge etc. against the submission of ‘D’ form

and the tenderer should quote rates accordingly.

3.47 Provision of payment of wages

The Contractor shall comply with the provisions of the payment of wages Act, 1936 and the rules made there

under in respect of employees directly or through petty Contractors or Sub-Contractors employed by him in the

works.

3.48(a) Security Deposit to be held against the contract

(1) The Earnest money deposited by the successful tenderer with his tender will be retained by the Railways as part

of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the

security deposit for which are given below., may be deposited by the Contractor in cash or may be recovered by

percentage deduction from the contractor’s “ On Account” bills. Provided also that in case of defaulting

contractor the railway may retain any amount due for payment to the Contractor on the pending “On Account

bills”, so that the amounts so retained may not exceed 10% of the total value of the contract.

(2) Unless otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode of

recovery shall be as under:-

(a) Security deposit for each work should be 5% of the contract value,

(b) The rate of recovery should be @ 10% of the bill amount till the full security deposit is recovered,

Security deposits will be recovered only from the running bills of the contract and no other mode of collecting

SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards security deposit.

The Security deposit, however, shall be released only after the expiry of the maintenance period and after

passing of the final bill passed on “No Claim” certificate issued by an officer not below the rank of JAG.

No interest will be payable upon the earnest money and security deposit or amounts payable to the contractor

under the contract, but Government securities deposited in terms of sub-clause (1) of the clause will be payable

with interest accrued thereon.

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3.48(b) Performance Guarantee. (P.G) as per Railway Board Letter No.2007/CE.I/CT/18 Pt.XII dated

31/12/2010, clause no. 16(4)

The procedure for obtaining performance guarantee is outlined below

(I)The successful bidder shall have to submit a performance Guarantee (PG) within 30 (thirty) days from the

date of issue of Letter of Acceptance (LOA) . Extension of time for submission of PG beyond 30 (thirty)

days and up to 60 days from the date of issue of LOA may be given by the Authority who is competent to

sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay

beyond 30 (thirty) days, i.e. from 31th day after the date of issue of LOA. In case the contract fails to submit

the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly

forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred

from participating in re- tender for that work.

(II) The successful bidder shall submit the performance guarantee (PG) in any of the following forms,

amounting to 5% of the contract value :-

(i) A deposit of cash.

(ii) Irrevocable bank guarantee.

(iii) Government Securities including State Loan Bonds at 5% below the market value,

(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance

Guarantee could be either of the State Bank of India or of any of the Nationalized Banks.

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;

(vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificate;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds;

(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less.

Also, FDR in favour of FA& CAO/ CLW/ Chittaranjan (free from any encumbrance) may be accepted.

NOTE: The instruments as listed above will also be acceptable for Guarantees in case of

Mobilization advance. (III) The performance guarantee shall be furnished by the successful contractor after the Letter of Acceptance has

been issued, but before signing of the agreement. This PG shall be valid up to the stipulated date of completion

plus 60 days beyond that. In case, the time for completion of works gets extended, the contractor shall get the

validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

(IV) The value of PG to be submitted by the contractor will not changed for variation up to 25% ( either increase or

decrease). In case during the course of execution, value of the contract increases by more than 25 % of the

original contract value , and additional PG amounting to 5 % ( five percent) for the excess value over the

original contract value shall be deposited by the contractor.

(V) The Performance guarantee shall be released after the physical completion of the work based on the

“Completion Certificate” issued by the competent authority stating that the contractor has completed the work

in all respects satisfactorily. The security deposit, however, shall be released only after the expiry of the

maintenance period and after passing the final bill based on “No Claim Certificate”.

(VI) Wherever the contracts are rescinded, the security deposit shall be forfeited and the performance guarantee shall

be encashed .The balance work shall be got done independently without risk and cost of the failed contractor.

The failed contractor shall be debarred from participating in the tender for executing the balance work. If the

failed contractor is a JV or a partnership firm, then every member/partner of such a firm shall be debarred from

participating in the tender for the balance work either in his/her individual capacity or as a partner or any other

JV/partnership firm.

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(VII) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which the

President of India is entitled under the contract (not withstanding and/ or without prejudice to any other

provisions in the contract agreement).

i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in

which event the Engineer may claim the full amount of the performance guarantee.

ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or

determined under any of the clauses/ conditions of the agreement, within 30 days of the service of notice to this

effect by Engineer.

iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be

forfeited in full and shall be absolutely at the disposal of the President of India.

3.49 Application & provision of contract labour (Regulation & Abolition) Act 1970 and the Central,

Rules 1971.

a) The Contractor shall comply with the provision of the contract labour (Regulation & Abolition) Act 1970 and

the contract labour (Regulation & Abolition) General Rules, 1971 as modified from time to time wherever

applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the

Rules.

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

commencement of the work. Any failure to fulfill this requirement shall attract the penal provisions of the

contract arising out of the resultant non-execution of the work.

c) 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 not withstanding the

provisions of the contract to contrary, cause to be paid wages to labour indirectly engaged on the work

including any engaged by his Sub-Contractors in connection with the said work, as if the labour had been

immediately employed by him.

d) In respect of all labour directly or indirectly employed in the work 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 Rule wherever applicable.

e) In every case in which, by virtue of the provisions of the aforesaid Act & the Rules, the Railway is obliged to

pay an amount of wages to a workman employed by the Contractor or his Sub-Contractor in execution of the

work 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 Railway due

to the Contractor’s failure to fulfill his statutory obligations under the aforesaid Act or the

Rules, the Railway 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 Railway under Section 20, Sub-Section(2) and section 22

Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by

deducting if from the Security Deposit and or from any sum due by the Railway to the Contractor whether

under the Contractor or otherwise. The Railway shall not be bound to contest any claim made against it under

Sub-Section (1) of Section 20 and Sub-Section 4 of the section 21 of the aforesaid Act except on the written

request of the contractor and upon his giving to the Railway full security for all costs for which the Railway

might become liable in contesting such claim. The decision of the railway regarding the amount actually

recoverable from the contractor as stated above shall be final and binding on the Contractor.

(f) For the purpose of the aforesaid Act & Rules the principal Employer shall be the Engineer of the works.

3.50 Signing of “NO CLAIM” Certificate

The Contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of or

arising out of this contract, nor shall the Railway entertain or consider any such claim, if made by the

contractor, after he shall have signed a

“NO CLAIM” certificate in favour of the Railway, in such from as shall be required by the Railway after the

works are finally measured up. The Contractor shall be debarred from the correctness of the items covered by

“NO CLAIM” certificate or demanding a reference to arbitration in respect thereof.

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3.51 RIGHT OF RAILWAY TO DETERMINATE CONTRACT

(1) The Railway shall be entitled to determine and terminate the contract anytime should, in the Railway’s opinion,

the cessation of work become necessary owing to paucity of funds or from any other cause whatsoever, in

which case the value of approved materials at site and of work done to the date by the Contractor will be paid

for in full at the rates specified in the contract. Notice in writing from the Railway of such determination and the

reason therefore shall be conclusive evidence thereof.

(2) PAYMENT TO DETERMINATE CONTRACT BY RAILWAY.

Should the contract be determined under sub-clause(1) of this clause and the Contractor claims payment for

expenditure incurred by him in the expectation of completing the whole of the works, the Railway shall admit

and consider such claims as are deemed reasonable and are supported by vouchers to the satisfaction of the

Engineer.

The Contractor shall have no claim to any payment or compensation or otherwise howsoever on account of any

profit or advantage which he might have derived in consequence from the execution of the work in full but

which he did not derive in consequence of determination of contract. The Railways decision on the necessary

and propriety of such expenditure shall be final and conclusive.

DETERMINATION OF CONTRACT OWING TO DEFAULT IN THE CONTRACT

3.52 (1) If the Contractor should-

(i) become bankrupt or insolvents, or

(ii) make an arrangement with or assignment in favour of his creditors or agree to carry out the contract

under a committee or Inspection of his creditors, or

(iii) being a company or corporation, go into liquidation (other than a voluntary liquidation for the purpose

of amalgamation or reconstruction)

(iv) have an execution levied on his goods or property on the works or

(v) Abandon the contract, or

(vi) Persistently disregard the instruction of the Engineer, or contravenes any provision of the contract, or

(vii) Fail to adhere to agreed programme of work by margin of 10 percent of the stipulated period, or

(viii) fail to remove materials from the site or to pull down and replace work after receiving from the

Engineer notice to the effect that the said materials or works have been condemned or rejected under

Clauses 3.3 & 3.20 of these conditions, or

(ix) fail to take steps to employ competent or additional staff and labour as required under clause 3.20 of

these conditions, or

(x) fail to afford the Engineer or Engineer’s representative proper facilities for inspecting the works or any

part thereof as required under Clause 3.21 of these conditions, or

(xi) promise, offer or give any bribe, commission, gift or advantage either himself or through his partner or

servant to any officer or employee of the Railway or to any person on his of on their behalf in relation

to the execution of this or any other contract with the Railway, then and in any of the said causes, the

Engineer on behalf of the Railway, may serve the Contractor with a notice in writing to that effect

and if the Contractor does not within 7 days after the delivery to him of such notice proceed to make

good his default in so far as the same is capable of being made good and carry on the work or comply

with such directions as aforesaid to the entire satisfaction of the Engineer, the Railway shall be entitled

after giving 48 hours notice in writing under the hand of the Engineer to remove the Contractor from

the whole or any portion to portions (as may be specified in such notice) of the works without thereby

avoiding the contract or realizing the Contractor from any of his obligations or liabilities under the

contract and adopt any or several following courses:-

a) to rescind the contract, of which rescission notice in writing to the Contractor under the hand of the Engineer

shall be conclusive evidence, in which case the security deposit of the Contractor shall stand forfeited to the

Railway without prejudice to the Railway’s right or recover from the Contractor any amount by which the cost of

completing the works by any other agency shall exceed the value of the contract:

b) to carry out the works, or any part thereof by the employment of the required labour and materials, the costs of

which shall include lead, lift, freight supervision and all indental charges and to debit the Contractor with such

cost, the amount of which as certified by the Engineer shall be final and binding upon the Contractor, and to

credit the Contractor with value of the works done as if the works had been carried out by the Contractor under

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the terms of the contract, and the certificate of the Engineer in respect of the amount to be credited to the

Contractor shall be final and binding upon the Contractor.

c) to measure up the work executed by the Contractor and to get the remaining work completed by another

Contractor at the risk and expense of the Contractor in all respects in which case any expenses that may be

incurred if the works had been carried out by him under the terms of the contract, the amount of which excess as

certified by the Engineer shall be final and binding upon the Contractor, shall be borne and paid by the

Contractor and may be deducted from any moneys due to him by the Railway under the contract or otherwise of

from his Security Deposit. Provided always that in any case in which any of the powers conferred upon the

Railway by Sub-Clause (1) of Clause 60 thereof shall have become exercisable and the same shall be not

exercised the non-exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers

shall not withstanding be exercisable in the event of any future case of default by the Contractor which is liability

for past and future shall remain unaffected.

xii) At any time after the tender relating to the contract has been signed and submitted by the Contractor, being a

partnership firm, admit as one of its partners of employ under it or being an incorporated company elect or

nominate or allow to act as one of its directors or employ under it in any capacity whatsoever any retired

Engineer of the Gazetted Officer working before his retirement whether in the executive or administrative

capacity or whether holding pensionable post or not in the Engineering department of any of the Railways for the

time being owned and administered by the President of India before the expiry of two years from the date of

retirement from the said servile of such Engineer or officer unless such Engineer or Officer has obtained

permission from the President of India or any officer duly authorized by him in this behalf to become a partner or

a director or to take employment under the contractor, as the case may be ,or

B. Fail to give at the time of submitting the said tender-

a) the correct information as to the date of retirement of such retired Engineer or retired officer from the said

service or as to whether any such retired Engineer of retired officer was under employment of the Contractor at

the time of submitting the said tender, or

b) the correct information as to such Engineers or officers obtaining permission to take employment under the

Contractor, or

c) being a partnership firm, the correct information as to whether any of its directors was such a retired Engineer or

a Gazetted Officer or

d) being in incorporated company correct information as to whether any of its partners was such a retired Engineer

or a retired officer, or

e) being such a retired Engineer or retired officer suppress and not disclose at the time of submitting the said tender

the fact of his being such a retired Engineer or a retired officer or makes at the time of submitting the said tender,

a wrong statement in relation to his obtaining permission to take the contract of if the Contractor be a partnership

or an incorporated company to be a partner or director of such firm or company as the case may be or to seek

employment under the Contractor, then and in any of the said cases the Engineer on behalf of the contractor

f) Railway, may serve the Contractor with a notice in writing to that effect and if the Contractor does not within

seven days after the delivery to him of such notice proceed to make good his default in so far as the same is

capable of being made good and carry on the work or comply with such directions as aforesaid to the entire

satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours notice in writing under the hand

of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) as adopt

either or both of the following courses.

2) RIGHT OF THE RAILWAY AFTER RECESION OF CONTRACT OWING TO DEFAULT OF

CONTRACT

In the event of any or several of the courses referred to in sub-clause (1) of this clause, being adopted,

a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having

purchased or procured any materials or entered into any commitments or made any advances on account of or

with a view to the execution of the works or to the performance of the contract and the Contractor shall not be

entitled to recover or be paid any sum for any work thereto for actually performed under the contract unless and

until the Engineer shall have certified the performance of such work and the value payable in respect thereof and

the Contractor shall only be entitled to be paid, the value so certified.

b) Engineer or the Engineer’s representative shall be entitled to take the possession of any materials, tools,

implements, machinery and buildings, on the works or on the property on which these are being or ought to have

been executed and to retain and employ the same in the further execution of the works or any part thereof until

the completion of the works without the Contractor being entitled to any compensation for the use and

employment thereof or for wear and tear or destruction thereof.

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c) The Engineer, shall, as soon as may be practicable after removal of the Contractor, fix and determine ex-parte or

by or after reference to the parties or after such investigation or enquiries as he may consider fit to make or

institute and shall certify that amount (if any) had at the time of rescission of the contract been reasonably earned

by or would reasonability accrue to the Contractor and what was the value of any unused or partially used

materials, any constrainable plant and any temporary works upon the site. The legitimate amount due to the

contractor after making necessary deductions and certified by the engineer should be released expeditiously.

3.52 Execution of Contract Documents.

i) The Tenderer whose tender is accepted shall be required to appear at the office of the General manager,

Chief Electrical Engineer, Deputy Chief Electrical Engineer or Senior Electrical Engineer, as the case may

be in person or if firm or corporation, a duly authorized representative shall so appear, and to execute the

contract documents within seven days after notice that the contract has been awarded to him. Failure to do

so shall constitute a breach of the agreement effected by the acceptance of the tender in which case the full

value of the Earnest Money accompanying the tender shall stand forfeited without prejudice to many other

rights or remedies.

ii) The cost of stamping the Agreement shall be borne by the Contractor.

iii) In the event of any Tenderer shoes tender is accepted shall refuse to execute the contract documents as here in

before provided, the Railway may determine that such Tenderer abandoned thereof shall be treated as

cancelled and the railway shall be entitled to forfeit the full amount of the Earnest Money had to recover the

liquidated damages for such default.

3.54 Arbitration matters finally determined by the Railways.

All disputes or differences of any kind whatsoever arising out of or in connection with contract, whether during

the progress or work or after their completion and whether before or after the determination of the contract,

shall be referred by the contractor to the Railway and Railway shall within a reasonable time after their

presentation can notify decisions there on in writing but such maters which are contained in G.C.C.8A.18.22(5)

39, 43(2), 45(A) 55, 55(A) 5(57) 57A, 61(1), 61(2)and 62(1) or any matters decision of which is specially

provided for by these conditions will be treated as exceptional matters and the decision made by the Railway

authorities shall be final and binding upon the contractors.

3.55 Demand for Arbitration.

3.55.1(i) If any or any matter in question, dispute of differences on any account or as to the with holding by the

Railway for his entitlement, if the Railway fails to make a decision within 120 days, then in any such case

but except in any of the exceptional cases referred to in clause 63, the contractor may after 120 days of

submission of his disputed claim can ask in writing within 180 days to the effect that this dispute may be

referred to arbitration.

3.55.1(ii) Subjects in Arbitration demand will contain mater in question, dispute of difference and also the amount

claimed. Only specified matter may be referred to Arbitration not the others.

3.55.1(ii)(A) Arbitration proceeding will be effected from such date by which written and legal demand has been

received by the Railways.

3.55.1(ii)(B) The claimant will submit his claim with supporting documents and also state the remedy for each claim

within 30 days from the date of appointment of arbitrator.

3.55.1(ii)(C) Until the Tribunal permit the extension of the time the Railway will submit its defence statement and

counter claims within 60 days from the date of receipt of the copy from tribunal.

3.55.1(iii) During proceeding no new claims will be added from either of the parties. However, with the permission

of Tribunal modification of supplement call be added.

3.55.1(iv) If contractor’s failed to respond in writing after receiving the information with effect that

final bill is ready for payment within 90 days then it will be presumed that he/they have waived their

claim and under this contract the Railway will be free from all liabilities with regard to the claim.

3.55.2 Obligation during pendency of Arbitration.

During proceeding of arbitration the work under contract, will continue under the order is given from

engineer and no payment will be withheld by the Railway for any dues payable but Arbitration Tribunal

will be right to consider and give decision whether to continue the work during arbitration proceeding or

not.

3.55.3(A)(i) In such cases where full amount of claim in question does not exceed Rs. 10,00,000( Rupees Ten lakhs

only) one Arbitrator will be appointed who will be either General Manger or any gazetted officer

nominated by General Manager, but no less than the rank of Jr. Administrative Grade will be appointed

within 60 days from the date of receipt of written valid demand for arbitration by the Railways.

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3.55.3(A)(ii) The cases which are not covered under clause 64(3)A for arbitration there will be a panel three

gazetted officer and will be not below the rank of Jr. Administrative Grade jfor this purpose Railway will

send name of three gazetted officers from one or more department to the contractor who suggest any two

name from the panel to be appointed. The General Manager will appoint at least one as contractor

nominee. Thus appointed out of three arbitrators with consent of presiding arbitrators and rest arbitrators

will be appointed from the above panel or our of the panel. At the time of indicating the name of

arbitrators, it is essential to ensure that at least one arbitrators should be from Accounts department. For

the purpose of appointing arbitrators officers from Accounts department selection grade will be treated as

equivalent to Sr. Administrative grade of the other department.

3.55.3A(iii) As per above, if one or more arbitrators appointed refused to act as arbitrator or withdraw his name or

vacates the post or for any other reasons unable to perform his duty or dies or does not work within

stipulated time or delays then General Manager can appoint new Arbitrator in place of him/them with

same procedure as followed earlier. Thus newly constituted Tribunal can work with its own conscious in

the same manner as earlier Tribunal worked and begin the work from the stage from where it was left by

the earlier Tribunal.

3.55.3A(iv) The Arbitration Tribunal will have the power to ask for any affidavit or other evidence as deemed

necessary by the Tribunal from the parties and it will be duty of the party to discuss or to make discussion

which will enable Arbitrators it take decision for award.

3.55.3A(v) Under the above sub-clause (i) (ii) and (iii) at the time of appointing arbitrator, it will be kept in mind that

appointee will be not from them who has an opportunity to dispose the case concern to the questioned

contractor who as a Railway employee in course of discharging his duties have expressed his views on any

disputes, proceeding taken by arbitration tribunal or award made by such tribunal will not be invalid on

the ground that one or more arbitrator have expressed his/ their views for disposal of any dispute in

course discharging his/ their duties.

3.55.3B(i) The Arbitration award will consist of item, amount and reasons on which it is based.

3.55.3B(ii) To rectify the errors in the parties award, any error, calculation, typing, clerical mistakes or errors of

similar nature and to clarify any point of award it is to be applied within 30 days from the receipt of the

award.

3.55.3B(iii) Any party with regard to claims presented in the arbitration proceedings but omitted in the

arbitration award can apply to the tribunal for additional award.

3.55.4 In case of such Tribunals which is constituted by three members any rules or award will be given on

the basis of majority of the Tribunal members. In case of lack of such majority of opinion of presiding

arbitrator will be effective.

3.55.5 Where Arbitration awards for payment of any amount the interest on full or partly amount will not be

payable for any amount award in arbitration.

3.55.6 The cost of arbitrator will be borne by the concerned parties. The cost include inter alia fee of the

Arbitrator in prescribed rates as decided by Railway Administration from time to time.

3.55.7 The above terms and conditions are made under the arbitration and conciliation ordinance 1996 and

will be effective to all arbitration proceedings.

3.56 Clause 55-B to G.C.C. (Ref: Railway Board’s letter No. 2012/CE-I/CT/0/22, dated 14.12.2012):

Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952

The contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund

Scheme, 1952; Para 3 & 4 of Employees Pension Scheme, 1955 and Para 7&8 of Employees Deposit

Linked Insurance Scheme, 1976, as modified from time to time through enactment of Employees

Provident Fund and Miscellaneous Provisions Act, 1952, wherever applicable and shall also indemnify

the Railway from and against any claims under the aforesaid Act and the Rules.

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PART-IV

CONDITIONS OF PRICE AND PAYMENT

4.1 Scope

This chapter deals with prices to be paid for supply and/or erection including testing, commissioning of various

items of work or for supplies and other amounts payable in accordance with accepted schedules of prices and

rates and terms and conditions of payment mentioned herein.

4.2 This is a composite works contract. The total prices for the completed items of work are the actual prices

payable to the Contractor as per the terms and conditions of the contract

4.3 Schedule of prices.

Unit prices

i) The unit prices of various items of work shall be included in the schedule of prices attached in Part-VI.

ii) The unit prices quoted by the Tenderer and accepted by the purchaser shall hold good till the completion of the

work and no additional individual claim will be admissible on account of fluctuation in market rates.

iii) Minor changes in basic designs shall not affect the unit prices so long as such changes are mutually agreed to by

the purchaser and the Contractor.

iv) All unit prices shall be inclusive of all cost of materials, labour, transportation, handling, storage, erection,

testing and commissioning, taxes, duties. For material supplied by the purchaser only erection charges will be

payable for execution of work in accordance with specification and approved drawings.

4.4 Unit prices for supply

i) The unit prices quoted by the Tenderer shall include the cost of material including all incidental charges like,

freights, transport, loading, unloading, handling, of materials, lifting descent insurance premium, Bankers

charges for Bank Guarantee, Indemnity Bond cost of stamp etc. i.e. cost of all incidental charges ex-works to

site of work

ii) The unit prices stated above are also inclusive of Excise Duty and other Central and local taxes, if legality

applicable but exclusive of octroi entry as octroi entry charges are exempted on Railway materials, necessary

exemption certificate for octroi/entry will be furnished to Contractor by the Purchaser.

iii) While quoting the rates by the Tenderers the concessional rates of taxes/duties as admissible on Railway

materials need to be taken into account. Necessary declaration form, if required will be furnished by the

purchaser to the Contractor.

4.5 Unit prices for erection

The prices for erection shall include costs of erection, testing commissioning etc. to the extent indicated and

also cover all costs of administration of the contract. Banker/s charge for guarantee, cost of storage, loading,

unloading and handling of materials. The unit prices for erection shall include cost of works or adjustment

necessary to be done by the Contractor during or after the tests carried out by the purchaser.

4.6 Payment and recovery terms

Subject to any deduction or recoveries which the purchaser may be entitled to make under the contract, the

payment to the Contractor shall be governed as per the following clauses:

4.7 The Contractor shall be entitled to be paid quarterly against performance certificate & acceptance of the concerned officer at COS Office/ Kolkata not below the rank of JAG officer up to 100 % only for such works as

in the opinion of the Engineer he has executed in terms of the contract. On Account payment will be made on

satisfactory erection duly certified by Engineer’s representative not below the JAG rank and as recorded in

Measurement Book.

4.8 a) On Account payment on materials will be made on the extent of 100% of the total prices of such material

included in the schedules. On receipt of the materials in good condition at site. All invoices shall be

accompanied by following:

i) Manufacturers test certificates wherever applicable

ii) Inspection Certificate granted by purchaser’s representative

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iii) Certificate of receipt of materials at the work site duly accepted by purchasers.

iv) Certificate that the stores have been insured. Whenever applicable

v) Execution of Indemnity Bond/Bank Guarantee

vi) Detailed entries for supply being made in Measurement Book

b) On Account payment to the extent of 100% of the total unit price of erection/laying of such material included in

the schedule will be made on satisfactory erection duly certified by purchaser Engineer/Representative not

below the Gazetted Rank and as recorded in the Measurement Book.

4.9 Limit for On Account Payment:

The limit for On Account payment shall not in any case exceed 100% value of works contract.

4.10 Warranty/ Guarantee: All supplied materials shall be guaranteed for a period of Twelve months. In case of failure during the warranty

period the firm has to replace the said items without any financial implication. The entire amount of Security

deposit held against the contract as per Clause-3.48 of “ General & Special condition of contract”

4.11 Recoveries from the Contractor

All recoveries for the cost of material supplied and service rendered by the purchaser to the Contractor covering

100 % On Account payment and supply and erection, testing and commissioning.

4.12 Without prejudice to any other rights or remedies, recovery for any loss of equipment/materials supplied free of

cost to the Contractor shall be effected through the ‘On Account bills/final bills at the discretion of the Engineer.

The rate of recovery of such equipment/material shall be determined by the purchaser whose decision shall be

final and binding.

4.13 Income Tax shall be recovered from the source as per extent rules.

4.14 Statutory variation in Taxes and Duties

(i) The statutory variation of Sales Tax and Excise Duties either from the date of opening of the tender or from the

date of letter of Acceptance of tender to the date of delivery of materials equipments at site, if legally payable

shall be applicable for both upward and down revision of levies rates etc. of such taxes and duties. Any

additional payment and/or less payment due to statutory variation of taxes and duties as the case may be either

will be reimbursed to the Contractor or credit will have to be offered to the purchaser. Additional payment

and/or credit as the case may be, on this account will be made/adjusted while make final payment.

(ii) The claim for reimbursement of additional payment to the Contractor or the credit offered by the Contractor on

Account of statutory variation in taxes duties under this clause shall be subject to production of the requisite

documents.

4.15 Final settlement and refund of Warranty Deposit

4.15(i) The Security Deposit shall however, be liable to the forfeited in case of any breach by the Contractor of any of

the conditions of the contract or for not completion of the full contract without prejudice to other rights and

remedies of the purchaser whether specifically provided for herein or otherwise.

4.16 Post Payment Audit

It is an agreed term of the contract that the purchaser reserves to itself the right to carry out a post payment audit

and or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and

to make a claim on the contractor for the refund of any excess amount paid to him if as result of such

examination any over payment to him is discovered to have been made in respect of any work one or alleged to

have been done by him under the contract.

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4.17 Measurement

Payment for field work shall be made in accordance with approved designs and drawings and measured in

relevant units, except where provided for otherwise. In case the dimensions of the work are more than those

shown in approved designs and drawings, the Contractor will not be entitled to any extra payment unless the

dimensions are increased on account of physical impossibility of carrying out the work in accordance with

approved drawings and designs, subject to approval by the purchaser before execution. In case the dimensions

of work are less than those shown in the approved designs and drawings and the work is accepted without being

rejected. Payment will be made as per work actually done at mutually acceptable rates.

The measurement will be made generally in accordance with the specifications, standard engineering practice.

4.18 Measurement of work

The Contractor shall be made for the works at accepted schedule of rates on the measurements taken by the

Engineer of the Engineer’s representative in accordance with the rules prescribed for the purpose.

i) The quantity for items, the units for which it is prevalent accepted schedule of rates in MKS system in 10 or

100, the linear measurement shall be recorded corrected to nearest centimeters (Cm). The air and the cubic

contents shall be calculated in square meters and in cubic meters corrected up to two places of decimals

respectively.

ii) Such measurements will be taken of the work in progress from time to time and at such intervals as in the

opinion of the Engineer, shall be proper having regard to the progress of work. The date and time on which the

measurements are to be made shall be communicated. The Contractor who shall be present at the site and shall

sign the results of the measurements (which shall also be signed by the Engineer or the Engineer’s

representative) recorded in the official measurement book as an acknowledgement of his acceptance of the

accuracy of the measurement. In the event of failure, on the part of the Contractor to attend, the work may be

measured in his absence and such measurement shall not withstanding such absence be binding upon the

Contractor whether or not he shall have signed the measurement book provided always that any objection made

by him to any measurement shall be duly investigated and considered in the manner set out below.

a) It shall be open to the Contractor to take specific objection to any recorded measurement or classification on

any ground within 7(seven) days from the date of measurement. Any re-measurement taken by the Engineer or

the Engineer’s representative in the presence of the Contractor or in his absence after due notice has been given

to him consequence of the objection made by the Contractor shall be final and binding on the Contractor and no

claim whatsoever shall hereafter be entertained regarding the accuracy and classification of the measurement.

b) If any objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be

liable to pay the actual expenses incurred in the measurements.

4.19 MODE OF PAYMENT :-

Payment will be made of RTGS mode by the contractor. Following information are

required to be supplied :-

1) Bank Name :-

2) A/C No. :-

3) IFS No. :-

4) PAN No. :-

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ANNEXURE I REGISTERED ACKNOWLEDGEMENT DUE

………………………………………… Dated………………………….. ………………………………………… Sub. (i)……………………………………………………………………………………… (Name of work) ……………………………………………………………………………….. (ii) Acceptance Letter No. ………………………………………………………………………..

(iii) Understanding/ Agreement No. ………………………………………………………………………………………….

Ref. : …………………………………………………. Quote specific application of Contractor for Extension to the date received) ……………………………………………………………………………………………. Dear Sir, The stipulated date for completion of the work mentioned above is …………………………………. from the progress made so far and the present rate of progress, it is unlikely that the work will be completed by the above date (or However, the work was not completed on this date). 2. Expecting that you may be able to complete the work, if some more time is given, the competent authority, although not bound to do so, hereby extends the time for completion from ……………………… to…………………………………………………… 3. Please note that an amount equal to the liquidate damages for delay in the completion of the work after the expiry of …………………………………………………… (Give here the stipulated date for completion with/ without penalty fixed earlier) will be recovered from you as mentioned in clause 3.17-B of the General Conditions of Contract period, notwithstanding the grant of this extension. You may proceed with the work accordingly. 4 The above extension of the completion date will also be subject to the further condition that no increase in rates on any account will be payable to you. 5. Please intimate within a week of the receipt of this letter of your acceptance of the extension of the conditions stated above. 6. Please note that in the event of your declining to accept the extension on the above said conditions or in the event of your failure after accepting or acting up to this extension to complete the work by ……………………………….. (Here mention the extended date) further action will be taken in terms of clause 62 of the Railway Board’s General Conditions of Contract.

Yours faithfully

For and on behalf of the President of India

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CLW/ Chittaranjan PART-V

Tender No. :- EL-G-112 (AMC for COS Office/ Kolkata)

Technical requirements for Annual Maintenance Contract at COS Office/ Kolkata. 1. Brief description of work: a) To maintain, repair and replacement of Lights, Ceiling fans, Switch boards, Mains, MCCBs, MCBs, Panels,

Switches, Street lights, Yard lights, Inverter, Battery at COS Office/ Kolkata near Tollygunge Metro Railway Station.

b) Filters of air conditioners to be cleaned and washed weekly. c) Topping up of Distilled water in the batteries fortnightly. d) Cleaning and non dusting of fans and electrical fittings fortnightly. e) Termination of main cable and auxiliary cables to be checked time to time, to avoid looseness and overheating. 2. Requirement of Man power

One electrician having experience in the fields, as mentioned in the brief description of work, should be present from 8 A.M to 7 P.M. on working days in the office premises to attend repair, replacement of any electrical equipment as per description. In case any breakdown and emergency, other experienced persons may be called and the works will be executed in presence of authorized Supervisor of the firm.

3. Requirement of tools: The following tools should be kept in good working condition with the person deputed.

Screw Driver - 02 sets Spanner set - 01 set Box spanner set - 01 set Pliers - 03 Nos. Stripper - 02 Nos. Test lamp - 01 set (Double & Single) Tester - 01 (High voltage & Low voltage) Megger - 01 No. (1KV) Torch light - 02 Nos. G.I. wire 10 SWG - 01 Roll of 50 mtrs. G.I. wire 14 SWG - 01 Roll of 50 mtrs. Hammer - 0.5 Kg., 1 Kg. & 2 Kg. Chisel (Pointed) - 04 Nos. Chisel (Flat) - 02 nos. PVC insulating tape - 02 Roll each (04 colours) Drill machine - 01 set with bit (2.5 mm. to 10 mm.) Drill machine - 01 set with bit (5 mm. to 16 mm.) Rope 200 Kg. capacity - 50 mtrs. Ladder 10 feet - 01 No. Ladder 20 Feet - 01 No. Stool 4 Feet - 01 No. Emery paper - Lump sum Grease - Lump sum Wooden Gutka - Lump sum

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4. Requirement of material The following materials shall be required as spares so that immediate replacement can be done. a) Ceiling fan - 04 Nos.

b) Pedestal fan - 04 Nos. c) T5 fittings and lamps - 10 Nos. d) T5 Tube light - 10 Nos. e) Invatublar Exide Battery - 02 Nos. f) Inverter (800VA) - 02 Nos. g) CFL 23 Watt - 10 Nos. h) Stranded Copper wire - 50 M each

1100 volt grade for Wiring 4, 2.5, 1.5 sq. mm.

i) Metal clad Power plug & - 04 Nos. Socket j) Switches, Sockets, Tops, - Lump sum

Starter, ICTP&N switch, Fuse grip, Fuse wire, Distilled water

4A i) MCB, 1Ø –up to 20A - 10 No.

ii) Lamp holder - 5 No. iii) Square box - 5 No. iv) Bell push switch - 5 No. v) Ding dong call bell - 5 No. vi) Ceiling fan capacitor - 10 No. vii) 28 Watt Ballast for T 5 fitting - 20 No. viii) 250 Watt Ballast - 5 No. ix) Ignitor - 5 No. x) 250 Watt Lamp - 5 No.

The cost of these consumable items may be considered along with the schedule items. In case of consumption of material, further material to be kept in stock as mentioned above. 5. Payment Terms: Payment shall be made quarterly against certified and accepted by the concerned officer at COS Office/ Kolkata. 6. Other points :

Guarantee, Penalty, Insurance, Security Deposit , Performance Guarantee etc. shall be governed by the IRS condition of the contract or mentioned in the tender specification whichever higher.

7. Released material has to be deposited to authorized person of Dy. CMM/ CLW/ Kolkata with clear acknowledgement and a register has to be maintained at site for day to day work, use of new materials and deposition of old materials.

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CLW/ Chittaranjan PART-VI SCHEDULE OF QUANTITIES AND RATES

Tender No. :- EL-G-112 (AMC for COS Office/ Kolkata) Name & place of work : - "Maintenance of all electrical items of COS/CLW/ Kolkata Office"

Sl.No. DESCRIPTION Qty. Unit Unit rate of labour charges in fig. & words. (per day) (Rs.)

Total rate of labour charges for 300 Days in fig. & words. (Rs.)

PART -I

1 LABOUR CHARGES for Annual Maintenance contract at COS/ CLW/ Kolkata Office as per technical requirements at Page No.31 to 32 Considering replacement of assets, rewiring, re fixing, connection, testing and commissioning as per requirement at site.

300 Days

PART- II

Sl.No. DESCRIPTION Qty. Unit Unit rate of supply in fig. & words. (Rs.)

Unit rate of erection

TOTAL (Rs.)

1 Replacement of following assets due to failure/ non working (Brand should be got approved by Dy. CMM/ CLW/ Kolkata prior to installation)

_

_

_

Erection charges considered against Part – I Item No. 1 No additional charges for erection of these items shall be given.

_

1.1 Supply of Ceiling fan complete with canopy, down rod and electronic regulator Make: Orient, Polar, Crompton Greaves

10 No.

1.2 Supply of T5 Fluorescent Tube light fitting 2 x 28 watt complete with all accessories and lamps Make: - Philips, Bajaj, CGL

10 Set

1.3 Supply of T5 fluorescent lamp 28 watt Make: - Philips, Bajaj, CGL

10 No.

1.4 Supply of Invatublar Exide Battery 12 Volt. IT 500 Make: - Exide

2 Set

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TOTAL (Rs.)

1.5 Supply of Inverter (800VA) capacity. Make: Luminus/ Sukum / Exide

2 Set Erection charges considered against Part – I Item No. 1. No additional charges for erection of these items shall be given.

1.6 Supply and wiring with 2 runs of PVC insulated and sheathed 650/1100 volt grade stranded copper wire cable along with PVC insulated copper earth continuity wire 0.75 sq. mm. through rigid PVC casing capping size 25 x 12 mm. for the following sizes of cable:- Make of cable & casing & capping:- Polycab, Havells

a) 10.0 Sq. mm.

50 M

b) 6.0 Sq. mm.

50 M

c) 4.0 Sq. mm.

100 M

d) 2.5 Sq. mm.

100 M

e) 1.5 Sq. mm.

100 M

1.7 Supply of flush mounting type (Piano) switch 6A, 230Volts. Make: -Havells

30 No.

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TOTAL (Rs.)

1.8 Supply of flush mounting type wall socket 5 pin, 6A, 230 Volts. Make: Havells

20 No. Erection charges considered against Part – I Item No. 1. No additional charges for erection of these items shall be given.

1.9 Supply of 3 pin Top for wall socket 6A, 230 Volts. Make: - Havells

15 No.

1.10 Supply of 3 pin Top for wall socket 16A, 230 Volts. Make: - Havells

10 No.

1.11 Supply of 15/5A Power plug and socket with switch, fuse, indication lamp combination unit (5 in 1) Make: - Havells

07 No.

1.12 Supply of Metal clad Power wall socket MCB operated with enclosure (Surface mounted type) 20A, SP, 10KA, 230 Volts. Make: Havells

05 No.

1.13 Supply of Hard wood switch board of following sizes:

_ _

a) 300 x 200 x 50 mm. thick board with 3 mm. thick Hylum top cover.

05 No.

b) 200 x 150 x 50 mm. thick board with 3 mm. thick Hylum top cover.

07 No.

1.14 Supply of Pedestal fan metal body, 3 blade, 450 mm. sweep, 1 phase, 230 volts with telescopic rod, swivel type. Make : Orient, Polar, Crompton Greaves

04 No.

1.15 Supply of Sheet steel TP & N main switch32A, 415 Volts. Make : Havells, Standard, CGL

02 No.

Note:- The requirement of the quantities may vary.