west central railway bhopal division signal &...

BPL/N/WKS/2015-16/Sig/34 of 33

CONTRACTOR FOR DRM (S&T) BPL

WEST CENTRAL RAILWAY BHOPAL DIVISION

SIGNAL & TELECOM DEPARTMENT TENDER FORM

TENDER NOTICE NO. BPL/N/WKS/2015-16/Sig/34 Dated 31/03/2016 Name of Work:- Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months.

(i) Approx. Value of Tender : ` 9,43,908.00 (ii) Earnest Money : ` 18,880.00 (to be accepted only in “Cash or Banker’s

Cheque/Demand Draft in favour of FA & CAO/W. C. Rly. Executed by SBI or any of the nationalized bank of India or by a scheduled bank”)

(iii) Cost of Tender Document : Non-refundable ` 2,000/- in person (Cash or BC/DD in Favour of Sr. DFM/ WCR/Bhopal) or ` 2,500/- for postal delivery.

(iv) Completion Period : 32 months from the date of actual commencement of work (v) Validity of offer : 04 (Four) Calendar months from the date of opening

(vi) TENDER CLOSING DATE & TIME: 06/05/2016 AT 15:00 Hrs. (vii) TENDER OPENING DATE & TIME: 06/05/2016 AT 15:30 Hrs. (viii) TENDER DOCUMENTS are not transferable.

NAME & ADDRESS OF THE CONTRACTOR

Earnest Money Deposited vides BC/DD No ______________ Dtd _____________ for Amounting Rs. ______________ Issued by ___________________________________ Bank _________________________________ Br.



TENDER NOTICE For and on behalf of President of India, Divisional Railway Manager (Signal & Telecommunication), West Central Railway, Bhopal invites sealed Tenders from experienced and qualified firms for the works as detailed below in the Sr. DSTE’s Office, Bhopal.

Tender Notice No. & Date

Name of work Approx. value in Rs.

Earnest Money in Rs.

Cost of Tender Form (non refundable)

Completion period (from the date of actual commencement of work

Minimum Eligibility Criteria (MEC)

BPL/N/WKS/ 2015-16/Sig/34 Dated 31/03/2016

Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months.

943908/- 18880/- Rs. 2000/- (by person) Rs. 2500/- (by post-MO only)

36 months Not applicable

(1). Tender document download start date 05/04/2016 on working days only between 10:00 Hrs. to 18:00 Hrs. (2) Tender documents will be made available on railway Website & the same can be down loaded from our Website (http://www.wcr.indianrailways.gov.in) & if do so, the cost of the tender form as mentioned above may be submitted by Bank Draft in favour of Senior Divisional Finance Manager/ West Central Railway/Bhopal. The relevant drawings etc., if any, can be obtained from Sr. DSTE’s Office on any working day. (3). Tender form will be sold up to (in person) 06/05/2016 (document download end date) up to 12:00 Hrs., (by post) upto 29/04/2016. 4). Tender submission start date 06/05/2016 from 10.00 hrs. 5) Tender submission end date 06/05/2016 up to 15:00 Hrs. (5).Tender Bid open date 06/05/2016 at 15:30 Hrs. Tender forms not accompanied by requisite earnest money in suitable form will be summarily rejected. The tenderers who fail to submit documentary proof along with their offer will normally not to be considered. Tenderer may carefully note that their contract agreement for this work is liable to be terminated at any time later, in case any of the information furnished by them is found to be untrue or any adverse point comes to light subsequently. The decision of Railway in this regard shall be final and binding. Note : (1). Earnest Money in the form of Bank Guarantee Bond will not be accepted. (2). This Administration reserves the right to amend or reject any or all Tenders without assigning any reason. (3). If the date of opening of the tenders happened to be a Holiday this tender will be opened on the next working day at the same time & place. (4). Railway is not responsible for no receipt of tender form/delay in receipt of tender form send by post. Tenderers are advised to visit website regularly before the date of opening to note any corrigendum for the tender. Tenderers are advised to visit website regularly before the date of opening to note any corrigendum for the tender. DRM (S&T) West Central Railway, Bhopal 462 024. For and on behalf of President of India



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CHECK LIST OF ITEMS TO BE COMPLIED BY TENDERERS

S.

No. Item

1 Submission of tender in single packet in Railway’s Format duly signed by the tenderer at every page

2 All documents to be furnished in English or Hindi 3 Full and clear postal address with phone and fax nos 4 Partnership deed, if any, constitution of the firm and copies of connected legal documents. 5 Earnest money of desired value in prescribed form with validity of the same at least 06 months

and in favour of Sr. DFM/W. C. Railway/Bhopal payable at Bhopal. 6 Validity of offer as specified 7 Time schedule for supply of materials and execution of works. 8 If working through contract labour, the contractor must register with Labour Commissioner –

necessary license to be submitted with the tender or to be produced before signing of Contract Agreement.

9 Corrections, if any, to be attested by the Tenderer. 10 Acknowledgement of Letter of Acceptance- within 7 days from the date of issue. 11 For successful tenderer, the earnest money to be retained by the Railways as a part of security

deposit and the balance towards security deposit to be deducted @10% from ‘on account’ bill unless the whole security deposit is made by the tender.

12 Contract Agreement to be executed by the successful tenderer within a period of 30 days from the date of issue of Acceptance letter.

Note: The above check list is not exhaustive. The Tenderer must go through carefully the entire booklet and submit the tender complying with all the conditions/ provisions/ instructions mentioned therein irrespective of the fact that they have been highlighted in the checklist or not.



Additional Special Conditions for Tender Document downloaded from Internet/Website

1. These additional special conditions are applicable to tender document and considered as part of

it, which is downloaded from internet/website.

2. Tenderers may note that permitting of downloading of tender document is an added facility for convenience of Tender/s. Railway, however, reserves right to extend this facility for selected works or continue only with direct sale of tender forms in case, tender document is not uploaded on website or download failure or delay or incomplete document downloaded, whatsoever, Railway shall not be responsible in anyway. Railway shall not be responsible for any direct/indirect loss of business/profit resulting from inability to use this facility.

3. The tenderer/s shall download & print the Tender document solely for the purpose of bidding for above work and downloaded document shall not be used, copied or reproduced for any other purpose.

4. The end of tender document is indicated by “End of Tender Document” marker. Tenderer/s should carefully see that above marker appears on the last page of downloaded tender document to ensure that downloaded document is complete. Tenderer is suggested to check the integrity and completeness of document before submission.

5. The tender document downloaded from website through does not bear signature of Railway authority shall have same authority as having direct purchased from Railway Office. Tenderers while submitting his offer must sign all pages of tender document.

6. The downloaded and printed tender document along with the various other documents should be submitted as per details mentioned in tender document. The Tender should clearly write on main tender cover and also on the top of sealed cover “tender documents downloaded from website”.

7. The Tenderer/s are required to pay non-refundable cost of tender document in the form prescribed in tender notice while submitting their offer. In case they fail to furnish the requisite cost of tender document in prescribed form, their offer shall be rejected. The cost of EMD shall not be merged with cost of tender form and shall be separately furnished.

8. The Tenderer/s shall maintain the integrity of downloaded tender document and shall not make any change/addition/deletion/tampering, whatsoever, in the downloaded documents. The Tenderer/s offer shall be rejected and full earnest money shall be forfeited, in case it is detected after submission of offer, that they have made any modification in downloaded documents. In case such modification is noticed even after award of contract, Railway is liable to terminate the contract on contractor’s default. In addition Railway reserves the right to take action against the firm as deemed fit, which may include Banning of Business Dealings with the firm and the firm



is also liable to be prosecuted as per the law. After award of work agreement will be prepared based on the master copy of tender document available in the Railway’s office. In case, any discrepancy is noted in tender document submitted by Tenderer, the Master document kept with Railway shall prevail and decision of Railway thereon shall be final and binding on Tenderer/Contractor.

9. Tenderer/s shall print the tender document on good quality A4 size papers of thickness 75 GSM or above and printed document shall be clearly legible. The document shall be properly bound and page numbers shall be in serial order as mentioned in downloaded documents. The Tenderer/s shall not be reimbursed with the cost of stationery, printing and binding etc. Offer of Tenderer/s is liable to be rejected by Railway, if tender document is not printed or bound ad per above instructions. Further Tenderer shall bear expenses of Internet connection and telephone charges, if any, for downloading of tender document.

10. The Tenderer/s shall keep them updated about any modification in tender notice and tender document, issued by Railway through newspapers, website or E-mail or any other means and shall act accordingly. It is the responsibility of the Tenderer to check any correction or any modifications published subsequently in Web site and the same shall be taken into account while submitting the tender. Tenderers’ offer is liable to be rejected, if they have not enclosed all the corrections/corrigendum along with downloaded tender documents.

11. The “Additional Conditions for Tender Document downloaded from Website” must be signed by the Tenderer and enclosed along with the Tender document failing which the tender is liable to be rejected.

12. The following declaration should be given by the Tenederer while submitting the tender:

DECLARATION

I/We have downloaded the tender document from the website (http://wcr.indianrailways.gov.in) and I/We have not tampered/modified the tender forms in any manner. In case the document is found to be tampered/ modified, I/We understand that my/our tender is liable to be rejected and full earnest money deposit will be forfeited and I/We am/are liable to be banned from doing business with Railways and/or prosecuted. Signature of Tenderer



PART – I REGULATIONS FOR TENDERS AND CONTRACTS

CONTENTS

Para MEANING OF TERMS

Page No.

1. 1.1 DEFINATIONS 1.2 SINGULAR AND PLURAL 1.3 INTERPRETATION

CREDENTIALS OF CONTRACTORS

2. APPLICATION FOR REGISTRATION 3. TENDER FORMS 4. OMISSIONS AND DISCREPANCIES 5. EARNEST MONEY 6. CARE IN SUBMISSION OF TENDERS

CONSIDERATION OF TENDERS

7. RIGHT OF RAILWAY TO DEAL WITH TENDERS

CONTRACT DOCUMENTS

8. EXECUTION OF CONTRACT DOCUMENTS 9.

FORM OF CONTRACT DOCUMENTS

ANNEXURE I TENDER FORMS (FIRST SHEET) (SECOND SHEET)

(THIRD SHEET)

10. TENDER SCHEDULE 11. SPECIAL CONDITION



REGULATIONS FOR TENDERS AND CONTRACTS FOR THE GUIDANCE OF ENGINEERS AND CONTRACTORS

FOR S&T WORKS MEANING OF TERMS

1.1 These Regulations for Tenders and Contracts shall be read in conjunction with the General conditions of Contract which are referred to herein and shall be subject to modifications, additions or super session by special conditions of contract and/or special specifications, if any annexed to the Tender forms.

1.2 Definition:- In these Regulations for Tenders and Contracts the following terms shall have the meanings

assigned hereunder except where the context otherwise requires:-

(a) “Railway” shall mean the President of the Republic of India or the Administrative Officers of the West Central Railway or the successor Railway authorized to deal with any matters, which these presents are concerned on his behalf.

(b) “General Manager” shall mean the Officer incharge for the general Superintendence and control of the

Railway and shall also include the General Manager (Construction) and shall mean and include their successors, of the Successor Railway.

(c) “Chief Engineer” shall mean the Officer incharge of the Signal & Telecom Department of West Central

Railway and shall also include the Chief Engineer (Construction), Chief Signal and Telecommunication Engineer, Chief Signal and Telecommunication Engineer (Construction), Chief Electrical Engineer and Chief Electrical Engineer (Construction) and shall mean & include their successors of the Successor Railway.

(d) “Divisional Railway Manager” shall mean the Officer incharge of a Division of the West Central

Railway and shall mean and include the Divisional Railway Manager of the Successor Railway.

(e) “Engineer” shall mean the Divisional Signal & Telecom Engineer or the Executive Engineer, Divisional Signal and Telecommunication Engineer, Divisional Signal and Telecommunication Engineer (Construction), Divisional Electrical Engineer and Divisional Electrical Engineer (Construction), in executive charge of the works and shall include the superior officers of the Engineering, Signal and Telecommunication and electrical Department of Railway, i.e. Senior Divisional Engineer/Deputy Chief Engineer/ Chief Engineer (Construction), Senior Divisional Signal and Telecommunication Engineer/Deputy Chief Signal and Telecommunication Engineer/Chief Signal & Telecommunication Engineer/Chief Signal & Telecommunication Engineer (Construction), Senior Divisional Electrical Engineer/Deputy Chief Electrical Engineer/Chief Electrical Engineer(Construction)/ and shall mean and include the Engineers of the Successor Railway.

(f) “Tenderer” shall mean the Person/the firm/co-operative or company whether incorporated or not who

tenders for the works with a view to execute the works on contract with the Railway and shall include their personal representatives, successors and permitted assigns.

(g) “Limited Tenders” shall mean tenders invited from all or some contractors on the approved or select list

of contractors with the Railway.

(h) “Open Tenders” shall mean the tenders invited in open and public manner and with adequate notice.

(i) “Works” shall mean the works contemplated in the drawings and schedules set forth in the tender forms and required to be executed according to specifications.



(j) “Specifications” shall mean the specifications for Materials and works of the West Central Railway as specified in Part III of the Works Hand Book issued under the authority of the Chief Engineer or as amplified added to or superseded by special specifications if any, appended to the Tender Forms.

(k) “Schedule of Rates of the West Central Railway” shall mean the schedule of Rates issued under the

authority of the Chief Engineer from time to time.

(l) “Drawings” shall mean the maps, drawings, plans and tracings or prints thereof annexed to the Tender Forms.

1.3 Words importing the singular number shall also include the plural and vice versa where the context requires. 2.1 Application for Registration:- Works of construction and of supply of material shall be entrusted for execution to contractors whose capabilities and financial status have been investigated and approved to the satisfaction of the Railway. For this purpose, list of approved contractors shall be maintained in the Railway. The said list shall be revised periodically once in a year or so by giving wide publicity through advertisements, etc. A Contractor including a contractor who is already on the approved list shall apply to the nearest General

Manager (Construction), Chief Administrative Officer (Construction), Divisional Railway Manager, Chief Engineer/Chief Engineer (Construction), Chief Signal and Telecommunication Engineer/Chief Signal & Telecommunication Engineer (Construction) and Chief Electrical Engineer/ Chief Electrical Engineer (Construction), furnishing particulars regarding:-

(a) His position as an independent contractor specifying Engineering Organization available with details of

Partners/Staff/Engineers employed with qualifications and experience. (b) His capability to undertake and carryout works satisfactorily as vouched for by a responsible official or

firm, with details about the transport equipments, construction tools and plants etc. required for the work, maintained by him.

(c) His previous experience of works similar to that to be contracted for, in proof of which original

certificates or testimonials may be called for and their genuineness verified if needs, be, by reference to the signatories thereof.

(d) His knowledge from actual personal investigation of the resources of the are/zone or zones in which he

offers to work.

(e) His ability to supervise the work personally or by competent and fully authorized agents.

(f) His financial position.

(g) Authorized copy of the current Income-Tax Clearance Certificate. 2.2 An applicant shall clearly state the categories of works for which and the area/zone/division(s)/ district(s) in which he desires registration in the list of approved contractors.

2.3 The selection of contractors for enlistment in the approved list would be done by a committee for different value slabs as notified by Railway. 2.4 An annual fee as prescribed by the Railway from time would be changed from such approved contractors to cover the cost of sending notices to them and clerk age for tenders, etc. 2.5 The list of approved contractors would be treated as confidential office record.



TENDERS FOR WORKS

(3) Tender Form:- Tender Forms shall embody the contents of the contract documents either directly or by reference and shall be as per specimen form, Annexure I. Tender Forms shall be issued on payment of the prescribed fees to the appropriate contractors on the list of approved contractors. Contractors not on the list of approved contractor, will, on payment of the prescribed fees, be furnished with tender forms and they shall be required to submit evidence regarding their financial status, previous experience and ability to execute the works, and an authorized copy of the current Income Tax Clearance Certificate without which their tenders will not be considered.

(4) Omissions and Discrepancies:- Should a tenderer find 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 a written instruction to all the tenderer. It shall be understood they every endeavor has been made to avoid any error which can materially affect the basis of the tender and the 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.

(5) Earnest Money:- (a). The tenderer shall be required to deposit earnest money with the tender for the due

performance of the stipulation to keep the offer open till such date as specified in the Tender, under the conditions of Tender. The earnest money will be as under

Earnest Money Deposit (EMD)

Value of the work (Tender Value) For works estimated

EMD (Rounded off to nearest Rs. 10)

Cost up to Rs.1 crore 2% of the estimated cost of the work Cost more than Rs.1 crore Rs. 2 lakhs plus ½% (half percent) of the excess of

estimated cost of work beyond Rs. 1 crore subject to a maximum of Rs. 1 crore.

(b) It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is

permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part

security for the due and faithful fulfillment of the contract in terms of Clause 16 of the General conditions of contract. The earnest money of other tenderer shall, save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.



The Earnest Money should be in cash or in any of the following forms :-

Cash or Banker’s Cheque/Demand Draft in favour of FA & CAO/W. C. Rly. Executed by SBI or any of the nationalized bank of India or by a scheduled bank.

(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 conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause –37 of the General Conditions of contract for the completion of works to the entire satisfaction of the Engineer.

When work is tendered for by a firm or company of contractors, the tender shall be signed by the

individual legally authorized to enter into commitments on their behalf.

(c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the 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.

(7) Right of Railway to deal with tender:- The Railway reserves the right of not to invite tenders for any of

Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.



CONTRACT DOCUMENTS (8) Execution of Contract Document:- The tenderer whose tender is accepted shall be required to appear in

person at the office of General manager/General Manager (Construction), Chief Administrative Officer(Construction), Divisional Railway Manager or concerned Engineer, as the case may be, or if a firm or corporation, a duly authorized representative shall so appear and execute the contract documents within 7 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 in which case the full value of the earnest money accompanying the tender shall stand forfeited without prejudice to any other rights or remedies.

In the event of any tender whose tender is accepted shall refuse to execute the contract documents as herein before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and to recover the damages for such default.

(9) Form of Contract Document:- Every contract shall be complete in respect of the document it shall so

constitute. Not less than 2 copies of the contract documents shall be signed by the competent authority and the contractor and one copy given to the contractor.

(a) For zone contracts awarded on the basis of the percentage above or below the Schedule of Rate Central Railway for the whole or part of financial year, the contract agreement required to be executed by the tenderer whose tender is accepted shall be as per specimen form, Annexure II During the currency of the zone contract, work orders as per specimen form Annexure III or IV for works not exceed Rs.10,000/- each shall be issued by the Divisional Railway Manager/Executive Engineer under the agreement for Zone contract.

(b)For contracts for specific works, valued at more than Rs.10,000/- the contract documents required to be executed by the tenderer whose tender is accepted shall be either an Agreement as per specimen form Annexure IV, or a work order as per specimen form Annexure V as may be prescribed by the Railway.



ANNEXURE - I WEST CENTRAL RAILWAY

TENDER FORMS (FIRST SHEET) Tender No: BPL/N/WKS/2015-16/Sig/34 Name of work: Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months The President of India, Acting through the DRM (S&T) West Central Railway, Bhopal. I/We ..............................................................................................................have read the various conditions to tender attached hereto and agree to abide by the said conditions. I/We also agree to kept this tender open for acceptance for a period of 04 months from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money” I/We offer to do the work for ......................................................... Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within 32 (Thirty two) months from the date of actual commencement of work.

(2) I/We also hereby agree to abide by the General Conditions of Contract corrected upto printed advance Correction Slip No. .......................................... dated ............. and to carryout the work according to the special conditions of contract and specifications of materials and works as laid down by Railway in the annexed special conditions/specifications and the ..................................... Railway Works Hand Book Part III corrected upto printed/advance correction slip No............ dated........... Sanitary Works Hand Book corrected upto printed/advance Correction slip No. ...........dated.......... Schedule of Rates corrected upto printed/advance Correction slip No...... ...........dated.............. for the present contract.

(2) A sum of Rs. 18,880/- is herewith forwarded as Earnest Money. The full value the Earnest Money shall

stand forfeited without prejudice to any other right or remedies in case my/our Tender is accepted and if:-

(a) I/We do not execute the contract documents within seven days after receipt of notice issued by the Railway that such documents are ready; and

(b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

(3) Until a formal agreements prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work. ............................................... Signature of Witnesses: Signature of Tenderer(s)

(1) ............................................... date........................ (2) ................................................

Address of the Tenderer(s)



ANNEXURE I

TENDER FORM (SECOND SHEET) (1). Instructions to tenderer and conditions of tender:- The following documents form Part of Tender/Contract:-

(a). Tender forms –First Sheet and Second Sheet. (b). Special conditions/Specifications (enclosed)

(c). Schedule of approximate quantities (enclosed) (d). General conditions of contract and standard specifications for materials and works as laid down in Works

Hand Book and Sanitary Works Hand Book of West Central Railway, as amended/corrected up to correction slips mentioned in First sheet of Tender Form, copies of which can be seen in the office of DRM(S&T) Bhopal or obtained from the office of the Chief Engineer, West Central Railway ............ on ...................... payment of Rs........./- Rs.................../- & Rs.............../- respectively.

(e). Schedule of rates, Part I & II as amended / corrected up to correction slip as mentioned in first sheet of Tender Sheet of Tender Form, copy of which be seen in the office of ......................or obtained from the DRM (S&T) BPL, West Central Railway on payment of Rs. ............... & Rs. ................ respectively.

(f). All general and detailed drawings pertaining to this work which will be issued by the Engineer or his representatives (from time to time) with all changes and modifications.

(2). Drawings for the work.- The Drawings for the work can be seen in the office of the DRM (S&T) BPL and/or Chief ----------------- at any time during the office hours. The drawings are only for the guidance of Tenderer(s). Detailed working drawings, (if required) based generally on the drawing mentioned above, will be given by the Engineer or his representative from time to time.

(3) The Tenderer (s) shall quote his/their rates as a percentage above or below the schedule of rates of the west central Railway -------------as--------------applicable to Bhopal Division except where he /they are required to quote item rates and must tender for all the items shown in the schedule of approximate quantities attached. The quantities shown in the attached schedule are given as a guide and are approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule.

(4) Tenders containing erasures and/or alterations of the tender documents are liable to be rejected. Any correction made by Tenderer(s) in his/their entries must be attested by him/them.

(5) The works are required to be completed within a period of 32 (Thirty two) months from the date of actual commencement of work.

(6) Earnest Money:- (a) The tender must be accompanied by a sum of Rs. 18,880/- as earnest money deposited in cash or in any of the forms as mentioned in Regulations for tenders and contracts for the guidance of the Engineers and contractors, failing which the tender will not be considered. (b). The Tenderer(s) shall keep the offer open for a minimum period 04 months from the date of opening of the Tender it is understood that the tender documents has been sold/issued to the Tenderer (s) and the Tenderer(s) is/are permitted to tender in consideration of the stipulation on his/their part that after submitting his/their tender subject to the period being extended further if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer of West Central Railway. Should the Tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due performance of the above stipulation shall be forfeited to the Railway.



(c). If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for

the due and faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited if the tenderer)/Contractor(s) fail to execute the Agreement Bond within 7 days after receipt of notice issued by Railway that such documents are ready or to commence the work within 15 days after receipt of the orders to that effect.

(d). The Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, be returned to the

unsuccessful tenderer(s) within a reasonable time but the Railway shall not be responsible for any loss or depreciation that may happen to the Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents of to the Earnest Money while in their possession nor be liable to pay interest thereon.

(7) Right of the Railway to deal with tender.- The authority for the acceptance of the tender will rest with the

Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and no tenderer(s) shall demand any explanation for the cause of rejection of his/their tender nor the Railway undertake to assign reasons for declining to consider or reject any particular tender or tenders.

(8) If the tenderer(s) deliberately gives/give wrong information in his/their tender or creates/create circumstances

for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage. (9) If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his/their tender,

the railway shall deem such tender cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character.

10) Income Tax Clearance Certificate.- The tenderer(s) is/are required to produce alongwith his/their tender an authorized copy of the Income-Tax Clearance Certificate or a sworn affidavit duly countersigned by the Income-Tax Officer to the effect that he has/they have no taxable income.

11) Tenderer’s Credentials:- Documents testifying Tenderer’s previous experience and financial status should be produced alongwith the tender or when desired by competent authority of the West Central Railway.

Tenderer(s) who has/have not carried out any work so far on this Railway and who is/are not borne on the

approved list of the contractors of West Central Railway should submit along with his/their tender credentials to establish.

(i). His Capacity to carryout the works satisfactorily. (ii). His financial status supported by Bank reference and other documents.

(iii). Certificate duly attested and testimonials regarding contracting experience for the type of job for which tender is invited with list of works carry out in the past.

12. Tender must be enclosed in a sealed cover, super scribed “Tender No. BPL/N/WKS/2015-16/Sig/34 and must be sent by registered post to the address of Sr.DSTE, S&T Deptt., DRM Office West Central Railway, Bhopal so as to reach his office not later than 15.00 hours on 06/05/2016 or deposited in the special box allotted for the purpose in the office of Sr.DSTE, DRM Office West Central Railway, Bhopal. This Special box will be sealed at 15.00 hours on 06/05/2016. The tender will be opened at 15.30 hours on the same day. The tender papers will not be sold after 12.00 hours on 06/05/2016.

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



(14). Execution of Contract Documents.-The successful tenderer(s) shall be required to execute an agreement with the President of India acting through the West Central Railway for carrying out the work according to General Conditions of contract, special conditions/specifications annexed to the tender and specifications for work and materials laid down in Works Hand Book Part III and Sanitary works Hand Book of West Central Railway as amended/corrected up to correction slip mentioned in tender form (First Sheet). (15). Partnership Deeds, Power of Attorney etc.- The Tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of Partnership Deed along with the tender and authorization to sign the tender documents on behalf of partnership firm if these documents are not enclosed alongwith tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the 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. (16). The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, signing the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign “No Claim Certificate” and refer all or any disputes to arbitration. (17). Employment/Partnership, etc. of Retired Railway Employees.- (a). 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 not, in the any department of any of the Railways owned and 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 retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors, or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full in formations as to the date of retirement of such Engineer or Gazetted officer from the said service and in case where such Engineer or officer had not retired from Government Service at least 2 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 take employment under the contractor, has been obtained by the tenderer or the Engineer or 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. Tenders 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. (b) Should a tenderer or contractor being an individual on the list of approved contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in Gazetted capacity in the any department of the West Central Railway, the authority inviting tenderers shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in clause 62 of the General Conditions of Contract.

................................ -------------------------- Signature of Tenderer(s) Signature date ............... Designation



ANNEXURE I (Contd...) TENDER FROM (THIRD SHEET)

Name of work: Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months. . SCHEDULE OF RATES AND QUANTITIES

Sr No

Item No

Description of item of work

Approximate Quantity

Unit Rates in figures and in words Rs. P.

Amount Rs. P.

AS SCHEDULE, TERMS & CONDITIONS ARE ENCLOSED.

The quantities shown in above schedule are approximate and are as a guide to give the tenderer(s) an idea of quantum of work involved. The Railway reserves the right to increase/decrease and/or delete or includes any of the quantities given above and no extra rate will be allowed on this account. I/We undertake to do the work at ---------- % above/below the schedule of Rates of the West Central Railway as applicable to Bhopal Division or at the rates quoted above for each item. Dated........... ......................................... Signature of the Tenderer(s) Note: Column 1 to 5 shall be filled by the office of the Authority inviting tender. Column 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders are not invited.



WEST CENTRAL RAILWAY OFFICE OF THE DRM (S&T) BPL No. BPL/N/WKS/2015-16/Sig/34 Schedule of work: Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months Sr. No.

Description of work Unit Qty Rate per Unit

Amount

1 Hiring of 01 (one) no. four wheeler inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets

1a Hiring for fixed running of the vehicle upto 1500 km. Per month in Bhopal Division.

Month 32 25777.12 8,24,867.84

1b Extra running sanctioned upto 500 km. @ Rs. 7.44 per km. i.e. Rs. 3,720/- per month

Month 32 3720.00 1,19,040.00

9,43,907.84

Note: For item no. 1b, extra payment will be done on quarterly basis if total movement of one quarter is more than 4500 km. then only extra payment will be done



Offer Sheet

I/We have submitted this tender after studying all the conditions contained herein and after

having satisfied myself / ourselves of the site conditions means of access to the work and all other

factors governing to the work and having seen and studied the plans which were made available to me /

us for scrutiny.

I/we offer my rates as under:- 1. I hereby agree to execute the above schedule of work at _____________% above / at par / % below for schedule item no. 1a and _____________% above / at par / % below for schedule item no. 1b.

[strike-off whichever is not applicable] (Please write the percentage in words also to avoid ambiguity). ( in words) ________________________% above / at par / % below for schedule item no. 1a and ( in words) ________________________% above / at par / % below for schedule item no. 1b.

[strike-off whichever is not applicable] Note: 1. The tenderer are requested to quote single percentage % above/AT PAR/% below on schedule rates on the attached offer sheet only.

2. If firms have quoted different percentages in words & figure or incase of any Ambiguity the amount which is advantageous to railways shall be considered and offer will be evaluated accordingly.



Tender Notice No. BPL/N/WKS/2015-16/Sig/34

NAME OF WORK: Hiring of 01 (one) no. Inspection vehicle for Sr. DSTE/Sig/BPL for supervision, inspection and maintenance of S&T assets of Bhopal Division for a period of 32 months Scope of Work

1. The scope of work is to hire one vehicle for official use of Sr. DSTE/Signal/Bhopal. 2. The vehicle is required to run as per the instructions of the officer in charge of the vehicle.

3. This vehicle is required to be run between various stations over Bhopal Division mainly. In case

of requirement, It may be used over other division/jurisdiction as per the instruction of the officer in charge.

4. Vehicle may also be required to keep over night at any station as per the field requirements. For

such overnight stays all arrangements of driver and vehicle have to be done by contractor at his own cost.

5. It is the responsibility of the contractor to ensure that the vehicle hired is clean, presentable and

well furnished at all times. The seat covers should be replaced by fresh/washed covers once in a fortnight positively. The contractor at his own cost shall be rectified any defect in the vehicle pointed out by Railways.

6. The vehicles will generally run during daytime for 12 hours duty. Time of reporting may be

changed as per requirement/need of the day. The driver shall ask the next day reporting time while getting off duty every day. The vehicle shall be used during nighttime also, if needed. No extra payment will be made for night duty. In case of emergency like night inspections, Railway accident, attends to signal failure, floods, NI working or breeches etc. the vehicles may be utilized for restoration and relief work round the clock as per instructions of official in charge, without any extra payment. However, extra hours may be compensated by reducing the working hours on normal days, if possible.

7. Vehicle will have to be made available as early as possible after issue of acceptance letter.

8. The tenderer has to arrange vehicle, its accessories as per the requirement of running of vehicle

and keep the vehicle in good condition.

9. The complete maintenance of the vehicle will be the responsibility of the tenderer.

10. The vehicle will be permitted to be withdrawn for servicing & maintenance etc. only after alternative vehicle is provided. Railway has full right to reject the vehicle if not found satisfactory.

11. If due to any reason the nominated vehicle for this work is unavailable then the tenderer have to provide similar vehicle after taking due permission from the competent authority.



12. Railway administration shall not be responsible for any accident, damage etc. to the vehicle during the period of hire.

Vehicle condition:

13. Vehicle should be in self-starting, good working condition to run on Kachha road also. 14. The work involves hiring of vehicle for 32 months for use of Sr. DSTE/Signal/Bhopal of

Bhopal Division, West Central Railway. The tenderer should offer vehicle like Scorpio/ Xylo/ Travera/ Innova/ Safari or similar (Non AC) as it will be required to go to various places in connection with railway works and should be suitable to carry persons for field visits, hence vehicle like Cars will not be accepted. The vehicle should be new and not older than 01/01/2015. The interiors and furnishing of the vehicle shall be excellent. Representative of Sr. DSTE/Signal/Bhopal shall inspect the vehicle of the firms to assess the conditions of vehicle. The decision regarding suitability shall be based on this inspection report. The final selection of vehicle among those offered rest with the competent authority and accordingly contractor will have to arrange the vehicle on hiring basis for stipulated period.

15. The tenderer should clearly mention the brand, model make and year of manufacturing of the

vehicle offered.

16. In case the vehicle gets out of order, an alternate vehicle must be arranged within a reasonable time i.e. one hour for arrangement plus running time. Due to contractor’s failures to provide alternative vehicle within one hours plus running time, Railway administration can engage any other vehicle and charges will be deducted from the contractor’ s running bill.

17. The contractor shall be responsible for satisfactory running of vehicle as per the Railway

requirements in emergencies.

18. The expenditure on maintenance, comprehensive insurance, registration and road tax, toll tax etc. shall be borne by the Contractor.

19. The documents related with the vehicle shall be required at the time of Contract Agreement.

Any documents as called for, if not found the tender is liable to be cancelled. Financial Conditions:

20. If vehicle does not turn up on any day, penalty equivalent to one day running charges plus 25% of it will be imposed and this will be deducted from contractors bill.

21. Petrol, diesel, Mobile Oil etc. for the use in vehicle along with the Driver from the time of hiring

shall be provided by owner of vehicle at his own cost including the wages of staff.

22. Payments shall be made through cheque and not in cash after recording of joint measurements for running of vehicle for a minimum period of one month.

23. The commercial tax, income tax and surcharge on income tax etc. and any other statutory

levies/taxes will be deducted from the payment made by Railway as per extant rules.



24. Rates quoted shall be valid throughout the period of contract. Any variation in fuel rates shall not effect contract agreement; hence contractor will have to work on quoted rates only.

25. Railway Administration has full right to terminate the contract by giving three weeks’ notice to

the owner of vehicle.

26. The contractor/firm should have arranged necessary permit for the states under the jurisdiction of West Central Railway.

27. The contract is subject to compliance of Motor Vehicle Rules and the amendment there of and

other relevant Central/State Motor Vehicle Rules.

28. Tenderer must ensure that the drivers engaged possess a valid driving license as per the prevailing sections in the motor vehicle rules.

29. The contractors shall bear and pay the entire operation cost of the vehicles, which will include

and be deemed always to include the following. a). Provision for the driver and also necessary relief, including their salary and all other emoluments. b). Cost of fuel and lubricating oil, parking expenses etc. c). All types of Maintenance and repair. d). Road tax/route permit fee and all other taxes. e). General insurance policy of vehicle.

f). Service Tax: Applicable as per rules. The tenderer shall have comprehensive insurance for the vehicles throughout the operating period. The tenderer have to submit the insurance papers. In case any default all responsibility will be of the tenderer. The contractor will produce for perusal of the Railways, the original insurance policy and proof of payment of all insurance premium charges in respect thereof, as and when demanded by Railways.

30. That the compliance of all Government rules & regulations regarding vehicle and route permit etc. will be responsibility of the contractor and any times for non compliance of any such rules shall be borne by the contractors.

31. The driver shall ensure that vehicle is always having sufficient fuel.

32. The vehicle shall have a spare complete wheel (stepney) and necessary tools in working

condition.

33. The contractor shall comply with the provision of payment of wages act and the minimum wages act or any other rules made there as amended from time to time in respect of all employees deployed by him in connection with this contract.

34. The contractor, in addition to the indemnity provided by law shall indemnify the Railway

administration against all liability what so ever to pay compensation under Workmen Compensation Act 1923 and are as amended from time to time in respect of any accident/injury



to any employee employed by him under his contract or compensation in respect of any claim arising out of or in the course of deployment under this contract.

35. Vehicles have to be parked either in Railway office or at the residence of the Railway officer as

directed by the Railway. Railway may provide open parking space but parking shall be purely at contractor’s risk. In case vehicle is parked other than the above mentioned places then the kms. For it’s parking & starting point will on contractor’s account.

36. The work will be carried out as per Schedule of work. Vehicle will always be made available at

the specified place and the driver will be made available on the specified time, as advised by this office. The Drivers/vehicles shall report to the concerned Railway officials to whom the vehicle is attached. The Officer to whom the vehicle is attached shall decide the count of duty hours and kilometers for both reporting and release of vehicle.

37. The total duty hours of the driver will be 12:00 hours per day from any time to any time. In case

of an emergency, the vehicle will be booked at any time. The contractor will have to give his driver’s contact number (both residence and mobile no) so as to enable to summon them during night in case of emergencies. Driver must rush to the duty and report within half an hour after receiving the intimation. As far as possible maximum of 2 days break per month may be given for maintenance of the vehicle.

38. Driver should possess and always carry with him his permanent and valid driving license. A

driver of good conduct and behavior will have to be provided and in case of complaints, shall be replaced immediately at the cost of the contractor. In case of complaint, the judgment of the railway administration shall be final as to what constitutes undesirable behavior or conduct i.e. must not indulge in smoking, consumption of alcohol, drugs or other intoxicated material during his duties. No frequent change of driver is allowed.

39. The contractor will submit photocopy of all papers related to the vehicle within 7 days of the

date of placing the work order.

40. The contractor will indemnify the railway administration or any third party for any damage, loss, destruction etc. caused due to the negligence or acts of omission and commission of the driver/staff of the vehicle owner.

41. The agreement shall be valid from the date of specified by Railway Administration.

42. In case the Driver has to make night halt outside the place where the vehicle is based, no extra

amount shall be paid for it.

43. Contractor shall maintain a separate Log Book in specified format, which shall be signed jointly by the Driver and the officer in charge. It will be the sole responsibility of the driver that the log book is filled up regularly and there is no cutting/over writing. If there is any cutting/over writing the same shall be attested by the officer in charge using the vehicle.

44. No interest will be allowed on the security deposits.

45. Incomplete and vague offers are likely to be rejected without any further reference.



46. Railway reserves the right to reject all or any offer without assigning any reason thereof or to

relay or to change any of the conditions specifications stipulated in the tender at any time. 47. If the tenderer deliberately gives wrong information in his tender or wrongfully creates

circumstances for the acceptance of his tender, the Railway reserves the right to reject such tender at any stage.

48. The vehicle proposed to be hired on monthly rate basis for a period of 32 months initially with

the condition that Railways can discharge the agreement due to non-satisfactory performance giving three weeks’ notice to the contractor.

49. The Railways reserve the right to vary, if required, the quantity of each item of work / supply up

to 25% at the same rate and on the same terms and conditions. 50. The vehicles shall be used at the discretion of the Railway Authority using the vehicle. “Govt.

of India” or “Hkkjr ljdkj” will not be written on the vehicle. However, “on duty for Govt. of India” or “Hkkjr ljdkj lsokFkZ”, may be written, if required. The contractor shall have valid form of nameplate and paint only valid name on the vehicle.



Special condition of Contract

1. The work covered by this tender is skilled and technical in nature and only the firms having sufficiently skilled and experienced staff with them and who have carried out tight targeted signaling works in the past need quote against this tender.

2. Contractor should provide firm’s PAN, issued by income tax department with his quote or within

30 (thirty) days of award of contract. No payment will be released without submission of PAN. All taxes (including surcharge & cess) shall be recovered from his payments as per tax provision in vogue.

“ The tenderer for carrying out any construction work in Madhya Pradesh must get themselves registered from the registering office under section –7 of the building and other construction workers act 1996 and rule made thereto by the MP govt. and submit certificate of the registration issued from the registering officer of MP govt. (labour department) for enactment of this act, The tenderer shall be required to pay cess @1% of the cost of construction work to be deducted from each bill. Cost of material shall be outside the purview of the cess, when supplied under a separate schedule item”

3. Tenderers may carefully note that their contract Agreement for this work is liable to be terminated

at any time later, in case any of the information furnished by them is found to be untrue or any adverse point comes to light subsequently. The decision of Railway in this regard shall be final and binding.

4. The Tenderers, if they so desire before quoting, should inspect the site of the work in detail and

acquaint themselves about the terrain, approach road and other site conditions affecting the execution of the work on their own cost.

5. The resultant Contract of this tender will be governed by the Tender Conditions, Instructions to

Tenderers and General Condition of Contract as applicable to West Central Railway and Special Conditions mentioned here. In case of contradiction between Tender conditions, instructions to the tenderer, the General conditions of the contract and the special conditions of the contract, the latter will prevail.

6. The Tenderer shall keep their offer valid for the period of 04 months from the date of opening

of tender. NATURE OF TENDERING :

7. The tenderer is required to submit his offer in the office of Sr. DSTE/Co./Bhopal. 8. The envelope will bear tender number, it’s description, name of the tenderer, date of opening. 9. The envelope should be addressed to the President of India through Senior Divisional Signal and

Telecommunication Engineer(Co.), West Central Railway, I st Floor, opposite to control office, DRM office Building, Habibganj, Bhopal 462 024 (M. P.). The tender should be deposited in the Tender Box in the office of the Senior Divisional Signal and Telecommunication Engineer(Co.), West Central Railway, I st Floor, opposite to control office, DRM office Building, Habibganj, Bhopal 462 024 before closing of the tender box before 15.00 hrs sharp



on the date of opening. 10. The tenderer shall accept all the Railways terms and conditions and will not offer any counter

clauses. 11. The offer will consist of copy of schedule of work with prices quoted in the required space. The

tenderer will sign this on each page. 12. Tender sealed and super scribed as mentioned above, can also be sent by Registered Post with

acknowledgement due, to the above mentioned office, but no tender which is received after the time and date specified above shall ordinarily be considered.

13. As far as possible the tenderer/s bid should not have any condition or specification or assumption

contrary to the provisions in these tender documents on which the tenderer/s bid is based. Tenderer/s Special conditions, not in conformity with the tender specifications/drawings are required to be listed separately with details of exact financial implications, if any. Railways will not take cognizance of conditions/variations from the tender documents or drawings etc. It needs to be emphasized that only such conditions/ stipulations which are at variance with the tender conditions codal provision stipulated in the tender documents need be mentioned, in case tenderer/s choose to stipulate such special conditions taking into account the restrictions mentioned elsewhere in the tender document. Only such special conditions/specifications stipulated by the tenderer’s which have been specifically approved by the Railways in writing shall be deemed to have been accepted by the Railways and shall form part of the Contract Agreement. The tenderer/s conditions / stipulations which are at variance with the tender conditions / codal provisions and not approved / accepted by Railways, shall be withdrawn by the tenderers.

METHOD OF QUOTING OF RATES. 14. Estimated rates for each item of schedule have already been indicated by Railways on the tender

schedule. 15. Tenderer will indicate their rates in the form of % above / at par / % below on overall estimated

cost of tender, in the space provided for this at the end of the schedule. Percentage (above / at the par / below) should be indicated in figures as well as in words. If rates are not quoted or there is ambiguity in rates quoted by the tenderer the offer will be rejected.

16. All corrections and over writing must be signed / attested. 17. Tenderer must sign along with seal on all pages of their offer. 18. Tender forms not accompanied by the requisite EMD will be summarily rejected. OPENING OF TENDERS: 19. The tenders shall be opened at time and date specified in tender notice in the office of the Senior

Divisional Signal and Telecommunication Engineer (Co.), West Central Railway, I st Floor, opposite to control office, DRM office Building, Habibganj, Bhopal 462 024 (M. P.)

Note: If the date of opening as mentioned above happens to be a holiday, then the tenders will be opened at the same time and place on next working day. Tender Forms not accompanied by



requisite Earnest Money (Bank Guarantee is not an acceptable form) in prescribed form will be summarily rejected.

20. Railways’ decision in regard to acceptability of Technical Suitability of the offer shall be final. 21. If the tenderer fails to abide by the conditions or fails to submit documents as above, their offer

is liable to be rejected. Note: If the date of opening as mentioned above happens to be a holiday, then the tenders will be opened at the same time and place on next working day. Tender forms not accompanied by requisite Earnest money (Bank Guarantee is not an acceptable form in prescribed form will be summarily rejected. GENERAL: 22. Authorized agents are allowed to buy the tender documents on behalf of their Principals. The

tender documents is also available on website (http://www.wcr.indianrailways.gov.in) and the same can be downloaded and used as tender document for submitting the tender. However the cost of tender form ( non refundable) for tender documents downloaded from website as mentioned in tender notice is also to be paid in the form of Demand Draft issued in favour of Sr. DFM, West Central Railway, Bhopal, payable at Bhopal and to be enclosed with the tender form while submitting the tender. In case the tender for which tender document is down loaded from website is not accompanied with the valid demand draft for the cost of tender document, the tender will be summarily rejected.

23. Telex and incomplete offers will be summarily rejected. 24. The tenderer should read the conditions carefully and also see the Schedules of supply and works

before submitting the offer and also ascertain site conditions and the magnitude of works involved. The tender must furnish information regarding similar works executed by them, work in hand and other documents along with their offer itself.

25. The documents submitted along with the offer shall be page numbered, signed by the tenderer

with their seal. The copy of the solvency certificate, credential certificate etc., if applicable in tender, should be attested. The work covered by this tender is urgent safety work required to be completed within the completion period as specified from the date of issue of acceptance letter and hence all measures to curtail the time required for awarding the contract is taken which are considered necessary.

26. Non-adherence to these as well as stipulations of special conditions at variance to those specified

herein and having financial implications are likely to make their tenders non acceptable.

RATES: 27. The rates quoted in the offer by the tenderer will be inclusive of basic cost, excise & customs

duty, sales tax, VAT, interstate tax, works contract tax, Service Tax, transport, loading, unloading charge, octroi etc., wherever leviable. The Railways will not issue ‘D’ form for concessional sales tax.

28. The price quoted should be firm and no price variation clause will be acceptable. Variation in

statutory levies and duties shall be permissible on production of documentary evidence. Towards



this extent, the tenderer should indicate the percentage of components of those items in the all – inclusive quoted prices, in the absence of which no increase in duties will be permissible if offers are received from tenderers with different VAT/TAX/Duties as applicable to the state of selling dealer, the increase in such statutory levies and duties will be payable only till such limit, crossing of which will result in vitiation of the tender. Rate quoted by tenderer is considered inclusive of all applicable taxes, statutory duties or levies imposed by government, it shall be refunded on production of documentary evidence. All the offers shall be evaluated as per Tax regime as applicable on the date of tender opening.

Note: “For tender/contract exceeding ` 10 lakhs in value & having item/items of services covered under “Taxable Services” as per “Service Tax Registration”, tenderer(s) should possess a valid “Service Tax Registration number” failing which his/her/their offer shall not be considered. A copy of valid “Service Tax Registration” must be enclosed along with the tender.” (CPDE/WCR’s letter no W-HQ/WG/Service Tax/53 dtd. 15/09/2011). EARNEST MONEY 29. The tenderer shall be required to deposit earnest money ` 18,880/- with the tender for the due

performance with the stipulation to keep the offer open till such date as specified in the tender, under the conditions of tender. The earnest money shall be as specified in tender notice.

30. The Earnest money deposit in the form of Bank guarantee will not be acceptable. EMD as specified in tender notice should be submitted by the tenderer in favour of FA & CAO/W. C. Rly. in any of the form as under:

31. The Earnest money to be accepted only in “Cash or Banker’s Cheque/Demand Draft in favour of FA & CAO/W. C. Rly. Executed by SBI or any of the nationalized bank of India or by a scheduled bank” (As per Railway Board’s letter no. 2013/CE –I/CT/O/45/JV dtd. 22/09/14 forwarded by FA & CAO vide their office letter no. HQ/AC/FX/Earnest Money dtd. 22/06/2015). EMD should be prepared by the name of firm or by proprietor’s name in whose name tender form is issued. 32. The earnest money deposited by the successful tenderer/tenderers will be retained towards the Security deposit for the due and faithful fulfillment of the contract, but shall be forfeited if the Contractor fails/contractors fail to execute the agreement bond or start the work within a reasonable time (to be determined by the Engineer-in-charge) after notification of the acceptance of his/their tender. SECURITY DEPOSIT: 33. Security Deposit/ rate of recovery/ mode of recovery shall be as under:- (a) Security Deposit for the work will be 5% of the contract value, (b) The rate of recovery will be at the rate of 10% of the bill amount till the full security deposit is

recovered, (c) Security Deposits will be recovered only from the running bills of the contract and no other

mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit.



(d) After the work is physically completed, security deposit recovered from the running bill of the contractor can be returned to him if he so desires, in lieu of FDR/ irrevocable Bank guarantee for equivalent amount to be submitted by him.

34. Security Deposit shall be returned to the contractor after the physical completion of the work and

the Guarantee/ warranty/ maintenance period is over and after passing the final bill based on no claim certificate as certified by the competent authority. The competent authority shall normally be the authority who is competent to sign the contract. If this competent authority is of the rank lower than JA grade, then a JA grade officer (concerned with the work) should issue the certificate. The certificate, inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

35. No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to

the contractor under the contract. PERFORMANCE GUARANTEE (P.G.):

36. As per Revised Clause 16 (4) to Indian Railways General Conditions of Contract (Ref : Item-I to

Railway Board’s letter No. 2007/CE.I/CT/18 Pt. XII dated 31/12/2010) The procedure for obtaining Performance Guarantee is outlined below : (a). The successful bidder shall have to submit a Performance Guarantee (PG) within 30

(thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30 (thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days i.e. from 31st day after the date of issue of LOA. In case the contractor 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 the contract. The failed contractor shall be debarred from participating in re-tender for that work.

(b). 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 Schedules Banks; (vi). A deposit in the Post Office Saving Bank; (vii). A deposit in the National Savings Certificates; (viii). Twelve years National Defence Certificates;



(ix). Ten years Defence Deposits; (x). National Defence Bonds and (xi). Unit Trust Certificates at 5% below market value or at the face value whichever is

less.

Also, FDR in favour of Sr. DFM/W.C.Rly./Bhopal (free from any encumbrance) may be accepted. Note : The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

(c). The Performance Guarantee shall be submitted by the successful bidder after the Letter of Acceptance (LOA) has been issued, but before signing of the contract agreement. This PG shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work gets extended, the contractor shall get the validity of PG extended to cover such extended time for completion of work plus 60 days.

(d). The value of PG to be submitted by the contractor will not change for variation upto 25% (either increase or decrease). In case during the course of execution, value of the contract increases by 25% of the original contract value, an additional Performance Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor.

(e). The Performance Guarantee (PG) shall be released after physical completion of the work

based on ‘Completion Certificate’ issued by the competent authority starting that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final bill based on ‘No Claim Certificate’ from the contractor

(f). Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed. The balance work shall be got done independently without risk & 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 in his/her individual capacity or as a partner of any other JV/Partnership firm.

(g). The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and / or without prejudice to any other provisions in the contract agreement) in the event of : (i). Failure by the contractor to extend the validity of the Performance Guarantee as

described herein above, in which event in 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.



Completion period: 37. The duration of the contract will be 32 (thirty two) months from the date of actual

commencement of work. 38. Maintenance period is Nil after completion of work.

Payment:

39. Payment of on account bill for the tendered work will be arranged by the Sr. Divisional Signal & Telecom Engineer (Co), Bhopal in charge of the work through the associated accounts.

40. Wherever the Central/State makes it obligatory for the Railway to deduct any amount towards sales tax, works contract tax; the same will be deducted in addition to the Income tax and remitted to the concerned authority.

41. Payment of the contractor will be made on monthly basis as per actual running of the vehicle. The “fixed total run” during a month shall be 1500 km. The vehicle will be required to run for 1500 Km. per month with extra 500 km. if needed per month. However minimum one month’s charges will be paid to the firm as per the price quoted by the contractor for “fixed total run” of 1500 km. per month(after deducting taxes payable as per extant rules) for schedule item no. 1a and maximum one month’s charges will be paid to the firm as per the price quoted by the contractor (after deducting taxes payable as per normal rules) for schedule item no. 1a and amount for extra running of vehicle as mentioned in sch. Item no. 1b . The running of the vehicle in kilometers will be counted from the timing of first reporting to the concerned officer/railway to the time of release and not from garage to garage.

42. Variation in contract quantities The procedure as detailed below shall be adopted for dealing with variation in quantities during

execution of works contracts (Rly. Board’s Ltr. No.2007/CE.1/CT/18 dtd.28/09/07):

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered as unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions (Para 9(ii) of Rly. Board’s Ltr. No.2007/CE.1/CT/18 dtd.28/09/07 modified as under vide Rly Bd.’s letter no 2007/CE.I/CT/18 Pt XII dtd. 31/12/2010).

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S. A. grade.

(i). Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender.

(ii). Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned item, shall be paid at 96% of the rate awarded for that item in that particular tender.

(iii). Variation in quantities of individual items beyond 150% will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

(b). The variation in quantities as per the above formula will apply only to the Individual items of the

contract and not on the overall contract value.



(c). Execution of quantities beyond 150% of the overall agreemental value should not be permitted and, if found necessary should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO/ FA&CAO (C) and approval of General Manager.

3. In cases where decrease is involved during execution of contract : (a). The contract signing authority can decrease the items up to 25% of individual item without

finance concurrence. (b). For decrease beyond 25% for individual items or 25% of contract agreement value, the approval

of an officer not less than rank of SA grade may be taken, after obtaining ‘No Claim Certificate’ from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

(c). It should be certified that the work proposed to be reduced will not be required in the same work. 4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed

for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as

a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

7. For the tenders accepted at the Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies.

8. For tenders accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

10. The aspect of vitiation of tender with respect to variation quantities should be checked and avoided. In case of vitiation of the tender (both for increase as will as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained”.

43. The Railway reserves the right to split / delete certain items of the tender without assigning

any reason. 44. If there is change in interse position due to any variation, vitiated amount will be deducted

from the dues payable. 45. No price variation clause shall be applicable to this tender. FORCE MAJURE CLAUSE: 46. If at any time, during the continuance of the Contract, the performance in whole or in part by either

party of its obligation under the Contract is prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, accidents, fires, floods, explosions, epidemic quarantines restrictions, strikes, lock - outs, act of Govt. or acts of God or such eventualities which are beyond the control of the party hereinafter referred as events and provided notice of happening of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event, be entitled to terminate this Contract, nor shall either party have any claim for damages against the other in respect of such performance or delay in performance and deliveries under the Contract shall be resumed as soon



as practicable after such events as they come to an end or ceased to exist. The delivery period shall be extended by the Purchaser for this period without any penalty.

47. The above term and condition are for guidance to all tenderers however contract shall be

governed by the “General Conditions of Contract” and the “Special Condition of Contract” mentioned herein. In case of any contradictions between General Conditions of contract and the Special conditions, the latter will prevail.

48. If there is change in interse position due to any variation, vitiated amount will be deducted from

the dues payable. 49. No price variation clause shall be applicable to this tender.

APPENDIX TO SPL CONDITIONS OF THE CONTRACT 1. Sr. DSTE/Signal/Bhopal will be Officer- in-charge for this work. 2. Sr. DFM/West Central Railway/Bhopal will be associate finance officer. 3. The nominated depot/consignee will be Senior Section Engineer/Sig/Bhopal.

“End of Tender Document”