west central railway divisional railway manager's office te… · notice no....

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Signature of the Tenderer

West Central Railway Divisional Railway Manager's office, ,

Commercial branch, Bhopal.

Bhopal Division

TENDER DOCUMENT

OF

Notice No. C/BPL/CP/Tender/MPDS/2018

Date of Submission :-25/10/2018

NAME OF WORK – Open Tender for supply, installation, operation and maintenance of Multi Purpose display system (MPDS) at passenger reservation system (PRS), UTS Cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years.

COST OF TENDER DOCUMENT : - Rs.5000/- + GST 18%

THE DIVISIONAL RAILWAY MANAGER( COMMERCIAL) West Central Railway

Bhopal

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Tender Notice

West West Central Railway Bhopal Division No : C/BPL/CP/Tender/MPDS/2018 Date: 28.09.2018 Divisional Railway Manager (Commercial), Bhopal Division, West Central Railway Bhopal on behalf of president of India invites open competitive bidding under Single Packet System for awarding contract for supply, installation, operation and maintenance of Multi Purpose Display system (MPDS) at passenger reservation system (PRS), UTS cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations over Bhopal division in West Central Railway with sharing of commercial advertisement, for a period of 5 (five) years.

1. Detail of Tender. Sr. No Particulars Description

1 Name of work Open Tender for supply, installation, operation and maintenance of Multi Purpose Display system (MPDS) at passenger reservation system (PRS), UTS cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations over Bhopal division in West Central Railway with sharing of commercial advertisement.

2 Type of Tenders Single packet 3 Eligibility criteria 1. The participating agency should have experience of

execution of similar projects/schemes in the past 3 years immediately preceding the date of submission of bid.

2. The average annual earnings from such single similar project should be at least 35% of the average per annum reserve price. (Average annual reserve price is Rs. 961132/-) hence, average earning of bidder from similar project should not be less than 336396/-

4 Tenure of Contract Period of contract for 5 years with the clause of same license fee in 2nd and 3rd year and 10% escalation in 4th year over the 3rd year license fee and 10% in 5th year over 4th year license fee.

5 Availability of tender documents

Tender document can be downloaded from website wcr.indianrailways.gov.in. Further, it can also be purchased in personal from commercial branch, DRM Office, Bhopal during working hours i.e. 10.00 to 17.00 hrs from ---------.

6 Last date for sale of documents.

Up to 17.00 hrs on 24.10.2018

7 Last date and time of acceptance of documents.

Up to 15.00 hrs on 25.10.2018

8 EMD Rs. 25,000/- (Rs. Twenty Five Thousand Only) 8 Date of opening of

Packet At 15.30 hrs on 25.10.2018

10 Validity of offer Tenderer(s) shall keep the offer valid for a minimum period of 30 days from the date of opening of the tender.

2. Terms and conditions of the tender documents can be obtained between 11.00 to 17.00 hrs. on all working days from the date of publication from the office of Sr. Divisional Commercial Manger’s office West Central Railway Bhopal.

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3. Incomplete Tender form, tender form without cost of tender form and /or EMD will be summarily rejected.

4. Tenderers can also visit on official website www.wcr.indianrailways.gov.in for details and downloading the blank tender form. The tender form downloaded from the web site will not be accepted without enclosing the cost of tender form in form of demand draft and EMD.

-/DRM(C)/BPL

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Tender form Full Name (in BLOCK LETTERS) (Permanent Place of Residential Address/Firms address, If Company) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To The President of India, Acting through Divisional Railway Manager (Commercial), Bhopal Division, West Central Railway, Bhopal Sir,

Sub: Open tender (Financial bid only) for supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station for a period of five years.

***

I/We have read and understood the various conditions of tender attached hereto and hereby agree to abide by the said terms and conditions. In the event of my/our tender being accepted, I/We accept them unconditionally. a) I/We enclose a FDR/ DD No.___________________dated._____________ for Rs. 25,000/-

(Rupees Twenty Five Thousand only) towards Earnest Money Deposit in favour of Sr. DFM West Central Railway Bhopal, as per the requirements of the tender. (Tenders not accompanied with requisite EMD will be summarily rejected).

b) Subject to the conditions given in the General and special conditions of tender, I/We tender to

the President, Union of India owning West Central Railway and in the premises represented by Divisional Railway Manager (Commercial), West Central Railway, Bhopal, for supply, installation, operation and maintenance of digital Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years on payment to the Railway Administration the license fee as specified hereunder: Amount of ANNUAL LICENSE FEE for the first year which I/we agree to pay towards advertisement In Figures

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charges to the Railway Administration for supply,

Rs……………………… In Words

Rupees

installation, operation and maintenance digital Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement

d) I/We understand / agree that the license fee payable by me is same for the Second year and third

year. For fourth year, I agree to pay 10% over third year license fee and for fifth year 10% over fourth year license fee. Illustration is given as under.

Based on the above, the annual license fee for the second, third, fourth and fifth year will be as given. 1st Year Rs. ____________________________ 2nd Year Rs. _____________________________(1st year license fee) 3rd Year Rs. ______________________________(2nd year license fee) 4th Year Rs. ______________________________(3rd year license fee +10% ) 5th Year Rs. ______________________________(4th year license fee +10% ) Total of all the five years. Rs.________________________________________________

1. Tenderers are requested to quote Maximum Annual License Fee payable (Excluding GST)

to Railways in advance. The amount of License Fee should be legibly written in ink, in figures and in words and it should not be below the par value mentioned in the tender notification. This should not include rent, electricity charges, any sort of taxes etc. payable to any local body other than railways or any other charges. Further, it is clarified that 18% GST over quoted license fees will also be recovered from the licensee.

2. Whoever will quote the highest offer for this tender, first right of refusal will be given to the proponent of the idea of MPDS system as per Para 3.7 of NFR policy (CC-2/2017). Decision of the Divisional Railway Manager (Commercial) in this regard will be final and binding on the tenderers.

e) If my/our tender is accepted, I/we also undertake to pay in addition, the Electrical Security

Deposit and electrical energy consumption charges and electrical extension charges, wherever necessary, as advised by the Railway Administration within the stipulated time.

f) In the event of failure on my/our part to comply with all or any of the terms and conditions

during the currency of the contract, the Security Deposit, shall be forfeited and appropriated by the Railway Administration not as a penalty but as ascertained liquidated damages without prejudice to any other right of the Railway Administration to claim damages from me/us for breach of contract.

g) I / We hereby declare that I/We am/are an Income Tax Assessed and enclose the copy of Income Tax filed returns in the form approved. I also enclosed copy of PAN card.

h) In the event it is disclosed that my/our account is found to be false, I/We agree that my/our Tender is liable to be summarily rejected by the Administration who shall be sole Judge and whose decision shall be final.

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i) Payment of Stamp duty on agreement, if any, to be executed pursuance of this tender will be borne by us.

j) I we agree to abide by the decision of the Railway Administration in case the offer is rejected without assigning any reason and hereby undertake to accept it as final and binding.

k) I State that I am ________ years old (State the Age) and I am Physically and mentally fit to carry out the work for supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years, to the entire satisfaction of the Railway Administration. (Note: In the event of a partnership firm/Company, please state the name, age and permanent address of all the partners/Directors separately and submit the same along with this tender. In case of company, the Article of Association should be submitted).

l) In the event if it is disclosed that my/our age is found to be false and I/We are minors, I/We agree that my/our tender is liable to be summarily rejected by the Railway Administration who shall be the sole judge and whose decision shall be final.

m) I/We also agree to keep this tender open for acceptance for a period of 30 (Thirty Days) days

from the date of opening the tender. I/We agree that I/We will not withdraw the offer before the Railway Administration accepts or rejects the same on or before 30 days from the date of opening of the tender whichever is earlier. In the event of My/Our withdrawing the offer the Earnest Money Deposit is liable to be forfeited by the Railway Administration.

n) In the event of my/our tender being accepted, I/We also undertake to take up the contract for

supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement within sixty days from my date of acceptance of Tender (LOA) and hereby bind myself /ourselves to perform the contract for a period of five years from the date of taking up the contract.

o) Railway Administration reserves the right to verify the contents of your relevant document

from the department concerned, either before the award of, or during the currency of the contract. Furnishing of false affidavit/ information/undertaking may lead to termination/cancellation of the tender/contract and initiation of legal proceedings against the tenderer/contractor for misleading the Railway Administration. For such cancellation party shall bear the loss at their own cost, expense, etc. if any.

p) I/We abide by the following conditions: i. Terms and conditions given in Para 3.7 & 3.8 of NFR Policy i.e. CC-02 of 2017 will be

applicable in this tenders and be binding on all the tenderers. Decision of DRM (Commercial) will be final in this regard.

ii. Railway Administration does not guarantee the number of Advertisements and the number of

Advertisements secured by the successful Tenderer and the License fee offered to the Railway Administration do not have any relations.

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iii. The text to be advertised should have the prior approval of the Railway Administration. iv. In the event of my/our Tender being accepted, I/We promise to Pay in advance the first year

License fee, Security Deposit, and other charges as indicated by the Railway Administration within 7 working days of receipt of Letter of Acceptance.

v. In the event of failure on my/our part to comply with all or any of the above requirements, the

Earnest Money Deposit of Rs. 25,000/- (Rupees Twenty Five Thousand only) shall be forfeited and appropriated by the Railway Administration not as a penalty but as ascertained liquidated damages without prejudice to any right of the Railway Administration to claim damage from me/us for breach of contract.

vi. I/We also hereby agree to abide by the General Conditions and special conditions of tender

detail in the tender schedules and to carry out the work according to the standard specifications for material and works laid down by the Railway for the present contract.

vii. I/We agree to abide by the decision of the Railway Administration in case my offer is rejected

without assigning any reason and hereby undertake to accept it as final and binding. viii. Until a formal Agreement is prepared and executed the Acceptance of this Tender shall

constitute a binding contract between me / us and the Railway Administration subject to modifications, as may be mutually agreed to, as indicated in the Letter of Acceptance.

q) I/We am/are enclosing herewith the following documents as required for fulfilment of the

tender conditions. I/We have also read carefully the General Conditions, special conditions and all conditions of the (duly signed on each page by me/us) which I/we shall abide:

Sl.No Enclosures Relevant documents Enclosed Yes/No a) Scheme for installation and power requirements. b) PAN number c) Other details - if any

Place : Yours faithfully, Date :

Signature of Witness. (Signature of the Tenderer/s)

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Information in connection tender for supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years .

1. Full name of the applicant : __________________________________ (In Block letters)

2. Name & Address of the Firm : __________________________________ (Where ever applicable) 3. Age of the applicant /Director(s) etc. : __________________________________ 4. Normal Place of residence of : __________________________________ the applicant and his address : ______________________________

_______________________________

5. Details of the present : __________________________________ Occupation and address of the Place of occupation _______________________________ _______________________________

6. Whether the applicant is an : ______________________________ Individual or a joint firm or ___________________________________ Company, if a Joint firm or ___________________________________ Company Memorandum and ___________________________________ Articles of Association as Applicable should be attached. Certified copy of the

Partnership deed should be attached.

7. Financial status of the applicant. : ________________________________

8. Details of bank balance of : ________________________________ The applicant supported by a Certificate from the bank

9. Contact numbers : (O)________________________________ (R) _______________________________

:( Cell)______________________________

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GENERAL CONDITIONS OF TENDER

Tender for supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years. 1. Tender Forms with tender conditions for the above noted contract are enclosed. a) Tender will earnest money deposit, tender application charges (if down loaded from

internet) and other related documents including the entire tender form document duly signed by the tenderer. It will also contain scheme for installation and power requirements, financial stability and other details. It will contain financial schedule. This will be kept in a sealed cover and marked Tender notice no. C/BPL/CP/Tender/MPDS/2017 subscribed “Tender for supply, installation, operation and contract for supply, installation, operation and maintenance of Multi Purpose Display System (MPDS) at Passenger Reservation System (PRS) centres, UTS cum PRS and Unreserved Ticketing System (UTS) locations at Booking office counters of A1, A, B, D & E category station over Bhopal division in West Central Railway with sharing of commercial advertisement for a period of five years”. The above covers should contain the Name and address of the tenderer.

2. Tender should be addressed to Senior Divisional Commercial Manager, West Central

Railway, Bhopal Division, Bhopal and submitted in sealed cover as indicated in para above.

3. Tenders shall be dropped in the tender box kept in the office of Senior Divisional

Commercial Manager, West Central Railway, Bhopal during 10.00 to 15.00 hrs on 25.10.2018. Tenders received after 15.00 hours of 25.10.2018 will not be considered. The Railway Administration will not be liable for any delay in transmission through post or otherwise and such tenders will not be considered. Tenders by E-Mail, telegram, FAX etc. will not be considered. Late/belatedly received tenders will be summarily rejected.

4. The slit of the Tender box will be sealed at 15.00 hrs on same date i.e. 25.10.2018.

The sealed Tender Box will be opened by nominated officers at 15.30 hrs on the same date. Names of the tenderers will be announced immediately. Tenderers are advised that if they so desire, they can send their authorized representative to witness the opening of tender.

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4. No tender will be considered if not accompanied by requisite earnest money deposit, as per terms and conditions of the tender. This tender form is not transferable.

5. In case the tender form and document is downloaded from web site the cost of tender

form should also be enclosed along with the tender. The cost of tender form should be in the form of DD drawn in favour of Sr. DFM West Central Railway, Bhopal.

6. No tender will be considered if not accompanied by EMD in proper mode and cost of

tender forms in case of downloading of tender form from the web site. 7. Tenders shall be submitted in the prescribed form/format only, failing which it will

not be considered. All the pages of the tender document should be signed by the tenderer

8. Tenders containing erasures or alterations without proper attestations are liable to be

rejected.

9. Incomplete Tenders are liable to be rejected. The authority for accepting or otherwise of the Tender rests with the Divisional Railway Manager (Commercial), West Central Railway, Bhopal Division, Bhopal.

10. Conditional offers will not be accepted and will be rejected summarily.

11. The Railway Administration reserves the right to reject all or any of the tenders without assigning any reason and it is not bound to accept the highest offer.

12. All tenders should contain the following details:

a) Offer letter complete as per prescribed format. b) Signed each page of tender document as the tender conditions carefully read by

tenderer and agreed. c) Earnest Money Deposit in proper mode. d) Other documents, if any, prescribed. d) A copy of partnership deed (in case of partnership firm), copy of Memorandum and Article of Association (in case of company or in case of Co-operative society), Affidavit (in case of proprietorship firm). (Authorized signatory may be defined in case of firms other than individuals).

e) Other relevant information/documents, including their expertise and experience in the areas for which tender is been invited. (May be incorporated in the space provided at the end of this section or it may be attached separately along with this form duly signed and stamped).

h) If the application form is downloaded from the Railway website, Demand draft towards the cost of tender form should be enclosed. DD should be drawn in favour of Sr. DFM West Central Railway, Bhopal.

i) Audited Balance sheet for last three year i.e. 2015-16, 2016-17 & 2017-18 to verifying financial standing of the firm.

j) Annual turnover certificate issued by chartered accountant for last three year i.e. 2015-16, 2016-17 & 2017-18.

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16. EARNEST MONEY DEPOSIT:

i. The Tenderer shall be required to deposit Earnest Money Deposit as notified in the tender notification, and to keep the offer open till acceptance/rejection of the offer is communicated by the Railway Administration or till 30 days from the date of opening of tenders whichever is earlier.

ii. Earnest Money Deposit should be deposit in the form of Demand Draft/ FDR drawn in favour of Sr. DFM West Central Railway, Bhopal. iii. Tenders will not be considered unless the Earnest Money Deposit has been deposited in accordance with the stipulation herein above.

iv. The previous Earnest Money submitted in connection with any other Tender will not be adjusted towards the present Tender. The Earnest Money of the unsuccessful Tenderer will be refunded within a reasonable time after the tenders have been disposed off.

v. No interest shall be allowed on the Earnest Money Deposit or on any amount paid by the tenderer/contractor to the Railways.

vi. The Earnest Money deposited by the successful tenderer will be adjusted towards the Annual License Fee. In case the successful tenderer does not make the payment of license fee within the specified time, the earnest money deposit will be forfeited.

17. GENERAL

a) The quoted Annual License fee amount should be legibly written in ink, in figures and in words and it should not be below the par value mentioned in the tender notification. This should not include rent, electricity charges, any sort of taxes etc. payable to any local body or any other charges.

b) In case any variation found in offer price in word and figure, rate quoted in word will be final and binding on tenderer.

c) Tenders by company/firms shall be in the company/firm’s name, signed on behalf of the company/firm by the person authorized in this behalf. In case of Company/partnership firm, the names of all the directors/partners with their full postal address should be furnished with the tender. The director/partner who is signing the tender form should hold a Power of Attorney in his favour to act for and on behalf of the partnership firm. If the company/firm is registered under the Indian Companies Act/Partnership Act, the registration number of the company/firm should also be given. In case of a Joint Hindu Family, the Manager expressly as such Manager must sign the tender.

vii. The offer should be kept open for a period of 30 days from the date of opening of

tenders. The Railway Administration reserves the Right to seek extension of period of offer of tender, if necessary. Further the Railway Administration reserves to itself the right to accept/reject or negotiate with any of the tenderer regardless of the priority of the offer.

viii. If the tenderer withdraws his offer before the Railway Administration

accepts or rejects the same or before 30 days from the date of opening of tender

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whichever is earlier, the Earnest Money Deposit will be forfeited to the Railway Administration, as ascertained liquidated damages.

ix. The Railway Administration reserves to itself the right to reject all or any of the tenders without assigning any reason and is not bound to accept the highest.

x. No separate communication relating to the tender must be addressed by the tenderer to the officer or any other person in the Railway Administration but all explanatory or qualifying remarks which the tenderer/s may desire to make must be recorded in the tender form itself in the space provided for the purpose.

Place: Divisional Railway Manager (Commercial) Date: Bhopal For and on behalf of President Union of India

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SCHEDULE TENDER FOR SUPPLY, INSTALLATION, OPERATION AND MAINTENANCE OF Multi Purpose display system (MPDS) at passenger reservation system (PRS), UTS Cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations OVER BHOPAL DIVISION IN WEST CENTRAL RAILWAY WITH SHARING OF COMMERCIAL ADVERTISEMENT FOR A PERIOD OF FIVE YEARS. 1. Supply, installation, operation and maintenance of Multi Purpose display system

(MPDS) at passenger reservation system (PRS), UTS Cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations over Bhopal division in West Central Railway with sharing of commercial advertisements for a period of five years, the cost of which is to be borne by the successful tenderer.

2. Designing, Installing, Operating and Maintaining of Multi Purpose display system

(MPDS) at passenger reservation system (PRS), UTS Cum PRS and unreserved ticketing system (UTS) counters at A1, A, B, D & E class stations over Bhopal division in West Central Railway - the cost of which is to be borne by the successful tenderer (it includes cost of laying cable, electrical, cost of all the above system and other appliances required for Multi Purpose display system (MPDS) networking & communication, required software and additional hardware if any etc.).

3. The PRS, UTS cum PRS & UTS locations where the MPDS is to be provided are as

mentioned below: Calculation Sheet

S.No Name of Station Catg. RP

No of window Total area (Per counter LCD/TFT screen size X total counter) (in Sq.Ft.)

Reserv price (70% of tariff rate as commercial display of screen X total area) in Rs. Per annum

UTS PRS UTS Cum PRS

Total Window

1 Bhopal A-1 3665 8 9 0 17 50.048 183426 2 Habibganj

A

3266 6 10 0 16 47.104 153842 3 Itarsi 3266 3 2 0 5 14.72 48076 4 Bina 3266 3 1 0 4 11.776 38460 5 Vidisha 3266 3 1 0 4 11.776 38460 6 Hoshangabad 3266 2 1 0 3 8.832 28845 7 Guna

B

1845 2 1 0 3 8.832 16295 8 Ganjbasoda 1845 2 1 0 3 8.832 16295 9 Harda 1845 1 1 0 2 5.888 10863

10 Shivpuri 1845 1 1 0 2 5.888 10863 11 Sanchi 1845 0 0 1 1 2.944 5432

12 Sant Hirdaram Nagar

D 1641 1 1 0 2 5.888 9662

13 Ashoknagar 1641 2 1 0 3 8.832 14493 14 Ruthyai 1641 0 0 1 1 2.944 4831 15 Banapura 1641 0 0 1 1 2.944 4831

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16 Mungaoli 1641 0 0 1 1 2.944 4831 17 Mandibamora 1641 0 0 1 1 2.944 4831 18 Khirkiya 1641 0 0 1 1 2.944 4831 19 Biora Rajgarh 1641 0 0 1 1 2.944 4831 20 Timarni 1641 0 0 1 1 2.944 4831 21 Gulabganj 1641 1 0 0 1 2.944 4831 22 Talvadia 1641 1 0 0 1 2.944 4831 23 Chhanera 1641 0 0 1 1 2.944 4831 24 Mandideep 1641 0 0 1 1 2.944 4831 25 Shajapur

E

1641 0 0 1 1 2.944 4831 26 Obedulla Ganj 1641 0 0 1 1 2.944 4831 27 Bir 1641 0 0 1 1 2.944 4831 28 Vijaypur 1641 0 0 1 1 2.944 4831 29 Pachor road 1641 0 0 1 1 2.944 4831 30 Sarangpur 1641 0 0 1 1 2.944 4831

31 Rest E category

station 49 STN. 1641 49 0 0 49 144.256 236724

85 30 16 131 385.664 0 Total reserve price for first year (as per CC-29/2014) 893866

Reserve price for second year 893866 Reserve price for Third year 893866

Reserve price for Fourth year (10% escalation) 983253 Reserve price for fifth year (10% escalation) 1081578

Reserve price for five year 4746429 Moreover, the Railway shall be at its liberty to either decrease or increase the number of such counter. In case of increase of the counter, the licensee shall be bound to provide Multi Purpose display system (MPDS) at such increased counter within a reasonable period, as deemed fit by the Railway Administration. There shall be no decrease or concession in the license fee payable by the licensee in case of decrease of number of Multi Purpose display system (MPDS) during the contract period. Moreover, the Railway Administration will also not be liable to pay any compensation whatsoever for decrease in no. of counter/MPDS or non-display, theft, damages to the MPDS, etc.

4. The successful tenderer will bear the entire cost of the system which includes software, Hardware, Installation, Monthly maintenance, replacement of parts and repair etc.

5 The complete costs of fabrication and assembling and developing the system including

hardware and software for the Multi Purpose display system (MPDS) will be borne by the successful tenderer.

6 The Multi Purpose display system (MPDS) should be LED based monitors. The size

should be 32”LED monitors of reputed brand or as per the feasibility as approved by railway administration in the event of any difficulty in the installing.

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7 Additional Multi Purpose display system (MPDS) screens can be installed by

successful tenderer by paying the applicable License Fee on a pro rata basis.

8 The screen of the LED monitor will be divided into two portions in the ratio of 30:70 and screens should be placed vertically. The bottom portion of the monitor which will comprise 30% of the screen will necessarily display the ongoing transaction detail that is being carried out by the counter clerk with the passengers at the counter. The transaction details will include the basic knowledge to the passengers with regard to the application he has forwarded for receiving the tickets such as originating and destination station, class, fare, no of passengers, reservation status along with name of the counter clerk. The upper portion of the monitor which will comprise 70% of the screen will be utilized for displaying the Railway messages and also commercial advertisements on 50:50 time slot sharing basis.

9 Each LED monitor should be connected to a PC. The LED monitor will be strategically

placed outside each and every reservation/ booking window. The PC along with the software should be handed over to the concerned supervisors and the same should be located in a safe place in the counter area. The Electrical power supply (uninterrupted power supply) for Multi Purpose display system (MPDS) will be provided by the Licensee and it will be included in AMC charges will be computed on actual consumption through electronic energy meter. The charges will be paid by the Licensee as per tariff on monthly basis. If the tariff of MSEB changed during contract period the unit charge will be accordingly.

10 No separate terminals will be provided for connecting to the PRS system. The successful

tenderer will have to develop a system to tap the information from the cable connected to PRS dumb Terminals/ UTS terminals.

11 The day to day upkeep including incorporating important Railway message will be done by the successful tenderer at its own cost. If necessary the successful tenderer can employ it own staff for such activities the cost of which also will be borne by the successful tenderer. The successful tenderer’s personnel manning the work spot should wear neat uniform with identity badge. The behaviour of such personnel should in no way affect the interest of the Railway Administration. The successful tenderer shall employ only such staff as shall have good character and as well behaved and skilful in their business.

12 He shall furnish the Railway Administration in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this Agreement before they are so employed and the Railway Administration shall be at liberty to forbid the employment of any person whom it may consider undesirable. He shall also have the character of all persons in relation to labourers employed by him verified by the police to the satisfaction of the Railway Administration before the employment.

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13 ACCEPTANCE OF THE TENDER Acceptance of the tender by the Railway Administration is subject to the following: a) Offer less than the reserve price is likely to be rejected.

b) The Merits of the system: The cost of the system as a whole. Quality of the

materials used such as LED monitor, PC side application software, embedded software etc., Design cables and other appliances, ISO certifications etc. (The system as a whole including hardware equipment and software required for the system.

15 ADVERTISEMENT RIGHTS:-

In lieu of the cost of the project and the quoted license fee, the successful tenderer will be given 50% time slot for commercial advertisements as per para 7 & 8 above.

16 PERIOD OF CONTRACT:

The period of contract will be for a period of five years and shall commence within the expiry of 60 days from the date of LOA or actual exhibition of the media, whichever is earlier.

17. Eligibility criteria 1. The participating agency should have experience of execution of similar

projects/schemes in the past 3 years immediately preceding the date of submission of bid.

2. The average annual earnings from such single similar project should be at least 35% of the average per annum reserve price. (Average annual reserve price is Rs. 949290/-) hence, average earning of bidder from similar project should not be less than 332252/-

18 PAYMENT OF LICENSE FEES:

a. The successful tenderer shall pay the license fee (as quoted by him and accepted by the Railway Administration) in advance, the first year license fee within 15 days of receipt of letter of Award (LOA). The License fee for each subsequent year period must be paid one month in advance of the year to which it is related.

b. The successful tenderer may remit the License fees in the form of Demand Draft

drawn in favour of Sr. DFM West Central Railway, Bhopal. The Demand Draft should be deposited in the office of Sr. Divisional Commercial Manager, West Central Railway, Bhopal. Any other mode of payment will not be accepted.

c. If the successful tenderer fails to pay the license fee and other charges due for more

than 10 days from the due date, the successful tenderer is liable to pay liquidated damages at the rate of 18 percent per annum on the due amount. However, if the payment is not made within a month, the Railway Administration will be at liberty to terminate the contract.

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d. In the event of failure on the part of the successful tenderer towards payment of License fee or any other charges due to the Railway Administration, the Railway Administration will have the right to forfeit the Security deposit, cash the same towards the charges due without prejudice to any other right to recover for the balance amount if fallen due.

e) Further, if the successful tenderer fails to remit the dues as stated above, the Railway Administrative reserves the right to confiscate the equipment’s, machinery and other materials of the successful tenderer without prejudice to any other rights available with the Railway Administration duly forfeiting the security deposit and to initiate eviction proceedings for getting the Railway premises vacated and take action for the recovery of license fee and other charges due and liquidated damages on the dues at the rate of eighteen percent per annum referred to above from the date of default up to the date of actual vacation of the premises by the successful tenderer, in addition to the cost of eviction proceedings.

19 SECURITY DEPOSIT

a) The successful tenderer will also pay Security Deposit (equivalent to 10% of the total license fee for five years), within 15 days from the date of LOA. No interest will be paid on Security Deposit. Security Deposit may be remitted in the form of Fixed Deposit drawn in favour of Sr. DFM West Central Railway, Bhopal.

b) This Security Deposit is in the nature of Security for satisfactory completion of the

Agreement. On successful completion of the contract, the amount will be refunded after adjusting dues, if any, within a reasonable time. In the event of failure on the part of the agency in fulfilling the conditions satisfactorily or to pay any other charges due to Railway Administration, the Railway Administration shall have the right to forfeit the Security Deposit in full and confiscate other materials etc. of the party without prejudice to any other right to recover the dues applicable under law.

c) No interest shall be payable on Security Deposit, deposited with Railways.

20 AGREEMENT: [

The successful tenderer shall be required to execute an Agreement as per the specimen supplied to them, before the commencement of the contract. If the successful tenderer fails to sign the agreement duly paying all the dues as described above, Railways reserve the right to terminate the contract.

21 MODIFICATION IN AGREEMENT Any addition/alternation/change/modification/review and extension can be made to this agreement, only with the mutual consent of the successful tenderer and the Railway Administration as per schedule of Powers, applicable on West Central Railway Bhopal Division.

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22 MAINTENANCE a) Since it is an important facility for the passengers the work for maintenance and

upkeep should be continuous. The maintenance could include replacement of parts, normal wear and tear etc. The successful tenderer is required to enter with AMC with the manufacturer so that the LED displays etc. are kept in healthy working system. The successful tenderer is also required to undertake major repairs during his tenure if such need warrants and keep the system in working condition (should also be a part of AMC).

b) The AMC should be for the full period of contract for five years.

c) The successful tenderer should ensure a minimum of 90% of the total number of LED

etc. displayed should always be in working condition during the period of contract.

d) Mean-Time-to-repair should be as low as possible. A minimum of 12 hours is an acceptable one. Tenderer may indicate his proposal with staff arrangement etc. However, the system should be repaired with in twenty four hours.

e) The Railway Administration shall not be responsible or liable to pay any

compensation or refund any portion of Rental charges to the successful tenderer if their LED system does not function and or the visuals and slides are not displayed for any reason whatsoever.

f) Lighting/Electrical Circuit: ISI approved electrical accessories, wiring (Heat retardant

fire retardant HRFR)– copper 3/20 forward & 1/20 for neutral, 5 Amps sockets wherever necessary with appropriate Circuit Breaker consoles for protection. If 15 AMPS socket provided for any load, the circuit wire should be 7/20 or 6 MM2 and 1/18 or 1 MM2 neutral wire including MCB of 15 AMPS.

23 SECURITY OF THE EQUIPMENTS

g) Security of the equipments will not be the responsibility of Railways in case of theft/vandalism.

i) The successful tender shall make the requisite insurance cover of his equipments to meet any eventuality.

ii) The successful tender shall arrange to engage its own security if they so desire, at their own expenses, to watch their equipments daily or during maintenance etc.

24. PENALTY

Sr Divisional Commercial Manager/Bhopal has full right to impose penalty.

25. Commission Tenderer should quote the amount without expecting any commission. Since this is an open bid process, no commission will be payable to the Bidder. No offer to be quoted as “On Client Basis”/“For Client”.

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SPECIAL CONDITIONS OF THE CONTRACT

Type of Publicity not allowed.

a) The Railway, reserves the right to disallow advertisement/Publicity of types, at any point of time advertisement/publicity, which has a bearing on safety. Aesthetics, security and synchronicity with existing/blocked, proposed and new sites without compensation. The advertisements placed by the successful tenderer should not clash or interfere with the Railway-related information to be conveyed to passengers.

b) Advertisements pertaining to liquor, paan, gutka, tobacco, cigarettes, paan masalas

and other intoxicants and any other subject item considered objectionable under various acts and laws of the Govt., shall not be displayed. There shall be no obscenity in the design and matter of the advertisement material. The successful tenderer will abide by various state and statutory laws relating to advertisement/ display of items, for any contravention in this regard and shall be suitably taken up under the laws of the land. The advertiser will have to discontinue displaying of such advertisements for which the Railway Administration will issue instruction. The successful tenderer is liable to abide by the various laws of State and Statutory Law relating to advertisement/display of items. The successful tenderer shall be fully liable for any contravention in this regard and shall be liable under the law of the land.

c) The successful tenderer shall not display messages pertaining to any political

parties/political leaders on the screens.

d) Railways are national leaders in the business of transportation and successful tenderer shall not display advertisements of competitors in this field. Any type of political messages promoting any group will not be permitted to be displayed.

e) Tender shall have to be solely responsible for abiding with all laws of land and sign

papers giving indemnity to Railways for any loss/ damages arising out of such displays.

f) The Agreement would be liable for immediate review in the event of Railway

Administration installing its own digital Multi Purpose display system (MPDS).

g) During the contract period, the successful tenderer may replace the advertisements installed by them as and when required with the permission of the Railway Administration. Such removal and fixing shall be done at its cost to the entire satisfaction of the Railway Administration as per approved structural plan and technical details.

h) The Administration reserves the right to ask the successful tenderer to shift its

equipment, displays etc. from any location, to an alternative location, without any notice, if it is so required and such shifting shall have to be done by the successful tenderer at its own cost and no compensation will be payable to the successful tenderer/licensee.

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i) The successful tenderer shall take approval of the Administration while sending its authorized representative for maintenance of the advertisement displays including electrical fittings etc.

j) The successful tenderer shall not be permitted to Assign / Transfer the contract or

sublet the above, but he can put up the advertisement materials on behalf of his clients. The parties who advertise in railway area have no right to resort to any action against railways as they are not privy to the contract.

k) No contract will be allotted to minor/minors under any circumstances.

Clearance from authorities:

l) The successful tenderer shall ensure that the competent authority duly certifies all the advertisements brought by them for display. Film censor board duly certifies all the short films/audio visuals brought by them for screening. The successful tenderer shall also obtain all Licenses required for the purpose and shall strictly observe the terms and conditions of such Licenses. They will be responsible for all consequences arising on account of any rules/laws in connection with display of advertisement, screening of audio visuals films etc.

m) It will be the responsibility of the successful tenderer to obtain all necessary permission for advertised material used from the prescribed authorities as required under law in operation from time to time to enable him to display their material and will pay the fee or any other charges directly to concerned authorities at his own. Such charges, if any, are not deductible from amount quoted in this contract agreement.

n) Successful tenderer will have to get the clearance for display of advertisement from

the competent authority (if required) and also pay advertisement tax etc., if any imposed by the authority acting on behalf of Court or state Govt. or Central Govt., such charges, if any, are not deductible from amount quoted in this contract agreement.

o) Successful tenderer will have to get the approval of the advertisement material from the Divisional Railway Manager (Commercial) before going ahead of the display in the Multi Purpose display system (MPDS). They should submit the soft copy of the script to the Divisional Railway Manager (Commercial), Bhopal in all the cases.

p) The successful tenderer shall pay directly to the Municipality or to any other local or Government Department concerned requisite license fees and Municipal Taxes or other local taxes or any other taxes/fees etc., where levied or become liveable on any or on all the advertisements. The Administration will not be liable for payment of any sum or reimburse any payment made in this behalf by the successful tenderer.

q) The successful tenderer shall comply with the laws of land, regulating the advertisement/display and Railway cannot be held liable for any change/modification in the laws that adversely affect this tender and the licensee will have no right whatsoever.

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r) If not provided otherwise in the agreement all notices to be given by the Railway Administration and all other to be received on its behalf may be given or taken by the Divisional Railway Manager (Commercial), West Central Railway, Bhopal or any other officer for the time being entrusted with the functions, duties and powers of the competent authority.

s) Railway Administration will not be responsible for loss/damages caused to the tenderer due to removal/alteration/banning of advertisement etc. by Competent Authority.

t) The Railway Administration shall not be responsible for any loss or damage caused to the successful tenderer due to total discontinuance of the scheme under the agreement for any reason whatsoever.

u) The Railway Administration reserves the right to ask the successful tenderer to remove the advertisement display if it is so required and such removal has to be done by the successful tenderer at its own cost and no compensation will be payable to the successful tenderer.

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TERMS & CONDITIONS OF THE CONTRACT

Engaging guard and labour by Licensee

i) The successful tenderer shall have to employ his own men to operate the entire system and for its maintenance at his own cost and the behaviour of such personnel should in no way affect the interest of the Railway Administration.

ii) The labourers/workmen engaged by the successful tenderer to perform the

successful tenderer’s work shall only be called the employee of the successful tenderer and have no link with the Railway department. The staff of successful tenderer shall not be entitled/ claimed for any Railway benefits.

iii) The successful tenderer shall have no tenancy or ownership rights, whatsoever for the area given to them temporarily for working purposes.

iv) The successful tenderer shall employ only such staff as shall have good character

and as well behaved and skilful in their business. He shall furnish the Railway Administration in writing with the names, parentage, age, residence and specimen signature or thumb impression of all servants whom he proposes to employ for the purpose of this Agreement before they are so employed and the Railway Administration shall be at liberty to forbid the employment of any person whom it may consider undesirable. He shall also have the character of all persons in relation to labourers employed by him verified by the police to the satisfaction of the Railway Administration before the employment. The successful tenderer is required to observe the provisions of Bombay Shops and Establishment Act.

v) The successful tenderer shall comply with the requirement of health standard and if

the person (s) employed by the licensee is found to be suffering from any infectious diseases as detected by the Railway Administration the person (s) will not be allowed to perform duties till he is cured of the diseases as precautionary and preventive measure

vi) All civil and electrical works involved in doing this work should be executed

without causing any inconvenience to travelling public.

vii) Any damage caused to Railway property during the course of installing of Multi Purpose display system (MPDS) to be made good immediately by the successful contractor at their cost to the fullest satisfaction of Railway Administration.

viii) Contractor/Licensee’s personal manning the work spot should wear neat uniform

with identity badge. viii) In case contractor/licensee fail to comply the conditions stipulated above, and

also during the period of execution/maintenance, in the opinion of Railway Administration the performance is not satisfactory, Railway Administration reserves the right to terminate the contract.

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ix) The successful tenderer shall install the equipment of Multi Purpose display system (MPDS) etc. at the approved location to the entire satisfaction of the Railway Administration at their own cost.

x) Successful tenderer will make arrangements for cables (both electrical and audio

visuals) etc. for connecting their systems etc.

xi) The successful tenderer shall have to arrange at his own cost all the equipments, installations necessary for the system as per the required standard and specifications of the Railway.

xiii) During installation of digital Multi Purpose display system (MPDS) by the

successful tenderer if any portion of the wall surface or otherwise is damaged or spoiled the same shall be made good immediately by the successful tenderer at its own cost to the entire satisfaction of the Administration. Even otherwise, after fixing of the display system, the wall surface shall be fully restored to its original shape/condition by the successful tenderer at its own cost to the entire satisfaction of the Railway Administration. In the event of the failure to do so Security Deposit can be forfeited.

xiv) The successful tenderer shall not store or bring or keep in the premises heavy

articles likely to injure or damage the premises/persons or keep goods of combustible or inflammable nature.

xv) The successful tenderer shall not use electrical heater, toaster and other allied

appliances in the premises for preparation of tea, coffee or heating of food etc., unless specifically provided under the Agreement to perform contractual obligations.

xvi) The successful tenderer should not interfere with the electrical installation of the

Railways without the prior written consent of the Railway Administration.

xvii) The successful tenderer shall be responsible for all consequences arising on account of violation of Laws, Rules in connection with the Contract by the licensee and his agents.

Engagement of other companies for fabrication of advertisements:

i) The Railway Administration will have no objection if the successful tenderer engages other companies/concerns/agencies for the purpose of exhibition of fabrication, painting and selling advertisement space directly to users intending to promote the sale of commodity, of service, to advance an ideal or to bring above some other effects desired by the advertisers. Subletting of rights for advertisements to other advertising agencies would be permissible under this agreement as long as the upkeep of system is maintained.

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ii) The engaging of such concern etc. for purpose of exhibition of fabrication painting, selling of space etc. will be entirely at the successful tenderer’s own risk and cost. Any interactive in-house promotional campaign may be carried out by the successful tenderer with due approval from Railway administration.

Issue of identity cards to the staff engaged by the licensee

Number of staff to be engaged by the licensee at Railway Station will be approved

by the Railway Administration and Identity card issued by contractor as per approved format.

Traveling Authority

i) No free pass or privilege ticket order/residential card pass will be issued to the successful tenderer or any of his servants and they shall bear all the expenses at the time of coming to and return from the place of work.

ii) The personnel of the successful tenderer if travelling on the train have to satisfy all the

conditionality as any other passenger travelling on the train like holding valid tickets and not carrying any prohibited materials etc.

DEDUCTION OF RAILWAY DUES

a) Railway Administration reserves the right for deduction of Railway dues from the tenderer’s security amount on the following grounds.

b) Any amount imposed as a fine by Railway Administration for irregularities

committed by the successful tenderer.

c) Any amount, which Railway Administration becomes liable to pay to the Govt / Third party on behalf on any default of the tenderer or any of his servants/agents.

d) Any payment/fine made under an order/judgment of any of his servants/ agents.

e) Any payment/fine made under an order/judgment of any court/consumer forum or law enforcing agency or any person working on their behalf.

f) Once an amount under this clause is debited, the tenderer shall reimburse the amount

to the security deposit to the extent of the amount is debited within 15 days period failing which it will be treated as breach of agreement.

TERMINATION OF CONTRACT:

i. Under ordinary circumstances the Railway Administration reserve the right to terminate the agreement by giving notice of not less than one month. Tenderer shall not be entitled to any damage or compensation because such termination other than the proportionate abatement of display charges for the period of non-display.

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ii. In the event of termination of the contract the installation and equipment etc. shall be removed from the Railway premises by the licensee within 30 days at his own cost from the date of receipt of intimation of termination notice. If the successful tenderer fail to remove within the period specified above, the Railway Administration shall be at liberty to dispose of the said materials in any manner as deemed fit.

iii. However, in the event of any unsatisfactory working of the tenderer, or in the event of

failure on the part of the tenderer in payment of display charges or any other charges due to the Railway Administration, the Railway Administration reserves the right to terminated the contract and to discontinue the display forthwith and confiscate the advertisement and other material of the contractor without prejudice to any rights available to him/them under the contract. This will lead to forfeiture of license fee and security deposit.

iv. For repeated violation of instructions/breach of agreement, the Railway

Administration reserves the right to terminate the contract at the risk and cost of tenderer including forfeiture of license fee, security deposit.

v. Either party to the agreement can terminate the agreement without assigning any

reason/reasons at any time by giving notice of not less than ninety days only after actual completion of one year contract period. The contractor shall not be entitled for any damages or compensation. If the contract is foreclosed within a period of five years, the security deposit will be forfeited.

Cost/Expense bearing

All costs/expenses incidental to the preparation and completion of agreement including stamp duty shall be borne and paid by the successful tenderer.

Provisions of Contract Labour (Regulation & Abolition) Act,1970:

a) The successful tenderer shall comply with all the provisions of contract labour (Regulation- abolition) Act 1970 and any subsequent amendment thereof and the rules made there under. Tenderer will indemnify the Railway Administration for any loss or damage suffered by it due to violation of its provisions.

Workmen’s Compensation Act.

a) The successful tenderer shall keep the Railway Administration indemnified and completely absolved of any risk, damage or loss howsoever caused, due to any kind of disturbance affecting the successful tenderer’s property or their personal under employment or otherwise engaged by them in discharge of their duties connected with the display of advertisements. This would include claims under the workmen’s Compensation Act and for losses suffered by third parties because of advertising material causing damage in the process of dismantling or accidental fall. The Railway Administration accepts no responsibility for any loss/damage of advertising materials belonging to the successful tenderer no matter howsoever caused.

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b) The successful tenderer should indemnify the railway administration towards any

compensation or orders or award under the Consumer Protection Act. c) The successful tenderer shall be responsible for the observance of the provision of

Hours of employment regulations Act, Payment of wages Act or any other Act. Compliance of various Acts:

The responsibility to comply with the provisions of various labour laws of the country shall be that of the Successful tenderer. Successful tenderer shall specifically ensure compliance of various laws/Acts, including but not limited to with the following and their re-enactments/amendments/modifications:

The payments of Wages Act 1963. The factory Act 1948. The Workmen Compensation Act, 1923. The Employees Provident Fund Act 1952. The Contract Labor (Regulation and Abolition) Act 1970 Rules 1971. The Payment of Bonus Act 1965. The Payment of Gratuity 1972.

The Equal Remuneration Act 1976. The Employees State Insurance Act 1948. The Industrial Disputes Act 1947. The Employment of Children Act 1938. The Motor Vehicles Act 1988 along with GSRM 728-E dated 18.10.98. The Hours of Employment Regulations. Regulations of Employment and welfare Act 1969.

i. The Successful tenderer shall fully indemnify the Railway Administration against all the

payments, claims and liabilities whatsoever incidental or directly arising out of or for compliance with or enforcement of the provisions of any of the labour or other laws to the extent they are applicable to establishment/work in Railway Administration facility.

ii. In every case in which by virtue of the provisions of the aforesaid Acts or the Rules,

Railway Administration is obliged to pay any amount of wages to workman employed by the successful tenderer 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 to incur any expenditure on account of the concerned Acts. Railway Administration shall be at liberty to withhold from the bills of the contractor the amount of wages as paid of the amount of expenditure so incurred and without prejudice to the rights of Railway Administration under relevant sections of the concerned Acts Railway Administration shall be at liberty to recover such amount or part thereof by deducting it from Security Deposit and/ or by invocation of bank guarantee from any sum due by Railway Administration to the successful tenderer whether under the particular contract or otherwise, Railway Administration shall not be bound to contest any claim made against it under any sections of any of the Acts, except on the written request of the contractor and upon his giving to the Railway Administration security for all costs for which Railway Administration might become liable in contesting such claim. The decision of Railway Administration regarding the amount actually recoverable from the

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successful tenderer as stated above shall be final and binding on him. iii. The successful tenderer shall pay not less than the minimum wages to the labourers/

workers engaged by him for the work, the minimum wage being the wage notified at the time of inviting tenders or as notified from time to time by the competent authority for the work, and where not notified the wages paid for similar work in the neighbourhood. The labour wages and allowances shall not be less than those prescribed by any provincial law etc. The successful tenderer shall keep a proper record of such payment and submit a certificate every month to Railway Administration of his having done so.

Arbitration:

i. In the event of any question, dispute or difference arising under these conditions or in connection with this contract (except as to any matters the decision or which is specially provided for by these conditions) the same shall be referred to the sole arbitration of the Gazetted Railway Officer, West Central Railway to be appointed by General Manager, West Central Railway. The Gazetted Railway Officer to be appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of his duties as Railway servant has expressed views on all of the matters under dispute or difference. The award of the Arbitration shall be final and binding on the parties to this contract.

ii. In the event of the Arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason or his award being set aside by the Court for any reason, it shall be lawful for the authority appointing the Arbitrator to appoint another Arbitrator in place of the outgoing Arbitrator in the manner aforesaid.

iii. It is further a term of this contract that no person appointed by the authority as aforesaid should act as Arbitrator.

iv. The cost of the arbitration shall be borne by the respective parties. The cost of arbitrator shall inter alia include fee of the arbitrator, as per the rates fixed by the Railway Administration from time to time.

v. Where the award is for payment of money, no interest shall be payable on whole or any part of the money for any period till the date on which the award is made.

vi. Subject as aforesaid, the Arbitration & Conciliation Act 1996, and the rules there under and any statutory modifications thereof shall apply to the arbitration proceedings under this clause.

vii. The venue of arbitration shall be the place from which the acceptance letter is issued/the Contract Agreement is signed or such other place as the Arbitrator at his discretion may determine.

viii. In this section the authority, to appoint the Arbitration includes, if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise.

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LEGAL JURISDICTION & LIABILITY:

i. Subject to the arbitration clause, all disputes are subject to the jurisdiction of the Madhya Pradesh High Court, Jabalpur and its subordinate’s court only.

ii. The successful tenderer shall indemnify the Railway Administration against any loss or damage to the property of the Railway Administration and/or against any claim under any Act in force or any Act that may become enforceable hereinafter made by the employees of the Railway Administration or Railway Passengers or any other party for death, disablement or injury to the persons or loss or damages to the property etc. or due to any reason whatsoever arising out of or in any way connected with the installation of advertisement system, construction of structures for exhibition, operation and maintenance or dismantling or advertisements. Any sums paid by the Railway Administration by way of Compensation/charge/expenses in this connection will be considered reasonable and will have to be reimbursed by the successful tenderer to the Administration immediately on demand.

iii. The successful tenderer will have no claim against the Railway Administration for

payment of compensation on any account.

iv. The successful tenderer shall keep the Administration indemnified and completely absolved of any risk/damage or loss however and whatsoever caused to the property or to the personnel engaged with the advertising Agency. The administration accepts no responsibility of any defect no matter however caused, which may occur in the installation of advertising system or advertising materials belonging to the agency.

v. The successful tenderer shall keep the Administration indemnified and completely

absolved of any claims on account of breach of patents etc. vi. Care and Safe custody of all equipment’s, fixtures and property of the Advertising

system shall be the sole responsibility of the Agency. The administration will in no way be responsible for any loss/damage of the equipment’s fixtures etc., of the system within the Railway premises and no claim shall lie against the Administration.

vii. In the case of breach of any of these conditions mentioned above, the Agreement will

be liable to be terminated and the decision of administration in this regard shall be final and binding on the successful tenderer. Such termination of contract will entail forfeiture of Security Deposit and any amount deposited with the Railway Administration including the license fee.

DEFINITIONS AND INTERPRETATIONS: 1. In these conditions of contract the following terms shall have the meaning hereby

assigned to them except where it is otherwise explicitly stated. 2. Railway shall mean the President, Union of India represented by the Administrative

Officers of the West Central Railway authorized to deal with any matter with those

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present or concerned on his behalf. The Administration means the Railway Administration represented by the Senior Divisional Commercial Manager or his authorized representative.

3. Divisional Railway Manager shall mean the Officer in charge of the Bhopal Division,

West Central Railway and shall also include his authorized representatives. Successful tenderer Agency or contractor means the person, firm or company whether incorporated or not who enters into the contract with the Railways and shall include their executors, administrators and permitted assigns.

Contract shall be governed by the law for the time being in force in the Republic of India.

Place:

Date: Signature of Tenderer/s

*** END OF DOCUMENT***

west central railway divisional railway manager's office te… · notice no....

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