NORTHERN RAILWAYnr.indianrailways.gov.in/nr/notice/1499760374255_NEW TENDER DOCUMENT.pdf · northern railway during a period of 90 (ninety days) from the date opening of tender. 3

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Signature of the Tenderer

NORTHERN RAILWAY

SINGLE TENDER NO. DSL/LDH/SLI/AMC /2017-18 FOR

AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

. ESTIMATE COST Rs. 29,77,044/-

(Taxes extra Except Environmental charges)

TENDER COST Rs. 3000/- EARNEST MONEY Rs. 59,540/- TIME PERIOD 03 YEARS DATE OF CLOSING OF TENDER BOX: 14.08.2017 AT 15.00 HRS DATE OF OPENING: 14.08.2017 AT 15.15 HRS.

ISSUED BY ISSUED TO

SR. DIVISIONAL MECHANICAL ENGINEER, N.R. DIESEL SHED, LUDHIANA

M/s ………………………………... ……………………………………… ……………………………………… ………………………………………

Total no. of pages = 33

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TOP SHEET

(A) Details to be filled in by Railway:

Single Tender Notice No. DSL/LDH/SLI/AMC /2017-18

Full Name of work


Approx. Cost/Tender Value Rs. 29,77,044/- (Taxes extra Except Environmental charges)

Completion Period 03 Year Earnest Money amount Rs. 59,540/- Cost of Tender Form Rs. 3,000/- (Non-refundable)

Last date/Time of receipt of Tenders

14.08.2017 up to 15:00 Hrs

Date & time of opening 14.08.2017 at 15:15 Hrs. Name and address OEM/authorized dealer of OEM to whom the tender was sold (if purchased from office)

(B) Mandatory details to be filled in by OEM/authorized dealer of OEM while submitting their offer:

1 Constitution of the film/ concern (Tick as applicable)

Sole Proprietorship/ Partnership Firm/ Company/ Society

2 Full name of Sole Proprietorship/ Partnership firm/ company/ Society (as the case may be)

3 Year of formation/ incorporation 4 PAN No. 5 Registered Office Address

6 Address on which correspondence regarding this tender should be done

7 Name of the proprietor/ partners etc.

8 Details of EMD submitted

Note:

(i) Special attention of tenderers is drawn to clause 1 (c) of “Instruction to tenderers”, as per which the tenderer must submit along with tender, the documents mentioned therein pertaining to constitution of firm/ concern.

(ii) Special attention of tenderers is drawn to “Special tender conditions & instructions to tenderers”, as per which they should submit the requisite documents along with tender.

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Index:

S. No Item From Page No.

To Page No.

1 Top Sheet 02 02 2 Index 03 03 3 Letter to Tenderer 04 04 4 Declaration Form (First sheet) 05 05 5 Tender notice (NIT) 06 06 6. General Tender Conditions and

Instructions to Tenderers/s 07 21

7. Special terms & conditions of Tender 22 23 8. Scope of Work with Terms & Conditions 24 25

9. Electronic Clearing Service Model Mandate Form (Annexure-I)

26 26

10. Constitution of Firm (Annexure-II) 27 27 11. Performa for Statement of Deviations.

Annexure-A

28 28

12. PERFORMA FOR EQUIPMENTS AND Annexure-B

29 29

13. CHECK LIST Annexure-C

30 30 INDEMNITY BOND Annexure-D.

31 31 14. Offer Form (Schedule of Rates Annexure E& F) 32 33

Note:- Cost of tender form is Rs. 3,000/-. In case of down loaded form, cost of the tender form shall

be submitted along with the offer and that may be in the form of money receipt deposited in the

Railway station earning/Pay order/Demand draft in favour of Sr. DFM/Northern Railway,

Divisional office Firozpur.

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Letter to Tenderer

Northern Railway

Diesel Shed Ludhiana.

To,

M/s

Sub: AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

. Dear Sir

1. Tender forms with tender conditions and Agreement for the above noted tender are enclosed. 2. Tender is on single packet system. Bid will contain earnest money, technical details, and

credentials for experience, other related documents & offer/schedule of rates. All these will be kept in a sealed cover and packet marked for “AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH ” for 03 Year and the name of tenderer.

3. Tender should be addressed to Sr . Divisional Mechanical Engineer Northern Railway, Diesel Shed Ludhiana and submitted in a sealed cover as indicated in para –2 above.

4. Tender will be received in a sealed tender box kept in this office in nominated room for opening this tender up to 15:00 Hrs on 14.08.2017. Tender box will be sealed at 15:00 Hrs on same date and sealed tender box will be opened by nominated officers at 15:15 Hrs on same

date. Name of OEM/ authorized dealer of OEM will be announced immediately thereafter.

OEM/ authorized dealer of OEM are advised that if they so desire, they can send their

authorized representatives to witness the opening of tender. Tender received after closing of tender box will not be considered.

5. No tender will be considered if not accompanied by requisite earnest money deposit as per terms and conditions specified.

6. In case the offer submitted by OEM/ authorized dealer of OEM is not found suitable, earnest

money submitted will be refunded.

7. The successful OEM/ authorized dealer of OEM will have to start work within the stipulated period, failing which the earnest money and security money deposited shall be forfeited and action taken by Railway as deemed necessary.

8. The Railway Administration reserves the right to reject any or all the tenders without assigning any reason whatsoever or to accept any tender with a lower offer.

9. This tender form is non-transferable.

Sr.DME/DSL

Diesel Shed Ludhiana

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Declaration form (First sheet)

Tender form No:- DSL/LDH/SLI/AMC /2017-18

Tender Form (Rs.3000/-)

The President of India,

Acting through Sr. DME. N. Rly.

Diesel Shed,

Ludhiana.

Sub: AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

1. I/We OEM/authorized dealer of OEM ……………………..have read the various conditions of

tender attached here to and hereby agree to abide by the said condition. I/we also agree to keep

this tender open for acceptance for a period of ninety days from the date fixed for opening

the same and in default there of I/we will be liable for forfeiture of my/our security deposit.

I/we offer to do the work for the above mention subject tender at the rates quoted in attached

schedule and here by/bind myself/our self to complete the work within stipulated period Form and

hereby bind myself/ourselves to complete the work for twenty-four months from the date of issue

of the acceptance of the tender. I/we also hereby agree to abide by the general and special

conditions of contract and to carry out the work according to the specifications of the works laid

down by the Railway for the present contract.

2. A sum of Rs. 59,540/- is herewith forwarded as earnest money shall be forfeited without prejudice

to any other rights or remedies if-

a) I/we do not execute the contract documents within seven days after receipt of notice issued by the

Railways that such documents are ready.

b) I/we do not commence work within fifteen days after receipt of orders to this effect.

c) I/we resile from my/our offer or modify the terms & conditions thereof in a manner not acceptable to

northern railway during a period of 90 (ninety days) from the date opening of tender.

3. The earnest money in the form of cash deposited with chief cashier, northern railway,

Firozpur vides cash receipt or deposited in the form of pay order or deposit receipts or

demand drafts no………………………………………………. Dated……………………………………..

in favour of “ Senior Divisional Finance Manager, N. Rly. Divisional office Firozpur.” Is

attached. I/we have clearly noted that the earnest money in the form of bank guarantee bond

is not acceptable 4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a

binding contract between us subject to modification, as may be mutually agreed between us and

indicated in the letter of acceptance of any offer for this work.

Signatures of Witness: 1. 2. Signatures of the Contractor/s Name ____________________ Address________________________ _______________________________ Date ___________ Phone No. ______________________

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NORTHERN RAILWAY

TENDER NOTICE

DSL/LDH/SLI/AMC /2017-18

Sr. DME, Northern Railway, Diesel Shed Shed Ludhiana for and on behalf of President of India invites sealed

single tender on prescribed format from OEM/authorized dealer of OEM for the under mentioned work.

1 Name of work AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

2. Period of work Three Year

3. Nature of Tender Single Tender (for OEM/authorized dealer of OEM only)

4. Approximate cost of work Rs. 29,77,044/- (Taxes extra Except Environmental charges) 5. Earnest money In favour of Sr. DFM /NR, Firozpur Rs. 59,540/- 6. Cost of the tender form. Rs.3000/- Cost of tender document should be deposited in any

Railway Ticket Booking office/demand draft of any nationalized bank is to be prepared in favour of Sr.DFM/FZR and original receipt should be attached with the tender document.

7. Validity 90 days from date of opening

8. Availability of tender From 11/07/2017 to 13/08/2017 at 09:00 Hrs. to 17:00 Hrs. (On working days only) & on 14.08.2017 up to 13:00 Hrs in the office of Sr. DME/DSL /LDH. Tender documents are also available on website www.nr.indianrail.gov.in.

9. Date and time of depositing tender document in tender box.

From 11/07/2017 to 13/08/2017 at 09:00 Hrs. to 17:00 Hrs. (On working days only) & on 14.08.2017 up to 15:00 Hrs in the office of Sr. DME/DSL /LDH

10 Date and time of tender box opening

14.08.2017 at 15:15 hrs. If the date of opening happens to be a holiday the tender shall be opened on the next working day.

Note:- Cost of tender form neither transferable and nor refundable.

Senior Divisional Mechanical Engineer Northern Railway, Diesel Shed Shed,

Ludhiana , For & on behalf of President of India.

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NORTHERN RAILWAY

Diesel Shed

Ludhiana

GENERAL TENDER CONDITIONS AND INSTRUCTION TO TENDERER/S

TENDER PAPER NO. DSL/LDH/SLI/AMC /2017-18

A. INSTRUCTIONS TO TENDERER/S

1. Submission of offers:

a. l offers shall be either type written or written neatly in indelible Ink.

b .Any individual(s) signing the tender or other documents connected therewith shall specify

whether he is signing: -

As sole proprietor of the concern or attorney of the sole proprietor.

As a partner or partners of the firm

As a Director, Manager or Secretary of a Limited company duly authorized by a resolution passed by the board of Director or in pursuance of the authority conferred by memorandum of association.

c. The tenderer/s who are constituents of firm, company, association or society must necessarily

enclose the attested copies of the constitution of their concern, partnership deed and power of

attorney along with their tender. Tender documents in such cases are to be signed by such persons as

may be legally competent to sign them on behalf of the firm, company, association or society as the

case my be. The Co-operative societies must likewise submit an attested copy of their certificate of

registration along with the documents as above mentioned.

The tenderer shall give full details of the constitution of the firm/JV/Company/Society etc in the “Top

Sheet” as well as in Annexure-“II” to “Special Tender Conditions and instructions to tenderers” of

tender documents and must submit the following documents along with tender without fail:-

i) Sole Proprietorship firm:

If the tender is submitted on behalf of a “Sole proprietorship” concern, the tenderer must submit along with the tender, the notarized copy of the affidavit for the same.

ii) Partnership firm:

If the tender is submitted on behalf of a “partnership firm” tenderer must submit along with the tender,

the authorized//registered/notarized partnership deed and; (2) the Power of Attorney/ authorization in

favour of the individual signing the tender.

iii) Joint Venture (JV):

In terms of Railway Board letter no.2002/CE-I/CT/37 dt.07/09/2011, “Joint Venture Firms” shall be

applicable to the works tenders of value more than Rs.25 crore (Rupees Twenty Five Crore Only). JVs/

Consortiums/MOUs” shall accordingly not be considered in this tender.

iv) Company:

If the tender is submitted on behalf of a company registered under companies Act-

1956, the tenderer must submit along with the tender, (1) the copies of MOA (Memorandum of

Association) & AOA (Article of Association) of the company; (2) POA (Power of Attorney) duly

registered/notarized by the company (backed by the resolution of Board of Directors) in favour of the

individual signing the tender on behalf of the company.

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v) Society:

If the tender is submitted on behalf of a society the tenderer must submit along with tender (1) the

attested copy of the certificate of registration (2) Deed of formation (3) Power of Attorney in favour of the

tender signatory.

d. If above MENTIONED documents (as applicable) are not enclosed along with tender documents, the

tender shall be treated a having been submitted by the individual who has signed he tender documents.

After opening of the tender, any document pertaining to the constitution of the firm/JV/Society (as

applicable), shall neither be asked nor be entertained/ considered under any circumstances and no claim

or representation whatsoever form the tenderer in this regard shall be entertained.

No change in the constitution of the firm/JV/Company shall be permitted after opening of the

tender except where necessitated due to the succession law. The “Power of Attorney” in favour of the

individual signing the tender document may however be accepted subsequently, if acceptable

reasons are furnished for the same.

“JVs/ Consortiums/MOUs” shall be considered only where permissible in the tender conditions”.

e. All prices/rates and other information like document sets having a bearing on the rates shall be

written both in figures and words in the prescribed offer form.

f. Offers shall be as per the Indian Railways General and Special conditions of contract.

g. All the copies of annexure enclosed with the tender paper should be duly filled in by the tenderer

and submitted along with the tender duly signed and stamped on each page.

h. The tenderer should avoid ambiguity in his offer e.g. if his offer is to his standard

sizes/lengths/dimensions. He should specifically state them in details without any ambiguity. Brief

descriptions such as “Standard lengths” etc. should be avoided in the offer.

i. The tender documents consist of Declaration form (first sheet), General conditions relating to

tender/s, special conditions and instructions and specifications, detailed scope of work & format for offer

of rates. All of these must be submitted as directed in covering note, failing which the tender is liable to

be rejected.

j. The tender documents must be submitted duly completed in all respects in a sealed cover super

scribed as tender form for the work “as on top sheet”. The same should be deposited in the tender

box lying in the office of the Sr. Divisional Mechanical Engineer, Northern Railway, Diesel Shed, Ludhiana,

Punjab – 141001 up to 15.00 hrs. on stipulated date of tender opening. The tender will be opened at

stipulated time and terms and conditions read out in the presence of such tenderer/s as is/are present.

Tenders, which are received after the time and date, specified above may not be considered. In case

the intended dates for opening of tenders is declared a holiday, the tenders will be opened on the next

working day at the same time.

k. VALIDITY OF OFFER: The validity of the offer should be kept open for 90 (ninety) days from the

date of opening of the tender.

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l. Completion of Tender Document: The tenderer/s shall quote single %age (percentage) rate/s

above or below or at par the total estimated cost of all items in the attached Schedule of Rates

and quantities. The tenders containing erasing and alteration in tender documents are liable to be

rejected. Any correction made by the tenderer/s in his/their entries must be attested by him/them.

No correction of typescript of tender form issued by Railway will be taken notices of. If the contractor

wishes to stipulate any conditions of his own he should state them in the covering letter of the tender. It

should be noted however, that the Railway reserves the right not to be consider such conditional tenders

and reject the same without assigning any reasons. Only those additional conditions, which are explicitly

accepted by the Railway, shall form part of the contract.

m. If there is a variation between rates quoted in figures and words. The rates quoted in words shall be

taken correct. Tenders containing erasures and alterations of tender documents are liable to be rejected.

Each page of the tender documents is to be signed and dated by the tenderer/s or such person/s on

his/their behalf who is/are legally authorized to sign for him/them.

In case of single percentage tenders if the tenderer/s quote/s multiple rates, the offer will be

treated as incomplete and summarily rejected.

n. STUDY OF LOCAL CONDITIONS: The tender/s are advised to visit the site of work and investigate

the actual conditions of works. The scope of work should also be examined before formulating the rates

for complete items of work.

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B. GENERAL CONDITIONS OF CONTRACT:

1. The Tender in general, shall be governed by the Indian Railways Standard General Conditions Of

Contract July 2013 or its latest version. The „Engineer‟ as defined in clause 1.2 (e) under Part-I (Meaning of Terms) of General Conditions of Contract shall also mean Sr. Divisional Mechanical Engineer.

2. SCOPE OF WORK: The detailed scope of work of the tender is as spec ia l terms & Cond i t ions . 3. The contractor shall work in coordination with the departmental staff for the execution of the work.

4. Earnest Money :

(1) (a) The tenderer shall be required to deposit earnest money 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 under:-

Value Of The Work Earnest Money Deposit (EMD)

For works estimated to cost up to

Rs. 1 crore

2% of the estimated cost of the work

For works estimated to cost more

than Rs. 1 crore

Rs. 2 lakh plus ½% (half percent) of the excess of the

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

maximum of Rs. 1 crore

The earnest money shall be rounded to the nearest Rs.10. This earnest money shall be applicable for all

modes of tendering.

(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 Tenderers 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.

(2) (a) The Earnest Money should be in cash or in any of the following forms :

“The Earnest Money should be in cash or in the form of deposit receipts, pay orders or demand

drafts executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank.”

(b) Earnest money may be accepted in the following forms :

(i) A deposit in cash

(ii) Government securities at 5% below the market value

(iii) Deposit receipts or demand drafts of the Nationalized Bank

(iv) A deposit in the Post Office Saving Bank

(v) National Savings Certificates

(vi) Twelve Year National Defence Certificates

(vii) Ten Year Defence Deposits

(viii) National Defence Bonds (ix) National Savings Certificates, (x) Time Deposit Account which came into force on 16.03.1970 and notified under Ministry of

Finance, Notification No.F3 (7) NS/70, dated 28.02.70 (xi) IRFC Bonds

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Note: (vi) to (viii) - these Certificates/Bonds may be accepted at their surrender value.

NOTE:

a) Any request for recovery from outstanding bills for earnest money against present tender will not under any circumstances be entertained, tenders submitted with earnest money in cheque, government securities or in form other than those specified above shall not be considered.

b) No Interest shall be allowed on the earnest money. c) Earnest money in the form of bank guarantee bonds shall not be accepted.

5. ACCEPTANCE OF TENDER:

5.1 It shall not be obligatory of the said authority to accept the lowest tender and the tenderer/s shall

not demand any explanation for the rejection of his/ their tender.

5.2 If the tenderer/s deliberately give/s wrong information in his/their tender and there by create/s

circumstances for the acceptance of his/ their tender, the railways reserve the right to reject such

tender/s at any stage.

5.3 The successful tenderer/s shall be required to execute a contract agreement for carrying out of the

work. The address of the contractor as given in the agreement will be deemed as their business

address and all letters etc. sent to that address by the Railway Administration shall be considered

as duly delivered to the contractors in the ordinary course of post.

5.4 The authority for acceptance of the tender does not undertake to assign reasons for declining to

consider any particular tender or tenders. The accepting authority also reserves the right to accept

in full/ a part thereof/ reject the tender or to divide the tender amongst more than one tenderer if

deemed necessary without assigning any reason.

5.5 The tender/s shall not increase his/their rate in case the railway administration negotiates

for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of the

original offer and if not agreed for reduction, rates originally quoted will be binding on the tender/s.

5.6 The tenderer/s shall submit an analysis of rates offered by him/them giving the details of

cost of cost of labour, material, equipments/machinery & profit etc. for proper evaluation of

the tender if required.

5.7 Right Of Railway To Deal With Tenders : 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.

6. SECURITY DEPOSIT ON ACCEPTANCE OF TENDER :

6.1) Security Deposit : The Earnest Money deposited by the Contractor with his tender will be retained by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The balance to make up the Security Deposit, the rates for which are given below, may be deposited by the Contractor in cash or may be recovered by percentage deduction from the Contractor's "on account" bills. Provided also that in case of defaulting contractor, the Railway may retain any amount due for payment to the Contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the contract.

6.2 Unless otherwise specified in the Special Conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under : (a) Security Deposit for each work should be 5% of the contract value, (b) The rate of recovery should be 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 (except Note (ii) below); FD etc. shall be accepted towards Security Deposit.

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Security Deposit shall be returned to the contractor after the expiry of the maintenance period in all the cases other than Note (i) mentioned below and after passing the final bill based on No Claim Certificate with the approval of 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 contractor 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.

Note - (i) After the work is physically completed, Security Deposit recovered from the running bills of a

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.

(ii) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be accepted as a mode of obtaining security deposit.

6.3 No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the Contractor under the Contract, but Government Securities deposited in terms of Sub- Clause (1) of this clause will be payable with interest accrued thereon.

7. PERFORMANCE GUARANTEE (PG):

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 that 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 Scheduled 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 FA&CAO (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 P.G. shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case,

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the time for completion of work gets extended, the contractor shall get the validity of P.G. 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 more than 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 stating 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 bi II 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 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.

8. CONDITIONS OF CONTRACT AND SPECIFICATIONS :

8.1 Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with Northern Railway‟s “General Conditions of Contract July-2013” or the latest version.

8.2 The works shall have to be started within 15 days of the issuance of the letter to that effect or as

decided by Railways.

8.3 Transfer and Subletting: The contractor shall not sublet, assign or part with this contract to any

other agency.

8.4 That the amount of profits derived by the contractor out of this and contract are liable to income

tax and to facilitate this assessment, the contractor shall maintain a proper account of his

receipts and disbursements, this account shall also be open for inspection or verification

by the Railway Administration whenever so desired.

8.5 If the firm is dissolved on account death or retirement of any partner or for any reasons

whatsoever before completing whole work or part of it under taken by the principal the partners

will remain jointly and personally liable to complete the whole work to the satisfaction of the

Railway. Otherwise to pay the compensation for the work as sustained if any by the Railway

due to such dissolution, the amount of such compensation shall be fixed by the General

Manager of the Railway and his decision in the matter shall be final and binding on the firm/

contractors.

8.6 Railway Passes and Accommodation: Railway passes or concession tickets for men and

material will not be granted to the successful tenderer under any circumstances. The

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contractor shall have to make his own arrangements for his staff, material, tools, machinery

etc.

8.7 The contractor shall ensure that, without prior written permission of the Railway, their employees

shall not remain in the Railways premises after completion of their specified timings or on

completion of their work under this contract.

9. PERIOD OF COMPLETION:

9.1 The entire work is required to be completed in all respect within specified period as laid down

in the contract agreement. Time is the essence of contract. The contractors will be

required to maintain steady and required progress to the satisfactions of the execution authority

to ensure that the work will be completed in all respects within the stipulated period failing which

action may be taken by the Railway Administration as per the clauses stipulated in “General

Conditions of Contract July2013”.

9.2 The contractor shall not be entitled to make any claim, whatever against Rly. Under or by virtue of or arising out of the contract after he/they shall have signed a „NO CLAIM‟ certificate in favour of Railways, in such form as shall be required by the Railway, after the work is finally executed.

10. FORCE MAJEURE : If at any time, during the continuance of this contract, the performance in

whole or in part by either party of any obligation under this contract shall be prevented or

delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, serious

loss or damage by fire, explosions, epidemics, strikes, lockouts or acts of God (hereinafter,

referred to events) provided, notice of the happening of any such event is given by either party

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

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

damages against the other in respect of such non-performance of delay in performance, and

works under the contract shall be resumed as soon as practicable after such event has come to

an end or ceased to exist, and the decision of the Engineer as to whether the works have been

so resumed or not shall be final and conclusive, PROVIDED FURTHER that if the performance in

whole or in part of any obligation under this contract is prevented or delayed by reason of any

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

by giving notice to the other party.

11. DETERMINATION OF CONTRACT

11.1 Right Of Railway To Determine The Contract: The Railway shall be entitled to determine and

terminate the contract at any time should, in the Railway's opinion, the cessation of work

becomes necessary owing to paucity of funds or from any other cause whatever, in which case

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

for in full at the rate specified in the contract. Notice in writing from the Railway of such

determination and the reasons therefore shall be conclusive evidence thereof.

11.2 Payment On Determination Of Contract: Should the contract be determined under sub clause

(1) of this clause and the Contractor claims payment for expenditure incurred by him in the

expectation of completing the whole of the work, the Railways shall admit and consider such

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

Engineer. The Railway's decision on the necessity and propriety of such expenditure shall be final

and conclusive.

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11.3. The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence of determination of contract.

11.4 Determination of Contract Owing To Default of Contractor: If the Contractor should:

(i) Becomes bankrupt or insolvent, or

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

under a Committee of Inspection of his creditors, or

(iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the

purposes of amalgamation or reconstruction), or

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

(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these

Conditions, or

(vi) Abandon the contract, or

(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the

contract, or

(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or

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

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

under Clause 25 and 27 of these Conditions, or

(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of the Conditions, or

(xi) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works

or any part thereof as required under Clause 28 of the Conditions, or

(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his

partner, agent or servant to any officer or employee of the Railway or to any person on his or on

their behalf in relation to the execution of this or any other contract with this Railway.

(xiii) (A) At any time after the tender relating to the contract, has been signed and submitted by

the Contractor, being a partnership firm admit as one of its partners or employee under it or

being an incorporated company elect or nominate or allow to act as one of its directors or

employee under it in any capacity whatsoever any retired engineer of the gazetted rank or any

other retired gazetted officer working before his retirement, whether in the executive or

administrative capacity, or whether holding any pensionable post or not, in the Railways for the

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

the date of retirement from the said service of such Engineer or Officer unless such Engineer or

Officer has obtained permission from the President of India or any officer duly authorized by him

in this behalf to become a partner or a director or to take employment under the contract as the

case may be, or

(B) Fail to give at the time of submitting the said tender:

(a) The correct information as to the date of retirement of such retired engineer or retired officer

from the said service, or as to whether any such retired engineer or retired officer was under the

employment of the Contractor at the time of submitting the said tender, or

(b) The correct information as to such engineers or officers obtaining permission to take employment under the Contractor, or

(c) Being a partnership firm, the correct information as to, whether any of its partners was such a

retired engineer or a retired officer, or

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(d) Being in incorporated company, correct information as to whether any of its directors was such a

retired engineer or a retired officer, or

(e) Being such a retired engineer or retired officer suppress and not disclose at the time of submitting

the said tender the fact of his being such a retired engineer or a retired officer or make at the

time of submitting the said tender a wrong statement in relation to his obtaining permission to

take the contract or if the Contractor be a partnership firm or an incorporated company to be a

partner or director of such firm or company as the case may be or to seek employment under the

Contractor.

Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor with a notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does not within seven days after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such directions as aforesaid of the entire satisfaction of the Engineer, the Railway shall be entitled after giving 48 hours‟ notice (Proforma at Annexure-X) in writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice) and after expiry of 48 hours‟ notice, a final termination notice (Proforma at Annexure-XI) should be issued and adopt either or both of the following courses :

(x) To carry out the whole or part of the work from which the contractor has been removed by the employment of the required labour and materials, the costs of which shall include lead, lift, freight, supervision and all incidental charges.

(y) To measure up the whole or part of the work from which the contractor has been removed and get it completed by another contractor, the manner and method in which such work is completed shall be in the entire discretion of the Engineer whose decision shall be final :

And in both cases (x) and (y) mentioned above, the Railway shall be entitled (i) to forfeit the whole or such portion of the Security Deposit as it may consider fit, and (ii) to recover from the Contractor the cost of carrying out the work in excess of the sum which would have been payable according to the certificate of the Engineer to the Contractor, if the works had been carried out by the Contractor under the terms of the contract, such certificate being final and binding upon the contractor, provided, however, that such recovery shall be made only when the cost incurred in excess is more than the Security Deposit proposed to be forfeited and shall be limited to the amount by which the cost incurred in excess exceeds the Security Deposit proposed to be forfeited. The amount, thus, to be forfeited or recovered may be deducted from any moneys then due or which at any time thereafter may become due to the Contractor by the Railway under this or any other Contract or otherwise.

Provided always that in any case in which any of power conferred upon the Railway by Sub Clause (1) of Clause 62 hereof shall have become exercisable and the same shall not be exercised, the non-exercise thereof shall not constitute a waiver of any of the conditions thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the contractor for which his liability for past and future shall remain unaffected.

11.5. Right Of Railway After Rescission Of Contract Owing To Default Of Contractor : In the

event of any or several of the courses, referred to in Sub-Clause (1) of this Clause, being

adopted

(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the performance of the contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto for actually performed under the contract unless and until the Engineer shall have certified the performance of such work and the value payable in respect thereof and the Contractor shall only be entitled to be paid the value so certified.

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(b) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials, tools, implements, machinery and buildings on the works or on the property on which these are being or ought to have been executed, and to retain and employ the same in the further execution of the works or any part thereof until the completion of the works without the Contractor being entitled to any compensation for the use and employment thereof or for wear and tear or destruction thereof.

(C) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine

ex-parte or by or after reference to the parties or after such investigation or enquiries as he may

consider fit to make or institute and shall certify what amount (if any) had at the time of

rescission of the contract been reasonably earned by or would reasonably accrue to the

Contractor in respect of the work then actually done by him under the contract and what was the

value of any unused, or partially used materials, any constructional plant and any temporary

works upon the site. The legitimate amount due to the contractor after making necessary

deductions and certified by the Engineer should be released expeditiously.

12. Matters finally determined by the Railway. All disputes and differences of any kind whatsoever

arising out of or in connection with the contract, whether during the progress of the work or

after its completion and whether before or after the determination of the contract, shall be

referred by the contractor to the GM and the GM shall, within 120 days after receipt of the

contractor‟s representation, make and notify decisions on all matters referred to by the

contractor in writing provided that matters for which provision has been made in Clauses 8, 18,

22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) to (xiii)(B) of General

Conditions of Contract or in any Clause of the Special Conditions of the Contract shall be deemed

as „excepted matters‟ (matters not arbitrable)and decisions of the Railway authority, thereon

shall be final and binding on the contractor; provided further that „excepted matters‟ shall stand

specifically excluded from the purview of the Arbitration Clause.

13.1) (i) Demand for Arbitration. –In the event of any dispute or difference between the parties

hereto as to the construction or operation of this contract, or the respective rights and liabilities

of the parties on any matter in question, dispute or difference on any account or as to the

withholding by the Railway of any certificate to which the contractor may claim to be entitled to,

or if the Railway fails to make a decision within 120 days, then and in any such case, but except

in any of the “excepted matters” referred to in Clause 63 of these Conditions, the contractor,

after 120 days but within 180 days of his presenting his final claim on disputed matters shall

demand in writing that the dispute or difference be referred to arbitration.

13.1 (ii) -The demand for arbitration shall specify the matters which are in question, or subject of the

dispute or difference as also the amount of claim item-wise. Only such dispute(s)or difference(s)

in respect of which the demand has been made, together with counter claims or set off, given by

the Railway, shall be referred to arbitration and other matters shall not be included in the

reference.

13.1 (iii)-(a) The Arbitration proceedings shall be assumed to have commenced from the day, a

written and valid demand for arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting the claims along with all the

relevant documents and the relief or remedy sought against each claim within a period of 30

days from the date of appointment of the Arbitral Tribunal.

(c) The Railway shall submit its defense statement and counter claim(s), if any, within a period of 60

days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been

granted by Tribunal.

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(d) Place of Arbitration: The place of arbitration would be within the geographical limits of the Division

of the Railway where the cause of action arose or the Headquarters of the concerned Railway or

any other place with the written consent of both the parties.

13.1 (iv) - No new claim shall be added during proceedings by either party. However, a party may

amend or supplement the original claim or defense thereof during the course of arbitration

proceedings subject to acceptance by Tribunal having due regard to the delay in making it.

13.1 (v) - If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a

period of 90 days of receiving the intimation from the Railways that the final bill is ready for

payment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be

discharged and released of all liabilities under the contract in respect of these claims.

13.2 Obligation During Pendency Of Arbitration: Work under the contract shall, unless otherwise

directed by the Engineer, continue during the arbitration proceedings, and no payment due or

payable by the Railway shall be withheld on account of such proceedings, provided, however, it

shall be open for Arbitral Tribunal to consider and decide whether or not such work should

continue during arbitration proceedings.

13.3 Appointment of Arbitrator:

13.3 (a)(i) - In cases where the total value of all claims in question added together does not exceed

Rs. 10,00,000 (Rupees ten lakh only), the Arbitral Tribunal shall consist of a Sole Arbitrator who

shall be a Gazetted Officer of Railway not below JA Grade, nominated by the General Manager.

The sole arbitrator shall be appointed within 60 days from the day when a written and valid

demand for arbitration is received by GM.

13.3 (a)(ii) - In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a

Panel of three Gazetted Railway Officers not below JA Grade or 2 Railway Gazetted Officers not

below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the

arbitrators. For this purpose, the Railway will send a panel of more than 3 names of Gazetted

Railway Officers of one or more departments of the Railway which may also include the name(s)

of retired Railway Officer(s) empanelled to work as Railway Arbitrator to the contractor within 60

days from the day when a written and valid demand for arbitration is received by the GM.

Contractor will be asked to suggest to General Manager at least 2 names out of the panel for

appointment as contractor‟s nominee within 30 days from the date of dispatch of the request by

Railway. The General Manager shall appoint at least one out of them as the contractor‟s nominee

and will, also simultaneously appoint the balance number of arbitrators either from the panel or

from outside the panel, duly indicating the „presiding arbitrator‟ from amongst the 3 arbitrators

so appointed. GM shall complete this exercise of appointing the Arbitral Tribunal within 30 days

from the receipt of the names of contractor‟s nominees. While nominating the arbitrators, it will

be necessary to ensure that one of them is from the Accounts Department. An officer of

Selection Grade of the Accounts Department shall be considered of equal status to the officers in

SA grade of other departments of the Railway for the purpose of appointment of arbitrator.

13.3 (a)(iii) - If one or more of the arbitrators appointed as above refuses to act as arbitrator,

withdraws from his office as arbitrator, or vacates his/their office/offices or is/are unable or

unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the

opinion of the General Manager fails to act without undue delay, the General Manager shall

appoint new arbitrator/arbitrators to act in his/their place in the same manner in which the

earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal may, at its

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discretion, proceed with the reference from the stage at which it was left by the previous

arbitrator (s).

13.3 (a)(iv) - The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or

otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto

to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to

make the award without any delay. The Arbitral Tribunal should record day to-day proceedings.

The proceedings shall normally be conducted on the basis of documents and written statements.

13.3 (a)(v) - While appointing arbitrator(s) under Sub-Clause (i), (ii) & (iii) above, due care shall be

taken that he/they is/are not the one/those who had an opportunity to deal with the matters to

which the contract relates or who in the course of his/their duties as Railway servant(s)

expressed views on all or any of the matters under dispute or differences. The proceedings of

the Arbitral Tribunal or the award made by such Tribunal will, however, not be invalid merely for

the reason that one or more arbitrator had, in the course of his service, opportunity to deal with

the matters to which the contract relates or who in the course of his/their duties expressed views

on all or any of the matters under dispute.

13.3 (b)(i) - The arbitral award shall state item wise, the sum and reasons upon which it is based. The

analysis and reasons shall be detailed enough so that the award could be inferred therefrom.

13.3 (b)(ii) - A party may apply for corrections of any computational errors, any typographical or

clerical errors or any other error of similar nature occurring in the award of a Tribunal and

interpretation of a specific point of award to Tribunal within 60 days of receipt of the award.

13.3 (b)(iii) - A party may apply to Tribunal within 60 days of receipt of award to make an additional

award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

13.4 In case of the Tribunal, comprising of three Members, any ruling on award shall be made by a

majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding

Arbitrator shall prevail.

13.5 Where the arbitral award is for the payment of money, no interest shall be payable on whole or

any part of the money for any period till the date on which the award is made.

13.6 The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee

of the arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall

be borne equally by both the parties. Further, the fee payable to the arbitrator(s) would be

governed by the instructions issued on the subject by Railway Board from time to time

irrespective of the fact whether the arbitrator(s) is/are appointed by the Railway Administration

or by the court of law unless specifically directed by Hon‟ble court otherwise on the matter.

13.7 Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there

under and any statutory modifications thereof shall apply to the arbitration proceedings under

this Clause.

14. PAYMENT TERMS :

14.1 Subject to satisfactory working duly certified by Senior Divisional Mechanical Engineer, N.Rly, Ludhiana or his representative, the contractor shall be entitled to receive the value of the work against the work attended/completed during the quarter after necessary deduction or recovery, which the Railway Administration may be entitled to make under the contract or any other contract. The bill should be raised by the contractor on quarterly basis .

14.1.1 Payment will be made by Sr.DFM, Northern Railway, Divisional office Firozpur. 14.1.2 All bills in four copies shall be submitted to SSE/spares/LDH

14.1.3 Payment will be made only after verification & certification by the concerned incharge.

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14.1.4 All payment in respect of the contract during the currency of the contract shall be made

through Electronic Clearing System (ECS) / Electronic Fund Transfer (EFT). The successful

tenderer on award of contract must submit ECS/EFT Mandate Form complete in all respect as

detailed at Annexure-I of the tender document. However, if the facility of ECS/EFT is not

available at a particular location, the payment shall be made by cheque. In such case the

successful tenderer on award of contract will have to furnish contractor‟s Bank Account Number

and name of the Bank against which all payments in respect of the contract during the currency

of contract shall be made.

14.1.5 Sales Tax Octrai, Royalty, Toll Tax or any other taxes levied or viable by the central or state govt. or local bodies, shall be borne by the tenderer except Environmental Charges. No. part of such taxes on contractor‟s labour or material will be paid by the railway. This should be kept in view before tendering.

14.1.6 Tax shall be deducted from bill and necessary income tax deduction certificate will be issued by

Sr.DFM/N.Rly/FZR or Income tax deduction will be deducted as per latest rates issued by central/state govt. time to time.

14.2 The value of contract and quantities given in the attached schedule of rates and quantities are

approximate and are given only as a guideline. These are subject to variations/ additions and/or

omission. The quantum of the work actually carried out shall not from the basis of any dispute

regarding the rates to be paid and shall not give rise to any claim for compensation on account

of any increase or decrease either in the quantity or in the contract value.

14.3 Deduction: - Payment as in clause no. 15 below shall be subject to deduction of any amount for

which the contractor is liable under the contract against this tender or any other contract in

respect of which the president of India is the contracting authority

.

15. PENALTY CLAUSE

The decision of the administration of the penalty imposed will be final and binding on

the contractor. Following penalties will be liable to be levied on the OEM/authorized dealer of

OEM.

a) If the contractor fails to carry out the work for a sustained period of time ( the period at the discretion of the Railway administration) the railway administration besides levying the penalty Rs 500/- per day also reserves the right to terminate or get the same work done by another agency at the cost of the contractor.

b) The contractor shall at all-time exercise reasonable precautions for the safety of his staff as well as Railway staff & Railway property in the vicinity of work site. The contractor shall be liable to pay compensation for any losses caused to Railway as may be decided by the Railway Administration. In the event of any accident to his staff, it is exclusive responsibility of the contractor to pay compensation to the effected person. The Railway shall in no way be liable to pay such compensation.

c) Due to any reason if there is delay beyond the agreed timings for reporting/restoration,ie.16 hours after receiving information over phone call / Fax letter etc @ penalty Rs 1000/- per day will be applicable with a maximum cap of 2.5% of the total contract value.

d) The AMC will be extended beyond the stipulated period for equivalent period of time for which the SLI is kept under repair beyond D.P.at no extra cost.

e) If any component is found unserviceable within his warranty period i.e. one year from the date of original fitment and acceptance by the consignee than the same will be replaced by the contractor with free of cost with addition to a penalty of Rs 500 per case.

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f) If the contractor or his staff fails to attend schedule visit, the cost of the AMC charge for that visit will be deducted which is in addition to a penalty of Rs 1500/- per case will be applicable with a maximum cap of 2.5% of the total contract value.

g) For any damage / missing / theft of any other railway property due to negligence on the part of the contractor the actual value of the item will be charged from the contractor‟s running bills.

h) If any contractor staff found in intoxicating condition at working place a penalty of Rs. 500/-per case will be impose.

i) Penalty due to delay in submission of PG should be recovered through first available source.

j) For any lapse on the part of the contractor other than above mentioned a penalty of

Rs.1000/- per case will be applicable with a maximum cap of 2.5% of the total contract

value

16. The contractor shall be responsible for carrying out all legal obligations under this contract. Broadly

they are as under: -

Minimum Wages Act, 1948 (As per clause No. 54 of GCC July 2013)

Payment of Wages Act 1936 (As per clause No. 55 of GCC July 2013)

17. The Service Provider being principal employer of the persons engaged and deployed by it

for providing the services, shall alone be entitled to hire or fire or discipline them. Similarly, the

Service provider alone shall be liable to pay the wages, statutory dues, leaves etc. to such

persons.

18. RIGHT TO THE RAILWAY TO DEAL WITH TENDER/S: The Railway shall be entitled to

determine and terminate the contract at any time should, in the Railway's opinion, the cessation

of work becomes necessary owing to paucity of funds or from any other cause whatever, in which

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

paid for in full at the rate specified in the contract. Notice in writing from the Railway of such

determination and the reasons therefor shall be conclusive evidence thereof.

Sr.DME/ DSL/LDH (for & on behalf of President of India)

I/We agree to abide by above terms and conditions as well as General Conditions of contract July 2013 or its latest version.

Sig. of the Contractor

Full name: Address

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SPECIAL TERMS & CONDITIONS

Tender No. DSL/LDH/SLI/AMC /2017-18

NAME OF WORK: AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

QUANTITY: one no. crane 142040 based at LDH SCOPE OF WORKS: i) As per Annexure A.

ii) 1.) During AMC of the SLI System, if goes under repair to some part defective than the OEM/authorized dealer of OEM will change the part and produce separate bill for the spare part.

2.) If the SLI system remains under repair for more than 72 hours than the AMC period will automatically extended up to the period the SLI system remained under repair .Either on account of part availability or service provider.

3.) The record of under repair period will be maintained by the concerned section In charge. 4.) Price list of the spare parts is to be provided along with offer, the payments for spare parts will be

made according to the price list provided along with the offer. The rates will be valid till AMC

contract period. No changes will be allowed for any reason

SCHEDULE OF RATES :- AS per Annexure E & Annexure F

SCHEDULE OF ACCEPTED RATES: They will be mentioned in the letter of acceptance. COMPLETION PERIOD: NCAMC for the period of Three years from the date of issue of Letter of Acceptance from this office. COMPLETION CERTIFICATE: After successfully completing the whole work a completion certificate will be issued. INSPECTION: Before any type of maintenance (preventive or breakdown), the condition of Crane will be jointly checked by the contractor and a representative of the shed. A joint note will be signed. After completion of maintenance the condition of crane will again be jointly checked by the contractor and a representative of the shed. A joint note will again be signed. RELEASED MATERIAL: The released material during maintenance will be retained by the shed. This released material will be handed over to the shed during the joint note after completion of any of the maintenance. WARRANTY; The crane should be under warranty for 06 (six) months after the expiry of AMC period, against any failure i.e. out of faulty workmanship or on the part of contractor or out of defective materials used by the contractor. TRANSPORTATION: The contractor will bear all the charges of carrying any spare or its maintenance staff to the shed. Further, no boarding/lodging will be provided to the contractor for either the spares or its maintenance staff. INSURANCE: The contractor shall bear all the insurance charges during the currency of the AMC. DISPOSAL OF SCRAP:-All scrap material that will be released during AMC of the crane shall be

retained by the shed.

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Any other instruction related to the work, which is directly linked with safety & quality of work issued by

this office shall be followed by contractor.

TERMS OF PAYMENT: Payment will be made on quarterly basis. Taxes Extra. Bills correct in all respect, shall be submitted to SSE/Spares/LDH in duplicate (four copy) along with completion certificate & relevant documents, if any, who will arrange payment through Sr. DFM/FZR. PAYING AUTHORITY: Sr. DFM/FZR will be the paying authority. PREVAILING CONDITIONS: In case of conflict between special conditions of contract and the general conditions of contract, the special conditions will prevail.

The Tenderer must be OEM/authorized dealer of OEM of SLI system MS - 365 of 140 –Tone B.D

.Crane 142040 (MS - 365 stands for SLI system manufactured by Mechanica systems model no

MS – 365)

Note: Consignee reserve the right to restrict visit if crane transferred/Booked to POH /MLR & No payment will be made for the visit not carried out. (Payment will be made only for actual visit) General IRS conditions of contract will be applicable along with the above

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SCOPE OF WORK

NAME OF WORK:-. AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

S.No. Activity

Periodicity

1 AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

Four visits per year i.e. one visit in three months (Total-12 visits)

. TERMS AND CONDITIONS

SCOPE OF WORK FOR AMC DURING SCHEDULE VISIT WILL CONSIST

a) General cleaning of the system is required. b) Checking and calibration of all components of Central Unit (consisting of power supply board,

main board & extension board along with internal wiring between them). c) Display and control unit (consisting of Control Board, moving coil indicators & display lamps etc.) d) During checking and calibration, if any adjustments are required in the electronic cards. They will

be carried out to the extent provided in the boards. The results of the calibration will be recorded. The correctness of the communication between central Unit and display & control unit will be checked.

e) Checking and calibration of load cells. f) Checking and calibration of counter weight sensors. g) Checking and calibration of derrick angle sensors. h) Reaction time of PAT 0.25 secs. i) Checking and calibration of the slew angle sensors. j) Checking of adherence of system to the load charts. k) Checking of boom angle sensor. Replace if required. l) Checking of force transducer or load cell. m)

Note:- Since Radius of the lifted load is measured through the sensor and as Radius plays a vital role in the moment calculation the calibration of the sensor and the radius processing channels will be checked (adjusted if necessary to the extent provided) for correct measuring the radius. Physical radius of the main hook will be compared with the measured radius and tabulated in the format.

Note:- Known loads will be lifted by the crane. The counter weights or any other approximately known

loads available at site e.g. empty or loaded wagons may be considered as known loads. The radius at which the system has cut-off will be recorded for at least 10 different cases involving various counter weights different props and high and low slew positions. In each case, the actual cut-off radius will be recorded.

n) The test report thus made in a format will have to be signed by the representatives of contractor

and consignee. o) Repair of any of the components during schedule/emergency visits, if can be repaired i.e. it do not

need replacement. p) Filling and commissioning of any new/serviceable components, if required. q) Commissioning of SLI system in crane after all the checking and calibration.

SCOPE OF WORK FOR AMC DURING EMERGENCY VISIT WILL CONSIST OF:

a) Attending specific problems for which emergency visit has been called for. b) Attending any other problem detected during the visit. c) Commissioning of SLI system in crane after all the checking and calibration.

COMPONENTS TO BE COVERED UNDER AMC The following components are covered under AMC:

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a) Central unit consisting of main board(X-1), power supply board (X-3) and Extension board(X-5) along with internal wiring between them.

b) Display & control unit consisting of control board(X-4), moving coil indicators & displays lamps etc.

c) Force measuring device or load cell. d) Counter weight sensor. e) Derrick angle sensor. f) Electrical wiring between different components. g) Any other defect raised in day- to-day operation. h) Sleeve angle sensor.

REPAIR /REPLACEMENT OF COMPONENTS The repair and the replacement of the components will be dealt in following manner.

a) The service engineer will report to site with one full set of components for SLI system except load cell.

b) If any component found defective, it will be checked by the service engineer and consignee at site to assess the nature and extent of defect. If it can be repaired at site it will be repaired.

c) If the component cannot be repaired at site the nature of the defect cannot be ascertained. Or the component is found beyond repair. It will be replaced & consignee will provide the new/serviceable component.

d) In case the component can be repaired, but not at site, it will be repaired at contractor premises. The repaired component will be commissioned in the crane by the service engineer within 20 days. That visit is treated as emergency visit during AMC.

e) In case the defect cannot be ascertained at site, the component will be taken to contractor premises where the nature of the defect will be checked jointly with the consignee representative. If during joint inspection, the component is found to be repairable, it will be repaired and Para(C) & (D) above will be followed. Note:- All the repair of the components will be covered under AMC. No extra cost for repair will be admissible.

MOVEMENT OF CARDS/COMPONENTS:- Sending the cards to contactor premises for repair and collecting them back after repair will be responsibility of the consignee. However, the visits of the service engineer can be utilized for the above if it matches the visits. Contractor will be making any visit to the site for the sole purpose of collecting or depositing the components under repair.

NO. OF SCHEDULE VISITS The service personal will make four visits, quarterly, on mutually agreed dates to each of the cranes in each year of the contract period starting from the date entering the contract. Consignee will identify the place for which crane, where engineer will report with the name and designation of the contact person.

EMERGENCY CALLS In addition to four quarterly visits which are covered in AMC, the contractor will make emergency visits as and when called for, as per requirement for the consignee. No additional payment will be made for emergency visits.

RESPONSE TIME IN CASE OF EMERGENCY VISIT In case of emergency call, service engineer must reach site within 16 hrs. from the time of the receipt of the message, failing which the penalty @ 1000 per day will be payable by the contractor.

DURATION OF VISITS The normal duration of visits will be two days. However in case required it may be extended by another two days. If however, after taking over the crane the contractor takes more than four days to handover the crane back to consignee with all schedule/non schedule repairs and commissioning, penalty will be charged @ Rs.1000 per hour.

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Annexure- I

FORMS Form No. E-5

Electronic Clearing Service (Credit Cleaning) Model Mandate Form

(Investor/ customer‟s option to receive payments through Credit Clearing Mechanism)

Name of the scheme and the periodicity of payment

No.

1) Investor/customer‟s name : 2) Particulars of Bank account : A Name of the Bank : B Name of the branch : Address : Telephone No. : C 9- digit code number of the bank and branch Appearing on the MICR cheque issued by the bank: D Type of the account (S.B. Current or cash Credit) With code (10/11/13) E Ledger and Ledger folio number: F Account number (as appearing on the cheque book) (In lien of the bank certificate to be obtained as under.

Please attach a blank cancelled cheque or photocopy of cheque or front page of your savings bank pass book issued by your bank for verification of the above particulars)

a. Date of effect: I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information. I would not hold the user institution responsible. I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.

(_______________________) Signature of the Investor Customer

Date Certified that the particulars furnished above are correct as per our records Bank‟s Stamp

Signature of the Tenderer/s

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Annexure-II

Constitution of Firm:

1 Constitution o f the Firm/ concern. (Tick

as Applicable)

Sole Prop/Partnership Firm/ Company/JV/Society

2 Full name of firm/ company/JV/Society

3 Year of formation/ incorporation

4 PAN No.

5 Registered Office Address

6 Address on which correspondence regarding this tender should be done.

7 Names of the proprietor/partners/ JV Members etc.

We have enclosed along with the tender, all the requisite documents pertaining to the constitution of the firm/ concern/ company etc., as specified in clause C of Instruction to tenderers”. I/we understand that in the absence of these documents, our tender shall be treated as having been submitted by the individual who has signed the tender documents.

Signature of tender

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Annexure-A.

Performa for Statement of Deviations. 1. The following are the particulars of deviation from the requirement of the Tender specification.

Clause. Deviation. Remarks. (Including justification)

2. The following are the particulars of deviation from the requirements of the instructions to

Tenderer, General & special conditions of contract.

Clause. Deviation. Remarks. (Including justification)

Signature & Seal of the Tenderer/Contractor. Note:- Where there is no deviation, the statement should be returned duly signed with an endorsement

Indication „No Deviation‟. Signature of Tenderer/Contractor.

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Annexure-B

PERFORMA FOR EQUIPMENTS AND QUALITY CONTROL

Tender No. - DSL/LDH/SLI/AMC /2017-18

Date of opening 14.08.2017 AT 15.15 HRS. . Name of firm …………………………………………………………………………............................... Note: All details require only for the item tendered. 1. Name and full address of the Firm/ Contractor………………………………………………… ………………………………………………………………………………………………………. 2. Telephone & Fax No. Office/Factory/Works…………………………………. 3. Telephonic Address…………………………………………………………… 4. Details of License, wherever required as per statutory regulation…..………………………. ………………………………………………………………………………………………………. 5. Details regarding similar work done in past.……………………………………….................. 6. Capacity of item quoted for………………………………………………………………………. 7. Details of staff:

Number of staff employed indicating their minimum & maximum experience status in the field of existing work.

8. Organisation available to render after sales & service. 9. Organisation & facilities available for quality Assurance. Signature & Seal of the Tenderer/Firm.

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Annexure-C.

CHECK LIST

1 Have you purchased the Tender Documents? Yes/No.

2 Have you submitted Earnest Money in any of approved forms? Yes/No

3 Have you furnished the statement of equipment & quality

control (Annexure-B)?

Yes/No.

4 Have you quoted in the prescribed Performa? Yes/No.

5 Have you quoted completion period correctly and precisely? Yes/No.

6 Have you kept your offer valid for 90 days? Yes/No.

7 Have you signed each page of your tender offer? Yes/No.

Signature & Seal of the Tenderer/Contractor.

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Annexure-D.

INDEMNITY BOND INDEMNITY FOR SAFE CUSTODY OF ___________________ We M/s……………………………………………………… (Hereinafter called the contractor) hereby undertake that we shall hold at your works at Diesel Shed, Northern Railway, Ludhiana for and on behalf of the President of India and in trust for him the material/articles (mentioned here in below) which may be and/or which has been made over to us. In connection with the manufacture of ……………………………………………….. (Name and description of work) against contract No.…………………………………………. Dated……………… Name & description of item Quantity


As per schedule of work

We shall be and remain absolutely responsible for the safe custody and protection of the said material/articles against all risks whatsoever till these are completely used against the above mentioned contract and duly delivered to the President of India or to his representative as he may direct and as such do hereby indemnify the President of India against any loss and/or damage to the said material and/or article while in our possession/custody. The said material and/or articles shall, however, be at all times open to inspection by officers who may be authorised in that behalf by the Sr. Divisional Mechanical Engineer (Diesel), Northern Railway, Ludhiana or its nominee. Should, however at any time any loss or damage as aforesaid occur or a refund become otherwise due to the President of India, he or his representative shall be entitled to recover from us compensation for and in respect of such loss or damage if any, of the amount to be so refund without prejudice to any other remedies which may be otherwise available to the said President of India by way of deduction from any sum due to/ or any sum which at any time hereafter may become due to us under this or any other contract. In the event of any loss or damage as aforesaid, the assessment of such loss or damage and the assessment of compensation therefore would be made by the President of India or his authorized nominee and the said assessment would be final and binding upon us. Signature……………….………. Name …………………………. Firm‟s name & address……………..…………… …………………………………………………… ............................................................................... ............................................................................... ............................................................................... ................................................................................

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OFFER FORM (Schedule of Rates) Annexure E

Tender No. : DSL/LDH/SLI/AMC /2017-18

Name of work : AMC OF SLI SYSTEM MS – 365 OF 140 TONNE BD CRANE 142040 BASED AT LDH

Period of work : Three Years

App. Cost of work : Rs.29,77,044/- (Taxes extra Except Environmental charges)

Earnest money : Rs. 59,540/-

Date of opening of tender : 14.08.2017 Time 15:15 Hrs

Note: - The price of the Major SLI Components (i.e. SL No.3 of above table) needed to be replaced in case of damage during non-comprehensive AMC parts are attached herewith at Annexure F. this will be charged as per actual requirement. Offered rate in %:

I/WE HEREBY QUOTE____________________% (IN FIGURE) I.e.______________________

___________________________________PERCENT (IN WORD) ABOVE/BELOW/AT PAR THE

ABOVE TOTAL ESTIMATED COST FOR RS. 29, 77,044/-

.

Date:

Signature of Tenderer

Full Name of Tenderer

S N

Description of work Qty. of visits

per year

Rate per year (Rs.)

Total value (Rs.)

1. Charges for non-comprehensive Annual Maintenance contract for SLI system of 140 T BD crane no 142040 for three years.

4 Nos.

2 Taxes Extra (if any )

2A Environmental Charges @1% of sr. no. 1

3 Total cost of conditional spare parts(Detail at Annexure-F)

4. Grand Total in words

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Annexure F

Major SLI components needed to be replaced in case of damaged during Non-comprehensive AMC

* .

Signature of Tenderer

Full Name of Tenderer

End of the Documents

SN Description Qty. Unit Unit Rate* (Rs.)

1. Boom Angle sensor (BAS) 1 No.

2. Slew Angle sensor ( SAS) 1 No.

3. Force Sensing device (120 Ton Load cell) 1 No.

4. Main Board (central unit) 1 No.

5. Power supply Board 1 No.

6. Display board Assly. with A1 Housing & stand 1 No.

7. Relay Board 1 No.

8. Cable set with MS connector 1 No.

9. Force sensor (Load cell) signal conditioning card 1 No.

10. LCD display 1 No.

11. LCD Black light 1 No.

12 Taxes Extra (if any )

Total (in words)