SOUTH EASTERN RAILWAY

ADRA DIVISION

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DIVISIONAL RAILWAY MANAGER (ELECTRICAL)/ADRA

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NAME OF THE WORK

ISSUED TO ______________________________________________________

Price : Rs.1140 Copy No .

ESCORTING JOB OF AC COACHES (ACCA) FOR BED ROLL DISTRIBUTION ETC. FOR TRAIN NO. 58011/58012

HWH-CKP-HWH PASSENGER FOR PERIOD TO TWO YEARS.

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SOUTH EASTERN RAILWAY

{Z{~Xm g§…/ TENDER Notice : EL(W)/OT/3/Escorting/ACCA/ADA/15 dt. 07.09.15 Divisional Electrical Engineer(Genl.), S.E.Railway/Adra for and on behalf of the President of India, invites Sealed Tender for the following work, from the reputed firms/contractors with sufficient experience and financial capabilities including those registered with any Government Department or Public undertakings and have executed similar nature of works. Srl No.

Description of work Tender value(Rs.)

Earnest Money (Rs.)

Time for completion

Cost of Tender document (Rs.)

A Escorting job of AC coaches (ACCA) for bed roll distribution etc. for trains no. 58011/58012 HWH-CKP-HWH Passenger for period to two years.

2,68,060/- 5,370/- 2 years 1000/- + 140/-(Service Tax)

1. Date, time & place of sailing of

Tender : Tender forms can be obtained from the Office of

the Divl.Electrical Engineer(G)/ Adra, S.E.Railway during office hrs. From 21.09.15 & up to 11.00 hrs. on 16.10.15 on production of original money receipt after deposition of cost of Tender paper (non refundable) Allocation Z-650.

2. Date, time & place of Closing of Tender

: Up to 13.00 hrs. of 16.10.15. The Tender may be dropped in the special box available in the office of the DEE(G)/Adra during office hours.

3. Date, Time & place of Opening of tender

: At office of the DEE(G)/Adra 15.30 hrs. of 16.10.15

4. On behalf of President of India, Divl. Rly. Manager (Elect)/Adra S.E.Railway invites Sealed

Tender for the above work from bonafide and reliable contractors having following eligibility Criteria :

[a] The Tenderers shall be Electrical Contractors license and shall have experience of

execution at least one contract of identical value on Indian Railway.

5. The tenders submitted without documentary evidence for fulfilment of the eligibility criteria will not be considered. References to previous deposition of credentials in any tender will not be accepted and the credentials should be submitted with each tender.

6. The tender must be accompanied with the requisite amount of earnest money in acceptable

form as mentioned in the tender document. Earnest money should be in cash or in the form of Banker’s Cheque/Demand Drafts in favour of FA & CAO, S.E. Railway, Garden Reach. No interest will be paid on the above EMD.

7. Tender documents should not be sent by ordinary post. Tenders received in this office by

registered post on or before 13.00 hrs. of 16.10.15 will be deposited in the tender box before the closer.

8. In case the office remains closed on the date of opening of the tender for any unforeseen

circumstances, the tenders will be received and opened on the next working day at the same time & place.

9. The Railways reserves the right to accept or reject any bid including the lowest one or all

the Tenders or part thereof and split the contract without assigning any reason. Conditional bids incomplete/delayed offers for any reason shall stand rejected.

10. Request for issue of tender paper through post is not acceptable. 11. Tender forms are not transferable. 12. The tender document downloaded form the Website can also be dropped in the Tender

Box along with the original money receipt of prescribed amount towards the cost of Tender form.

N.B.:The above tender Notice is available at NIC’s Web site www.tenders.gov.in and S.E.Railway’s Website i.e. www.ser.indianrailway.gov.in Tenderers can also download the Tender document from the above Website from 21.09.15 & up to 11:00 Hrs. on 16.10.15. Tender Notice is also available a t the Notice Board of DEE(G)/ADA’s office.

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Divl.Railway Manager (EL)/A dra, S.E.RAILWAY

FOR AND ON BEHALF OF PRESIDENT OF INDIA.

Copy to : DRM/Adra for kind information please. Copy to : ADRM/Adra for kind information & up loaded to Website please. Copy to : Sr.DFM/Adra for information. He is requested to please depute one of the section officer to witness the opening of the tender as mentioned above at 15.30 hrs. on 16.10.15 Copy to : CEE/GRC & CEE/Con/GRC for kind information please. Copy to : DRM/EL/KGP, SRC, RNC, and CKP for wide publicity. Copy to : CPM/RE/RNC, CPM/RE/BBS. Copy to : Divl.Cashier/ADA & Sr.Divl. Audit Officer/Adra. Copy to : Notice Board.

O F F E R L E T T E R

To The President of India, Acting through DIVL.RLY. MANAGER (ELECT) South Eastern Railway, ADRA. Dear/sir,

1. I/We ________________________________________________ have read various conditions to tender hereto attached and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 120 (One hundred twenty) days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our Earnest Money. I/We offer to do the work as detailed below at the rates quoted below :

Name of Work Approx. value of contract

Rate (exclusive of service tax while inclusive e of all other taxes & charges as leviable by the central govt. , state govt. & local authority) in

Percentage ABOVE/PAR/BELOW to be quoted in figures as well as in words by the tendere’s.

Service tax @ 14% of quoted value

Escorting job of AC coaches (ACCA) for bed roll distribution etc. for trains no. 58011/ 58012 HWH-CKP-HWH Passenger for period to two years.

Rs. 2,68,060/- (Rupees Two lakh sixty eight thousand sixty only).

_______________ %

( IN FIGURES )

ABOVE/PAR/BELOW

________________________

( IN WORDS )

ABOVE/PAR/BELOW

Rs.___________ ( IN FIGURES )

Rs.____________ ( IN WORDS )

NOTE :

(a) The Tenderer(s) should quote only UNIFORM percentage ABOVE/ PAR/BELOW the rates of all items given in the schedule on overall basis including all taxes and any other statutory duties only on this offered letter.

(b) No special conditions will be accepted and the tender will be treated as non-responsive

in case of any conditions quoted by the tenderer.

(c) Conditional tender will be summarily rejected.

2. I/We hereby bind myself/ourselves to complete the works within the time limits specified in the conditions of tender. I/We also hereby agree to abide by the General Condition of Contract and to carry out the works according to the standard specifications for materials and works laid down by the Railway for the present contract.

3. I/We declare that I/We the S.E. Railway Schedule of Labour and Materials rates revised edition 1992 corrected up to date i.e. up to date Correction Slip No.1 dated 05-9-1995 and gone through rates, regulations of tenders and contract General Conditions, Special conditions, Specifications and other particulars embodied in volume 2 of 1994 and have fully understood and agree to abide by them.

4. A sum of Rs. 5,370/- is hereby forwarded as Earnest Money Deposit. The full value of

the Earnest Money shall stands forfeited without Prejudice to any other right or remedies if

(a) I/We do not execute the contract documents within SEVEN days after receipt of notice

issued by the Railway that such documents are ready. OR

(b) I/We does not commence the work within 10 days after the receipt of the order to that effect.

OR (d) If the documents furnished along with the tender documents, found defective/

fabricated or not genuine. 5. Until a formal agreement is prepared and executed, acceptance of this tender shall

constitute a binding contract between us subject to modifications as may be mutual agreed to between us and indicated in the Letter of Acceptance of my/our offer for this work.

6. I/We may enclose the IT, ST clearance certificate or declaration to that effect as required

pertaining to me/us for the year. CONTRACTOR’S ADDRESS : ___________________________________

___________________________________

___________________________________

(Mobile No.) ___________________________________

SIGNATURE OF TENDERER(S)/CONTRACTOR(S)

PART – I

Tender Schedule

Tender Schedule for the Escorting job of AC coach attendant (ACCA) for Bed roll distribution etc. for train no 58011/58012 HWH-CKP-HWH Passenger. For period of two years

Srl. No.

Description of Work Unit Total trip Hrs in

2 years

Rate/ Hour Amount (Rs.)

1 Escorting job of AC coach attendant (ACCA) for Bed roll distribution etc. for train no 58011/58012 HWH-CKP-HWH PASSIENGER.

Hrs. 19710 11.93 235140

235140

Service Tax @14% 32920

TotalTotalTotalTotal Rs.Rs.Rs.Rs. 268060

D.E.E(G)/ADA

SOUTH EASTERN RAILWAY

Annexure- A

Calculation of Total running hours for the Escorting job of AC coaches (ACCA) for Bed roll distribution etc. for train no 58011/58012 HWH-CKP-HWH Passenger. For period of

two years Sr. No.

Depot Train No.

No. of coaches/

rake/ trip

Nos. of Services/

week

Nos. of Trip/ Year

Round trip Hours/

Services (In Hrs.

Minutes)

Total running

Hours/ year (In Hrs. Minutes)

Remarks

1 2 3 4 5 6 7 8=4X 6x 7 1 SRC 58011/12 1 7 365 27 Hrs 9855

8 Total Hours in a year 9855

9 Total Hours in two year 9855 x 2

10 Say Grand Total Hours in Two Year 19710

DEE(G)/ADA

General conditions and Instructions:-

1. The contractor has to keep a daily booking format, each in 4 copies. The format has to be

jointly signed by the contractor’s supervisors and railway supervisor and one copy of the same to be submitted along with the bill and one copy to Rly. Authority as nominated by DEE/G/Adra.

2. Contractor shall comply with all safety rules. Industrial and labour regulations and Railway will not be responsible for any injury caused to contractors men during performing duties or in case of their negligence during working. It shall be sole responsibility of the contractor to get their employees covered under security insurance at his own expenses.

3. The contractor duly attested by Railways shall issue necessary photo identity cards to the contractor’s staff. Rly. Authority as nominated by DEE/G/Adra shall issue necessary free travel authority with on duty ACCM booked in train as per Rly. Norms.

4. Contractor should ensure that their staff boards the train coaches. If needed contractor can keep spare staff at his own cost of ensure 100% boarding the coaches by their staff. No accommodation will be provided by the railway.

5. The rate quoted and accepted shall be inclusive of all taxes as leviable by Union of India/State Govt./Sales tax, Octroi etc., if any.

6. Personnel of contractor will not be given any employment in any capacity either permanent or temporary basis or casual in Railway.

7. Contractor shall have to depute his personnel during strike, bandh even in case of complete breakdown of law and order.

8. The personnel of contractor should be smart and well dressed in uniform as well as disciplined and literate.

9. No OT/TA/DA convergence allowance or any type of allowance will be admissible to the personnel of contractor from Railway.

10. Tenderer has to co-ordinate with local police authorities as and when desired by the administration.

11. Payment will be made through cheque/RTGS/as advised by Rly. To tenderer. 12. If desires, the railway reserve the right to extend the contract for next one year with same rate,

terms & condition subject to both parties consenting to it as per extant rule. 13. Contractor has to deploy 4 Nos. (Approx.) ACCA staff for the service. However it may be

changed after introducing new trains/reducing trains in running contract. In this matter one attendance register to be maintained by the agency and it should be signed by concern SSEE and during preparation of the bill same should be submitted by agency for billing.

14. If new trains included or reduces in running contract the same may be treated as variation under USOP or its latest correction slip.

15. Physically appearance of 1(One) ACCA staff in each AC coach should be strictly followed & ensured by the firm.

16. Deduction of linen by the contractor staff should be duly signed by bedroll in charge, Electrical supervisor (deputed for booking of ACCA), proprietor of the firms or his authorized representative & certified by DEE/G/ADA or his authorized representative too.

17. Recoveries of debit against ACCA for lost of Bed roll/linen in terms of RB’s letter No.2005/TG-V/10/17 dtd.02.03.06 vide policy circular No.19 of 2006 with its correction slip/modification slip 2069/MC/165/6 dtd.04.01.10.

18. The administration reserves the right to include/exclude the trains during the currency of contract & when required.

19. Period of contract shall be calculated from the Date of commencement of contract up to completion of running Hours.

20. The total working hours of AC coach attendant is 19710 running hours. 21 To deployment of staff as per Indian Labour rules and all the safety aspects should be strictly

followed by the contractor.

22 To execute the necessary works, explanatory notes for the outsourcing & including schedule of works should be carefully read by the contractor.

23 The duration of the contract shall be two callender2 years/ 24 months/ 730 days from the issue of LOA (Letter of Acceptance)

24 The contractor will work under the supervision of concerned Rly. Authority as nominated by DEE/G/Adra.

25 The nominated trains for outsourcing of ACCA is worked out & enclosed in Annexure 'A' have also been mentioned. The trip hours have been worked out by considering the running hour of the train with one hour time before departure from originating and one hour time after arrival at destination during onwards journey & one hour time before departure & one hour after arrival at destination during return journey for every service. ACCA to be deployed of each coach in every service.

26 The contractor should book staff as per Job list for escorting staff of AC coach and the duty of ACCA as per Rly. Bd's letter No. 83/ Elect/.1/ 138/ 8 Dt. 24/ 25.10.85. Duties of ACCA is enclosed in Annexure C.

27 In this matter one attendance register to be maintained by the agency and it should be signed by concern SSEE and during preparation of the bill same should be submitted by agency for billing.

28 The statutory rest hours should be arrange to every staff as per the labour laws. 29 The arrangement for the stay of contractor staff shall be made by the contractor at his own

cost at destination/ originating stations. No space, electricity or water shall be provided to the contractor’s staff during a stay as such.

30 No payment shall be made for the stay hours at originating or destination station, however the contractors staff shall follow the condition stipulated at Para-7 above.

31 The contract shall be governed by the GCC of Railways as amended from time to time apart from that by the special conditions of contract stipulated there in.

32 Rly. will reserve all rights to terminate the contract with a notice of 15 days. 33 The cost of the damage/ shortfall/ theft, if any caused by contractor’s staff to the Railway

property shall be recovered from the contractor’s bills. In case the staff desert the coach or absconds the duty before conclusion of the round trip, the entire amount for the No. of staff so deserting for the entire round trip at double the rate shall be recovered from the contractor’s bills. Further in case of loss of linen by staff the same shall be recovered from the contractors bill as per rates of linen as per prescribed latest rates issued by commercial department from time to time, which will be equivalent to required from Railway Authority.

34 In case contractor’s staff does not /do not turn up on duty before one hour from the schedule departure of the train at originating, an amount at double the rate per staff per hour shall be recovered from the entire round trip for that much No. of staff from the contractor’s bills as a token penalty for the default so committed. Further if the contractor’s staff is not followed the guidelines of Rly. Bd's guideline (Duties of ACCA) or found without uniform and badges a penalty, of one round trip for that much no. of staff for that train shall be recovered from the contractors bill.

35 Payment for the duties performed during the month shall be made every month. A Measurement book shall be maintained by the concerned Rly. Depot incharge for certifying the bill of the contractors. A Register covering details of hours of the train and No. of attendants provided by the contractor and Rly authority.

36 If any complaint happens to be received against a particular staff from the passenger / AC coach In-charge, the contractor’s staff shall be liable to be debarred. In case the complaint so received aggregate to 3 (three) in numbers on three separate instances, the staff so complained against shall automatically stand debarred permanently. The contractor shall be liable for any un becoming behaviour by the attendant on duty. The loss will be borne by the contractor.

37 The contractor’s staff/ shall not carry any illegal /unauthorized dak/parcel/goods/courier etc on board including inflammable items on safety point of view. Also should not carry or display or exhibit any kind of advertisement on his person or in the coach by him. He should also disclose /entry his personnel money, before start his duty at originating station.

38 Travel authority will be issued by the Railway Administration to the contractor’s staff to and fro from the originating station to destination station(s).

39 The contractor’s staff shall not consume or carry any alcoholic drinks or narcotic drugs on their person or personal implements. If any staff is found drunk or carrying narcotic drugs or alcoholic drinks a penalty of double the rate of one round trip hrs. per staff will be recovered from the contractors bill & that particular staff will not be allowed to go on any trip in future in contract period.

40 The contractor shall not assign /sublet the contract or the interest therein or the part thereof to any other party or partner(s) without the express consent of the Railway.

41 The rates provided shall be flat for the late/extra hours, short services, cancellation or rescheduling of services. In case, a train service is terminated en-route, full cost of the round trip will be payable to the contractor. The same basis shall be applicable for any short service of AC Coaches. In case of rescheduling of the trains, if the intimation to that effect is issued to the contractor 6 hours or more in advance, no extra payment shall be made to the contractor. In case of late running of a train, no extra payment shall be payable if the train is behind schedule on the round trip by equal to or less than 1 hour. For late running exceeding one hour on the round trip, the payment shall be released for the actual late running period for such completed hour at the normal rates.

42 The contractor shall comply with all the LEGAL PROVISION pertaining to industrial Labour and Hours of Employment Regulations in force. The wages to be paid to contractor’s staff shall necessarily be a accordance with the provisions of the MINIMUM WAGES ACT/or Government of India Ministry of labour and employment Office of the CLC/New Delhi -110001 Memorandum latest amendment (if any) is applicable to the labours as amended from time to time. The risk to the file and limb of the staff shall be covered by the contractor by way of an insurance policy. Compensation to the contractor’s staff in case of accidents or otherwise shall be made by the contractor. he should produce the relevant documents confirming that he is following the minimum wage act of govt. at the time of claiming bill to Railway.

43 The tenderers shall be licensized Electrical Contractors and shall have experience of execution of at least one contract of identical value on Indian Railways. The contractor’s minimum eligibility criteria has enclosed.

44 The contractor’s staff shall report to the depot in charge at trains from originating stations. The staff shall sign off not before one hour after the conclusion of the round trip. All the hours based on Actual departure and arrival of trains from origination/ destination.

45 Before depute of staffs by contractor in train, the contractor shall submit the following documents pertaining to the staffs before commencement of the contract:-

i) Full name of the Staffs ii) Original copy of ID card/ UID card/ PAN card for verification & same attested by Gazetted officer for office record. iii) Residential /Permanent address (including telephone no. if any). iv) Educational Qualification (along with attested copies of the SSC/HSCC Certificate. v) Age (attested copy of the certificate issued by Civil Hospital or any MBBS

Physician & surgeon certificate) v) Proficiency in Official Languages(English & Hindi)

46 During payment of contractor’s bill the following document is required for passing of bill :- Date cum train wise staff (ACCA) Attendance register should be maintained by the agency and it should be signed by concern supervisor i.e. Rly. Authority as nominated by DEE/G/Adra countersigned DEE(G)/ADA and same should be submitted by agency at the time of billing.

DUTIES OF AC COACH ATTENDANT

1 To appear in prescribed uniform, and have his badge fixed on it for easy identification by

travelling public/ passengers. 2 To be present one hour before the schedule departure of the train. 3 To collect linen and blankets after accountal from the concerned authorities keep in safe

custody in the coach. He shall distribute the linen as per the specified guidelines to the passengers as per the reservation chart & as and when required in the way side stations.

4 He shall also maintain necessary record for the issued bed rolls issued. He may collect the linen half an hour before the completion of the journey from the passengers.

5 To declare his personal belongings i.e. Money, luggage etc. in the log with ACCM before start of the journey.

6 He shall directly work under the supervision of ACCI/ACCM on duty. 7 To check that internal electrical fittings in the coach provided for the comfort and safety of

passengers are intact and in working order. 8 To attend personally to monitor electrical/mechanical defects developing in the coach and call

concerned maintenance staff for concerned for attending to other repairs whenever necessary. 9 To assist the ACCI/ ACCM in the rectification of minor faults in the AC coach equipment on

enroute and to carry out other duties such as cleaning of electroplated fittings. 10 To remain with the AC coach when it is detached enroute due to sick marking till the coach

is attached, made fit and moved there after to either the base depot or any other terminal from where it is to be put back in service.

11 To attend training course as and when deputed by the Administration. 12 To carry out such other duties as may be assigned to him from time to time by

ACCI/ACCM/TTE. 13 To check tickets of passengers when they first enter in the coach to occupy berths/seats, if

TTE/Conductor is not available to exercise the checks. He should not allow any person without proper tickets to occupy the accommodation available in the coach.

14 To accommodate passengers or joining en-route under the supervision of the ACCI/ TTE of the coach.

15 To ensure that the water tanks are filled with full of water and all fittings for supply and use of water in the bath rooms are intact in good working order.

16 To carry jerry cans and to supply cooled water to passengers and to ensure filling up of water containers/jerry cans at the nominated stations.

17 To keep the compartments locked when the train is on the run and open them for occupation as and when required.

18 To assist passengers in obtaining food/refreshment and look after their convenience generally.

19 To prevent entry of beggars, hawkers, unauthorised passengers and heavy laguage inside the coach especially in the corridors and to keep the corridor and space near the bathroom free from obstruction.

20 To keep watch on the corridor of the coach from the attendant seat during night time. 21 To keep the berths/seats of compartment properly closed at regular intervals by personally

dusting the same.

SPECIAL CLAUSE:-

RECOVERY CLAUSE: The cost of the damage, if any caused by contractor’s staff to the railway property shall be recovered from the contractor’s bills. In case the staff desert the coach or absconds from duties before conclusion of the round trip/hours of the trip, the entire amount for the no. of staff so deserting for the entire round trip at double the rate shall be recovered from the contractor’s bill. Further in case of loss of linen by staff the same shall be recovered from the contractor’s bill as per rates of linen prescribed by commercial deptt. From time to time.

PENALTY CLAUSE : (a) In case contractor’s staff does not/do not turn up on duty:- An amount at double the rate per staff

per hour shall be recover from the entire round trip/hours of duty. (b) In case contractors’ staff turned up late:- If contractor staffs do/does not turn up one hour before

schedule departure of the train, they will not be allowed to take charge of coach, penalty will be imposed as per clause(a).

(c) In case contractor’s staff leave the coach en-route:- It will be considered as not turn-up on duty &

penalty will be imposed as per clause (a). (d) If the contractor’s staff is not in proper dress (proper dress means clean uniform, I.Card and badge

etc. as desired by administration):- a penalty of Rs.1000/- for each staff shall be recovered from the contractor’s bill.

(e) If any staff of contractor misbehave/disobeys with on duty A.C. Mechanic and also with travelling

passenger which shall be reflected in the passenger’s complaint book/Log book: a penalty of Rs.2000/- for each staff shall be deducted from the firm’s bill.

(f) Delay in intimation for non-supply of ACCA staff: If contractor/Nominated supervisors not

intimate about non supply of ACCA staff in trains, penalty Rs.5000/- each staff will be imposed for each.

Wages to Labour: The contractor shall be responsible to ensure compliance with the provision of the Minimum Wages Act, 1948 (herein after referred to as the “said Act” and the Rules made there under in respect of any employees directly or through petty contractors or sub-contractors employed by him on road construction or in building operations or in stone crushing for the purpose of carrying out this contract. If, in compliance with the terms of the contract, the Contractor supplied any labour to be used wholly or partly under the direct orders and control of the Railways whether in connection with any work being executed by the Contractor or otherwise for the purpose of the Railway such labour shall, for the purpose of this clause, still be deemed to be persons employed by the contractor. Apprentices Act:- The contractor shall be responsible to ensure compliance with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued there under from time to time in respect of apprentices directly or through petty contractors or sub-contractors employed by him for the purpose of carrying out the Contract. If the contractor directly or through petty contractors or sub-contractors fails to do so, his failure will be a breach of the contract and the Railway may, in its discretions, rescine and contract. The contractor shall also be liable for any pecuniary liability arising on account or any violation of the provisions of the Act.

Note: The contractors are required to engage apprentices when the works undertaken by them last for a period of one year or more and/the cost of works in rupees one lakh or more.

Provision of payments of Wages Act:- The contractor shall comply with the provision of the payment of wages act, 1936 and the rules made there under in respect of all employees directly or through Petty contractors or sub-contractors employed by him in the works. If in compliance with the terms of the contract, the Contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct orders and control of the engineer whether in connection with the works to be executed hereunder or otherwise for the purpose by the Engineer such labour shall never be deemed to comprise persons employed by the contractor and any money payable by the engineer in order to be paid by the Engineer shall be deemed to be money payable by the Engineer on behalf of the contractor and the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from any money due to the contractor (whether under this contract or any other contract) all money paid or payable by the Railways by way of compensation of aforesaid or for costs of expenses in connection with any claim thereto and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor. Provision of Contract labour (Regulation and Abolition) Act, 1970 – (1) The contractor shall comply with the provision of the contract labour (Regulation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to tome wherever applicable and shall also indemnify the Railway from and against any claims under the aforesaid Act and the Rules. The contractor shall obtain a valid license under the aforesaid Act as modified from time to time before the commencement of the work and continue to have a valid license until the completion of the work. Any failure to fulfil the requirement shall attract the penal provision of the Contract arising out of the resultant non-execution of the work. The contractor shall pay to the labour employed by him directly or through sub-contractors the wages as per provision of the aforesaid Act and the rules wherever applicable. The contractor shall notwithstanding the provisions of the contract to the contrary, caused to be paid the wages to labour indirectly engaged on the works including any engaged by sub-contractors in connection with the said work, as if the albour had been immediately employed by him.

In respect of all labour directly employed in the work for performance of the contractor’s part of the contract, the Contractor shall comply with or cause to be complied with the provisions of the aforesaid Act and Rules wherever applicable. In every case in which, by virtue of the provision of the aforesaid act or the rules, the Railway is obliged to pay any amount of wages to a workman employed by the contractor or his sub-contractor in execution of the work or to incur any expenditure on account of the contingent, liability of the railway due to contractor’s failure to fulfil his statutory obligations under the aforesaid Act or the rules, the Railway will recover from the contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice to the rights of the Railway under the section 20, sub-section(2) and section 2, sub-section (4) of the aforesaid Act, the railway shall be at liberty to recover such amount or part thereof by deducting it from the security deposit and/or from any sum due by the railway to the contractor whether under the contract or otherwise. The railway shall not be bound to contest any claim made against it under sub-section (1) of section 20 and sub-section(4) section 21 of the aforesaid act except on the written request of the contractor and upon his giving to the railway full security for all costs for which the railway might become liable in contesting such claim. The decision of the railway regarding the amount actually recoverable from the contractor as stated above shall be. Reporting of Accidents to Labour: The contractor shall be responsible for the safety of all employees directly or through petty contractors or sub-contractor employed by him on the works and shall report serious accidents to any of them however and wherever occurring on the works to the Engineer or the Engineer’s representative and shall make every arrangement to render all possible assistance.

Provision of Workmen’s Compensation Act: In every case in which by virtue of the provisions of section 12 sub-section(1) of the workmen’s compensation Act 1923, Railway is obliged to pay compensation to a workmen directly or through petty contractor or sub-contractor employed by the contractor in execution the work, Railway will recover from the Contractor the amount of the compensation so paid, and, without prejudice to the rights of Railway under section 12 sub-section(2) of the said Act, Railway shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise, Railway shall not be bound to contest any claim made against it under section 12 sub-section(1) of the said Act except on the written request of the contractor and upon his giving to railway full security for all costs for which Railway might become liable in consequence of contesting such claim.

Railways are not to provide quarters for contractors: No quarters shall normally be provided by the railway for the accommodation of the contractor or any of his staff employed on the work in exceptional cases where accommodation is provided to the contractor at the Railway’s discretion recoveries shall be made at such rates as may be fixed by the Railway for the full rent of the buildings and equipments therein as well as charges of electric current, water supply and conservancy. (1) Labour Camps: The contractor shall at his own expenses make adequate arrangements for the

housing supply of drinking water and provision of latrines, and urinals for his staff and workmen, directly or through the petty contractor or sub-contractors and for temporary creche (Bal-mandir) where 50 or more women are employed at a time suitable sites on railway land, if available, may be allotted to contractor for the erection of labour camps, either free of charge or on such terms and conditions that may be prescribed by the Railway. The contractor at his own cost shall maintain all camps sites in clean and sanitary conditions.

(2) Compliance to rules for employment of labour: The contractors shall conform to all laws, bye-

laws rules and regulations or the time being in force pertaining to the employment of local or imported labour and shall take all necessary precautions to ensure and preserve the health and safety of all staff employed directly or through petty contractor or sub-contractors on the work.

(3) Preservation of peace: The contractor shall take requisite precautions and use his best

endeavors’ to prevent any riotous or unlawful behaviour by or amongst his workmen and other employed directly or through the petty contractor or sub-contractors on the work and for the preservations of peace and protection of the inhabitant and security of property in the neighbourhood of the works. In the event of the Railway requiring the maintenance of a special police force at or in the vicinity of the site during the tenure of works, the expenses thereof shall be borne by the contractor and if paid by the Railway shall be recoverable from the contractor i.e. either from bill or Security deposit.

(4) Sanitary arrangement: The contractor shall obey all sanitary rules and carry out all sanitary

measures that may from time to time be prescribed by the Railway medical authority and permit inspection of all sanitary arrangement at all times by the Engineers representative or the Medical staff of the railway. Should be contractor fail to make the adequate sanitary arrangement, these will be provided by the railway and the cost thereof will be recovered from the contractor.

(5) Outbreak of infectious disease: The contractor shall remove from his camp such labour and

their families as refuse protective inoculation and vaccination when called upon to do so by the engineer or the engineer’s representative on the advice of the railway medical authority should cholera, plague or other infectious disease break out the contractor shall burn the huts, beddings, cloths and other belongings of or used by infected parties and promptly erect new huts on healthy sites as required by the Engineer failing which within the time specified in the Engineer’s requisition, the work may be done by the railway and the cost thereof will be recovered from the contractor.

(6) Treatment of Contractor’s staff in Railway Hospitals: The contractor and his staff, other than

labourers and their families requiring medical aid from the Railway Hospital and dispensaries will be treated as private patients and charge according. The contractor’s labourers and their families will be granted free treatment in railway hospital and dispensaries where no other hospital or dispensaries are available provided the contractor pays the cost of medicines, dressing and diet money according to the normal scale of additional charges for special examinations such as pathological and bacteriological examination, X-ray etc. and for surgical operation.

(7) Medical facilities at site:- The contractor shall provide medical facilities at the site as may be

prescribed by the engineer on the advice of the railway medical authority in relation to the strength of the contractor’s resident staff and workmen.

(8) Use of Intoxicants: The sale of ardent, spirits or other intoxicating beverages upon the work or

in any of the buildings, encampments or tenements owned, occupied by or within the control of contractor or any of his employees shall be forbidden and the contractor shall exercise his influence and authority to the utmost extent to secure strict compliance with this condition.

(9) Non-employment of female labour: The contractor should not employ female labour for

accompany work in Trains. (10) Restriction on the employment of retired Engineers of Railway service within two years of

their retirement. The contractor shall not if he is a retired govt. engineer or Gazetted rank, himself engage in or employ or associate a retired Government engineer of a gazetted rank, who has not completed two years from the date of retirement, in connection with this contract in any manner whatsoever without obtaining prior permission of the President and if the contractor is found to have contravened thus provision it will constitute a breach of contract and administration will be entitled to terminate the contract at the risk and cost of the contractor and forfeit his security deposit.

(i) Non-employment of labourers below the age of 15: The contractor shall not employ children below the age of 15 as labourers directly or through petty contractor or sub-contractor for the execution of work.

(ii) Medical certificate of fitness for labour: The contractor shall not employ a person above 15 and

below 19 years of age for the purpose of execution of work under the contract unless a medical fitness certificate granted to him by a certifying surgeon certifying that he is fit to work as adults is obtained and kept in the custody of the contractor or a person nominated by him in this behalf and the person carries with him, while at work, a token giving a reference to such certificate. the responsibility for having the adolescent examined medically at the time of appointment or periodically till he attains the age of 19 years shall devolve entirely on the contractor and all the expenses to be incurred on this account shall be borne by him and so fee shall be charged from the adolescent or his parent for such medical examination.

(iii) Period of validity of medical fitness certificate: A certificate of fitness granted or renewed for the above said purposes shall be valid only for a period of one year at a time. The certifying surgeon shall revoke a certificate granted or renewed if in his opinion the holder of it is, no longer fit for work in the capacity stated therein, where a certifying surgeon refuses to grant or renew a certificate or revoke a certificate he shall if so required by the person concerned, state his reasons in writing for doing so.

(iv) Medical re-examination of labour: Where any official appointed in this behalf by the Ministry of Labour is of the opinion that any person employed in connection with the execution of any work under this contract in the age group 15 to 19 years is without a certificate of fitness or is having a certificate of fitness but no longer fit to work in the capacity stated in the certificate, he may serve on the contractor or on the person nominated by him in this regard, a notice enquiring that such person shall be examined by a certifying surgeon and such person shall not if the concerned official so respect be employed or permitted to so any work under this contract unless he has been medically examined and certified that he has been granted a certificate of fitness or a fresh certificate of fitness as the case may be.

(11) Rights of the Railway to deal with tender:- The authority for the acceptance of the tender will

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

(i) If the tenderer(s) deliberately gives/giove wrong information in his/their tender or

creates/create circumstances for the acceptance of his/their tender the Railway reserves the right to reject such tender at any stage.

(ii) If the tenderer(s) expires after the submission of his/their tender or after the acceptance of

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

GENERAL TERMS AND CONDITION: -

1. The above work should be completed within two years from the date of commencement of work.

2. General conditions for works contract as and when applicable in respect of penalty, breach of contract, termination, arbitration etc. will be imposed.

3. Earnest Money deposited with the tender will be retained as partial security deposit and balance will be recovered as per extent rules and will be refunded after completion of guarantee period and settlement of all dues less debit if any according to the condition of contract. No interest will be paid towards preserved the security money and performance Guarantee deposited by the tenderer against contract.

4. On account payment will be done on quarterly basis, if desired by the contractor, 2%

Income tax, 1% Labour welfare Cess, Service Tax and C. Cess and other taxes as applicable will be recovered from the bill.

5. Price and rates quoted above inclusive of all taxes/charges lead, lifts, transportation and other charges. No extra charges will be paid for this works contract.

6. No compensation or any type of relief either temporary or permanent casual will be paid by the railway arising due to injury or death while performing duty by the contractor’s staffs.

7. The Railway in no case will be responsible for any legal matter arising out of any state or Central Govt. laws in the matters of employing the labour for accompany work by the contractor. S.E.Railway Gen Condition of contract 2001 Vol-II and up to date correction slip are applicable and binding on the contractor.

8. Variation in contract quantities as per New Clause 42(4) to Indian Railways

General Conditions of Contract (Ref.: Item-9 to Rai lway Board’s letter No.2007/CE-I/CT/18, dated. 28.09.2007 and Item-2 to letter No. 2007/CE.I/CT/18 Pt.XII, dated: 31.12.2010) the procedure as detailed below shall be adopted for dealing with variation quantities during execution of work contracts:-

1. Individual NS items in contracts shall be operated with variation of plus or minus 25%

and payment would be made as per the agreement rate. For this, no finance concurrence would be required.

2. In case of increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions:

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

(i) Quantities operated in excess of 125% but up to 140% of the agreement quantity of

the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;

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

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

b. The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value.

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

3 In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items upto 25% of individual item

without finance concurrence. (b) For decrease beyond 25% for individual items or 25% of contract agreement value,

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

(c) It should be certified that the work proposed to be reduced will not be required in the same work.

4 The limit for varying quantities for minor value items shall be 100% (as against 25%

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

5 No such quantity variation limit shall apply for foundation items.

6 As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (single percentage rate or individual item rate).

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

8 For tender accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager.

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

10 The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided.

Special Condition: - while submitting the bill an acquaintance certificate should be accompanied

by the contractor to ensure that there is no violation of minimum wages of labour rate as per provision of labour law by the labour department.

N.B: "The labours deployed by the contractor for the entire work must have individual Bank

account in their own name. The payment to the labour by the contractor shall be made as per the latest minimum wages issued from Chief labour commissioner(C) through bank accounts of the individual labour only and not in cash. The contractor while submitting the on account/final bill for a particular month shall enclose the photocopy of the bank statement showing that payment has been made directly to bank account of the labours in the previous month. The payment of the contractor will not be released on failure to submit the bank statements for each and every labour."

P A R T - II

INSTRUCTIONS OF TENDERERS AND TERMS AND CONDITIONS OF TENDERING (To be signed by the Tenderer and submitted along with the Tender)

1.1.1 TENDER PAPERS/DOCUMENTS

The tender papers/documents are divided into three parts. part consists of Technical

specification in detail of all equipments to be used, including the following. The part II & III consists of instructions to Tenderers and terms and conditions for tendering including conditions of pricing and payment and forms of tender.

1. Tender Notice 2. Tender Form 3. Price schedule with its Explanatory Notes 4. Specifications 5. Special conditions of Tendering

1.1.2 GENERAL INSTRUCTIONS

The intending tenderers before submission of tenders is advised at his own interest to

study the tender papers carefully without prejudice to the generality of the foregoing and the tenderer shall inspect the site and surrounding of the work specified in the tender document and shall satisfy himself by careful examinations before submission of the tender as to the nature of site, soil, and local conditions availability of labour and materials for execution of work, the means of access to site, supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for the thing referred to or implied in the tender documents. Railways shall not entertain the tenderer in any form or plea of ignorance, difficulties, doubts, misconception and misapprehension thereof affecting the execution and completion of work. 1.1.3 SUBMISSION OF TENDER.

The tender must be submitted in SEALED ENVELOPS marked the tender notice Number and the name of the work and should be deposited in the sealed Tender Box kept in the office of the Divl.Electrical Engineer(G), South Eastern Railway, Adra herein after called Divl.Elect.Engineer(G)SER/ADRA during office hours up to 15.00 hrs. on the day specified in tender notice. The tender will be opened in the presence of such tenderers as may be present shortly thereafter at 15.30 hrs on the same day and the names of tenderers and rates read out.

Tenders sealed and superscripted as above, may also be sent by Registered Post

addressed to the above mentioned officer, but no tender which is received after the time and date specified above will be considered.

Any tender delivered or sent otherwise will be at the risk of the tenderer. All documents

to be submitted in connection with the tender SHALL BE WRITTEN IN ENGLISH AND IN INK.

1.1.4 RATES.

The tenderer should quote only uniform percentage (ONE PERCENTAGE) above/par/below the rates for the items incorporated in the schedule in FIGURES as well as IN WORDS and shall form the basis of payment for the work done. If there be any variance in rates quoted by the tenderer between the words and figures, the rates quoted in words will be treated as final and binding.

1.1.5 CLARIFICATION. Clarifications required by the tenderers may be obtained from the office of the Divl.Elect.Engineer(G)SER/ADRA as prescribed. 1.1.6 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE. The tenderers is required to produce along with his tender the Current and Valid Income tax and Sales tax clearance certificate in original (which will be returned when done with) 1.1.7 INCOME TAX DEDUCTION. Income tax at 2% plus surcharge as applicable of the gross amount to be paid by the contractor in pursuance to the contract which will be deducted from the bills preferred by him in accordance with section 104-A of the Income Tax Act 1961 as introduced through Finance Act of 1972 of amended from time to time. 1.1.8 LICENCE/ELECTRICAL CONTRACTORS CERTIFICATE . Along with the tenderer, the Tendered shall have to submit valid Electrical Contractors License issued by the Government in favor of the contractor to executive the work and supervise the electrical works. 1.1.10 SIGNING OF TENDERS AND POWER OF ATTORNEY . In case of a firm not registered under Partnership Act, all the partners of the attorney duly authorized by all of them should sign the tenderer and other connected documents. A copy of the document empowering the individuals to sign should also be sent with the t ender. In any case, tender should disclose his constitution fully and copies of all necessary documents in support thereof should be submitted with the tender and original thereof should be produced as and when called for. 1.1.10. Any individual signing the tender or other documents connected there with should specify whether he is signing.

i) As sole proprietor of the concern or his attorney or ii) As a partner or partners of the firm, or iii) For the firm as per procreation, or iv) As a Director, Manager or Secretary in the case of limited Co.

1.1.11 TENDERER’S ADDRESSES.

Every tenderer shall state in the tender his postal address fully and clearly. Any communication sending to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time, not with standing the fact that the communication did not reach the tenderer at all or in time for the reasons what so ever. Important documents shall be sent by Registered post.

1.1.12 ERASURES OR ALTERNATIONS.

No erasure or alterations in the text of the tender papers is permitted and any such

erasures and/or alterations will either be disregarded or render the whole tender void at the option of the Railway Administration. Any correction made in rates for the work shall be initialed in ink and dated.

1.1.13 COMPLIANCE WITH INSTRUCTIONS.

Tender which do not comply with the instructions detailed above, shall not be considered.

1.1.14 RESULT OF TENDER.

The acceptance of the tender will rest with the competent authority, for and on behalf of the President of India, who reserves the right to decide the tenders amongst more than one tenderer, if deemed necessary, and also to reject any or all tenderers received without assigning any reasons and does not bind himself to accept the lowest or any tender.

1.1.15 VALIDITY OF TENDER

The contractor shall keep the offer viz. The tender and/or tenders, as may be modified by negotiations open for acceptance for a period of 120 days from the date on which tender/tenders is/are opened and in default, the Earnest Money deposited by him shall be forfeited to the Railways.

1.1.16 TERMINATION OF CONTRACT

Notwithstanding the provisions under other paragraph the Railway Administration may at any time by a notice in writing summarily terminate the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events.

1) INSOLVENCY: The contractor being an individual or a firm any partner in the

contractor’s firm, shall at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation on composition under any law relating to insolvency for time being enforce or make any conveyance or assignment of his assets or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the partnership act.

2) LIQUIDATION: If the contractor being company shall pass a resolution or the court

shall make an order for the liquidation of its affairs or a receivers or a Manager on behalf of the debenture holders shall be appointed or circumstances shall have arisen which entitled the court or debenture holders or appoint a receiver or Manager.

3) BREACH OF CONTRACT : If the contractor commits any breach of this contract not

herein specifically provided always that such termination shall not prejudice any right or action or remedy which shall have accrued or accrue thereafter to the Railway Administration and provided also that the contractor shall be liable to the purchaser any extra expenditure which the Railway Administration is thereby put to incur loss but shall not be entitled to any gain on re-purchase, in the event of such termination without prejudice to the other right and remedies of the Railway Administration including the rights for forfeiting the security deposit. The Railway Administration shall be entitled to have the work or the undone portion thereof performed, executed and/or carried out by any other agency at the risk and cost of the contractor liable for reimbursement in the even or any loss on this account.

1.1.17 EXCEPTIONS.

Termination of contract will not arise in case of voluntary liquidation meant for alternation or reorganization provided the newly formed company takes over the full responsibilities and liabilities of the liquidated firm and it is acceptable to the Railway Administration.

Termination of contract under this Para will not arise in case of breaches or defects of a minor nature. The Rly. Administration shall be the sole authority to decide whether breaches and defects are of minor nature.

1.1.18 EARNEST MONEY.

Along with his tender, the tenderer should deposit cash with the Divisional Cashier, S.E.Railway, Adra (West Bengal). The amount as specified in Tender notice or below as earnest money. 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 2% of the estimated tender value as indicated in the Tender Notice. This earnest money shall be applicable for all modes of tendering. THE EARNEST MONEY IN THE FORM OF BANK GUARANTEE BON DS SHALL NOT BE ACCEPTABLE .No PEMD IS ACCEPTABLE FOR THIS W ORK.

1.1.18.1 The earnest money shall be paid in cash or in any o f the following forms. i) Pay orders, Deposit receipt or Bank Demand Draft drawn in favour of

FA&CAO/S.E.RLY./GRC, Kolkata (W.B) OR in cash deposited with Divl.Cashier S.R.Rly./Adra chargeable to head of Allocation-DO’X’. No interest will be paid on the above EMD. These forms of earnest money could be either of the State Bank of India or of any of the Nationalized banks. No confirmatory advice from the Reserve Banks of India will be necessary.

ii) The documents as referred to above must be attached with the tender, without which the tender will not be considered and summarily rejected.

1.1.18.2 The Government Securities Stock Securities, Bearer bonds Promissory Notes, Cash

Certificate etc. shall not be accepted as earnest money. 1.1.18.3 No interest will be allowed or paid for earnest money cited above. The amount will be

refunded to the unsuccessful tenderer as soon as possible after the tender finally decided.

1.1.18.4 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 the stipulations on his part that after submitting his tender, he will not resile from his offer or modify his terms and conditions thereof in a manner not acceptable to the purchaser.

1.1.19 SECURITY DEPOSIT. 1.1.19.1 Unless other wise 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, FD etc. shall be accepted towards security deposit.

Security deposit shall be returned to the contractor after the expiry of the maintenance/guarantee period. The before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

1.1.19.2 The earnest money of the successful tenderer will be retained by the Railway as a

part of security for due fulfillment of the contract by the contractor. 1.1.19.3 The National plan load certificate, Government securities (Stock certificate, Bearer

bonds, Promissory notes, cash certificates) will not be accepted. 1.1.19.4 No cheque will be accepted towards Security Deposit, even if it is guaranteed by

the Bank. 1.1.19.5 Request for transfer of Security Deposit of any work even if the same is free of all

obligations will not be accepted for the purpose of security deposit of this case.

1.1.19.6 No interest will be allowed or paid; for the amount deposited towards security deposit.

1.1.19.7 As far as practicable tenders should in their own interest deposit security deposit

in Cash with Chief Cashier S.E.Railway, Adra to facilitate prompt refund of the deposited amount on fulfillment of the terms of the contract.

1.1.19.8 (a) The successful bidder should give a performance guarantee in the form of an

irrevocable bank guarantee amounting to 5% of the contract value. (b) The performance guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid up to expiry of the maintenance period. The agreement should normally be signed within 15(fifteen) days after the issue of LOA and Performance Guarantee should also be submitted within this time limit. (c) Performance Guarantee shall be released after physical completion of the work best on completion certificate issued by competent authority stating that the contractor has completed the work in all respect satisfactorily. (d) Wherever the contracts are rescinded, the security deposit should be forfeited and the performance guarantee shall be encashed and the balance work should be got done separately. (e) The balance work shall be got done independently without risk and cost of the original contractor. (f) The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV of a partnership firm, that every member/partner of such a firm would be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other JV/Partnership firm.

1.1.20 ADDITIONS AND ALTERATIONS Railway Administration may require modifications to be carried out on the works if

considered necessary either during the execution or after apart or whole of the installations are erected coming within the purview of the contract.

1.1.20.1 If any additional quantum of the works specified in the schedule becomes

necessary during the course of execution the contractor may be called upon to carry out such additional works to the extent of 25% of the original contract quantity at the same rates, terms and conditions.

1.1.21 SAFETY MEASURES The contractor or shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways. The contractor shall abide by all Railway regulations in force for the time being and ensure that the same are followed by his representatives. Agent or sub contractor or workmen,. He shall give due notice to his employees and workers about provisions to the Para. The contractor shall ensure that un-authorized careless or inadvertent operation of installed equipment, which may result in accident to staff and or damage of equipment, does not occur.

The Contractor shall indemnify and keep the Railway administration indemnified and harmless against all actions suits, claims demands, other charges or expenses arising in connection with any accidents, death or injury sustained by any person or persons within the Railway premises and any loss or damage to Railway property sustained due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective or whether such liability arising under the Workmen’s Compensation Act 1923 or Fatal Accidents Act or any other Act in force for the time being. 1.1.22 EXECUTION OF AGREEMENT

The contractor is required to execute a formal agreement in prescribe form with the

Railway Administration on the lines of the Tender Conditions and until a formal agreement is prepared and executed the acceptance of this tender shall constitute a binding contract between the Railway Administration and the Contractor in all respects.

1.1.23 RAILWAY PASSES – Deleted.

1.1.24 SPECIFIED RAILWAY STORES

Materials which are to be supplied by the Railways will be handed over to the contractor by Divl.Elect.Engineer(G)SER/ADRA or his authorised representative from his stores. The loading, handling and transportation of such materials to the work site and unloading of such materials at the work sites will be at his own cost.

All other materials as may be required to execute the work and to make the

installation complete in all respects according to the specification and schedule of work shall be supplied by the contractor and costs thereof included in the schedule of prices.

1.1.25 REFUND/FORFEITURE OF EARNEST MONEY

The Earnest Money including the amount taken as security deposit for the due

performance of the stipulation to keep the offer open till the date specified in the tender under clause 1.1.15 (i.e. Minimum validity of offer hereof shall be refunded to the unsuccessful tender (s) within a reasonable time after finalization of tender case. The earnest money deposited by the successful tender(s) shall be retained/adjusted towards the security deposit for the due and faithful fulfillment of the contract, but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the agreement start the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender.

1.1.26 COMMUNICATION TO BE IN WRITING

All notices, communications, reference and complaints made by the purchaser or his Engineer or the Engineer’s representative or the contractor inter concerning the works shall be in writing and no notice communications references or complaint not in writing shall be recognized.

The list of address to which correspondence and documents relating to be sent as

indicated in the tender papers.

1.1.27 SERVICE OF NOTICES ON CONTRACTORS

The Contractor shall furnish to the Engineer the name, designation, and address of his authorised agent and all complaints, notices, communications, and references shall be deemed to have been duly given to the contractor if delivered to the contractor or his authorised agent or left at or posted to the address so given and shall be deemed to have been so given in the case of posting on the day on which they would have reached such address in the ordinary course of post or on the day on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left. In the case of contract by partners, any change in the constitution of the firm shall be forth-with notified by the contractor to the Engineer. Important documents may be sent by Registered Post.

1.1.28 SUBLETTING OF CONTRACT

The contractor shall not assign or sublet contract or any part thereof or allow any

person to become interested therein in any manner what so ever without the special permission of the purchaser. Any breach of these conditions shall entitle the purchaser to rescind the contract under clause 62 of General Conditions of the Contract and also render the contractor liable for payment to the purchaser in respect of any loss or damage or ensuing from such cancellation.

1.1.29 APPROVAL OF SUB CONTRACTOR OR VENDORS

The name of all sub contractors proposed to be employed on execution of work or

any part thereof including manufacture of components shall be submitted by the contractor to the purchaser and got approved by him before the contractor enters into an agreement with the sub contractor or vendor for the purpose. The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub contractor and the purchaser and shall not relieve the contractor of any responsibility under the contract.

1.1.30 RETURN OF RELEASED MATERIALS TO THE PURCHASER. The released materials dismantled during the work shall be returned to Senior Section Engineer (Elect.) of that respective section where work would be executed. Contractor shall ensure that all materials i.e. conductor, insulators, G.I wire, Guy wire etc. as the case may be are properly accounted for. A report from Sr. SE's in this respect shall be obtained and submitted during final reconciliation.

1.1.31 CARRIAGE OF MATERIALS . No forwarding orders shall be issued by the purchaser for the transportation of contractor’s tools and plant, materials to be used at the site collecting from Railway electrical store by rail or by road to the work site which may be required for use in the works and the contractor shall pay full freight charges at Public Tariff/rates there for. 1.1.32 PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR.

The erection of all equipment and materials according to the specification will be done by the contractor at his cost. For this purpose, the contractor shall place and keep on the works at all times efficient and competent representatives to give necessary directions to his workmen and to see that they execute their work in sound and proper manner and shall employ only such supervisors, workmen and labourers in or about the execution of any of the works as are careful and skilled in their various trades and callings. The said representative shall be present at site during working hours and any written orders or instructions which the Engineer may give to the said representatives of the Contractor shall be deemed to have been duly given or communicated to the contractor.

The contractor shall furnish the name and address of his agent or representatives for the purpose of this clause. The contractor or his agent or representative will accompany the Engineer/s on inspection and/or proceed to their offices when ever called upon to do so.

The contractor shall at once remove from the works any representative permitted sub contractor., supervisor workmen or labourer who shall be objected to by the Engineer and he shall submit a correct return showing the names of all staff and workmen employed by him. In the even of the Engineer being of the opinion that the Contractor is not employed on the works a sufficient number of staff and work men as is necessary for the proper completion of the works within the time prescribed, the contractor shall forthwith on receiving intimation to this effect take on the additional number of staff and labour specified by the Engineer within seven days of being so required and failure on the part of the contractor to rescind the contract as per clause 62 (I) of General Conditions of Contract and Standard Specifications (G.C.C. of 1994) Vol.2. 1.1.33 PROVISION OF PAYMENT OF WAGES ACT.

The contractor shall comply with the provisions of payment of Wages Act 1936 as

amended up to date and the rules made thereunder in respect of all employees directly or through the petty contractors or sub contractors employed by him in the works. If in compliance with the terms of the contract, the contractor directly or through the petty contractor or sub contractors shall supply any labour to be used wholly or partly under the direct orders and control of the Engineer whether in connection with the work to be executed hereunder or otherwise for the purpose of the Engineer such labour shall never the less be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the contractor and Engineer may on failure of the contractor to repay such moneys to the Railway deduct the same from any moneys due to the contractor in terms of the contract. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether under this contract or any other. All moneys paid/payable by the Railway by way of compensation of the aforesaid or for cost of expenses in connection with any claim thereto) and the decision of the Engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor.

1.1.34 WAGES TO LABOUR

The contractor shall be responsible to ensure compliance with the provisions of the MINIMUM Wages Act, 1948, as modified up to date (therein after referred to as the said Act) and the rules made thereunder in respect of any employee employed by him directly or through petty contractor, sub contractors for the purpose of carrying out this contract.

If, in compliance with the terms of the contract, the contractor directly or through

petty contractors or sub contractor supplied any labour to be used, wholly or partly under the direct orders and control of the purchaser whether in connection with any work being executed by the contractor or otherwise for the purpose of the purchaser such labour shall for the purpose of this clause shall be deemed to be persons employed by the contractor.

If any moneys shall as a result of any claim or application made under the said Act be directed to be paid by the purchaser such moneys shall be deemed to be money payable to the purchaser by the contractor and on failure by the contractor to repay the purchaser and moneys paid by it as aforesaid within seven days after the same shall have been demanded the purchaser shall be entitled to recover the same from any moneys due or accruing to the contractor under this or any other contract with the purchaser. 1.1.35 POWER OF MODIFICATION TO CONTRACT

The engineer on behalf of the purchaser shall be entitled by order in writing to

enlarge or extend, diminish or reduced the works or make any alternations in their design, character, position site quantities, dimensions or in the method of their execution or in the combination and use of materials for the execution or thereof or to order any additional works to be done or any work not to be done and the contractor will not be entitled to any compensation for any increase/reduction in the quantities of work but will be paid only for the actual amount of work done and for approved materials supplied against a specific order.

1.1.35.1 Unless otherwise specified in the special conditions of the contract., the

accepted variation in quantity for each individual item of the contract would be up to +25% of the quantity originally contracted. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any compensation what so ever up to the limit of +25% variation in quantity of individual item or works.

1.1.36 COMPLIANCE TO ENGINEER’S INSTRUCTIONS . (I) The Engineer shall direct the order in which the several parts of the work shall be executed and the contractor shall execute without delay all orders given by the Engineer from time to time but the contractor shall not be relieved thereby from responsibility for the due performance of the works in all respects.

(ii) ALTERATIONS TO BE AUTHORISED. No alterations in or addition to commission of abandonment of any part of the works shall be deemed authorized except under instructions from the Engineer and the contractor shall be responsible to obtain such instructions in each and every case in writing. (iii) EXTRA WORK : Should works over and above those included in the contract requires, to be executed at the site, the contractor shall have no right to be entrusted with the excecution of such works which may be carried out by another contractor or contractors or by other means at the option of the purchaser.

(iv) SEPARATE CONTRACTS IN CONNECTION WITH WORK S : The purchaser shall have the right to let other contracts in connection with the works. The contractor shall afford other contractors reasonable opportunity for the shortage of their materials and the execution of their works and shall properly connect and co-ordinate his work with their. If any part of the contractor’s work depends for proper execution or results upon the work of another contractor, the contractor shall inspect and accordingly report to the Engineer any defects in such work that render it un-suitable for such proper execution and results The contractor’s failure so to inspect and report shall constitute an acceptance of the other contractor’s work as fit ;and proper for the reception of his work except as to defects which may develop in the other contractor’s work after the execution of his work.

1.1.37 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 manner in question, dispute or difference on any account, or as to the with-holding 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 with in a reasonable time, then and in any such case, save the EXCEPTED MATTERS referred to in clause 63 of these conditions, GCC 94, the contractor, after 90 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.

1.1.37.1 The demand for arbitration shall specify the matters which are in question, dispute or

difference. Only such dispute(s) or difference(s) in respect of which the demand has been made shall be referred to Arbitration and other matters shall not be included in the reference.

1.1.37.2 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 Government 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 disregard and released of all liabilities under the contract in respect of these claims.

1.1.38 INTERPRETATIONS

CONTRACT means the contract resulting the acceptance by the Purchaser of this Tender either in whole or in part. CONTRACTOR means the successful tenderer i.e., the tenderer whose tender has been acceptance either in whole or in part. CONTRACTOR’S AGENT shall mean the person or persons authorised under a duly executed power of attorney to take all actions relating to the work as could be taken by the contractor himself. In the case of a firm of a contractor, the agent shall have the same powers as that of the Managing Director of the Firm. CONTRACTOR’s REPRESENTATIVE shall mean a person in supervisory capacity who shall be so declared by the Contractor and who shall be authorised under duly executed power of attorney to receive materials issued by the Purchaser to the Contractor for the work. He shall be responsible for proper execution of work at each or all placed and shall take order from Purchasers Engineers and carryout the same.

TENDERER means and includes any firm of Engineers or Contractors or any company or body corporate or otherwise who submit the tender which has been invited. DRM/SER/Adra mean the officer who is in charge of the Adra division and who is delegated with all powers of the General Manager so far as he Adra division is concerned. PURCHASER mean the President of India, Acting through his accredited Officers or any of them i.e. DRM/SERly/Adra, DEE(G), S.E.Railway, Adra. SITE mean the areas to be taken up by the permanent work together with any other area, or areas as shall be determined by the purchaser’s engineer, which may be placed at the disposal of the contractor for the purpose of the contract and also such area or areas used for store yards, work yards or workshop in proximity of the works as the Purchaser’s Engineers may have authorised as an extension of the site, irrespective of the terms and conditions under which they are occupied by the Contractor. PERFORMANCE GUARANTEE (PG) : The successful bidder shall have to submit a performance guarantee (PG) within 30 days from the date of issue of letter of acceptance (LOA). Extension of time for submission of PG beyond 30 days & up to 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, a panel interest of 15% per annum shall be charged for the delay beyond 30 days i.e. from 31st day after the date of issue of LOA. In case the contractor failed 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.

PART III

1.2.0 CONDITIONS OF PRICES AND PAYMENT TERMS.

1.2.1 SCOPE.

This Chapter deals with prices to be paid for Supply and Erection including Testing Commissioning of various items or work or for supplies and other amounts payable in accordance with the accepted schedules of prices and rates and terms and conditions of payment mentioned herein.

This is a Composite works contract. The total prices for the completed items of work are the actual prices to be paid to the contractor as per the terms and conditions of the contract.

1.2.2 UNIT PRICE. 1.2.2.1 The price in percentage quoted by the Tenderer and accepted by the Purchaser

shall hold good till the completion of the work and no additional individual claims will be admissible on account of fluctuation in market rates etc.

1.2.2.2 The price in percentage quoted by the Tenderer shall include the cost of materials

and erection, testing and commissioning including all incidental charges like freight transport, loading/unloading handling of materials lifting, descent insurance coverage of bankers charges, Indemnity Bond Stamp, Sales tax, Excise duty, Octroi and other taxes and duties etc.

1.2.2.3 The price in percentage quoted by the tenderer shall include the cost of materials

including all incidental charges mentioned in Para 1..2.2.2 above in case of specifically directed by Railway for supply only.

1.2.2.4 The price in percentage quoted by the tenderer shall include the cost of erection,

testing and commissioning including all incidental charges in case of the materials supplied by the purchaser as indicated in the schedule.

1.2.3 EXPLANATORY NOTES .

Explanatory Notes for various items of work included in the schedule are given in Part 1 of the tender papers. Tenderers should carefully read and include all the cost of materials for erection, testing and commissioning as clearly explained in the explanatory notes.

1.2.4 TERMS OF PAYMENT.

(a) Payment for the duties performed during the month shall be made every month. A Measurement book shall be maintained by the concerned Rly. Depot in-charge for certifying the bill of the contractors. A Register covering details of hours of the train and No. of attendants provided by the contractor and Rly authority.

(b) During payment of contractor’s bill the following document is required for passing of bill

:-Date cum train wise staff (ACCA) Attendance register should be maintained by the agency and it should be signed by concern supervisor i.e. Rly. Authority as nominated by DEE/G/Adra countersigned DEE(G)/ADA and same should be submitted by agency at the time of billing.

1.2.5 PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES . The price in percentage quoted by the tenderer and accepted by the Railway shall be

firm. In case of mutual agreement between the tenderer and the Railway any statutory variation of taxes and duties are payable shall be applicable for both upward and downward revision of levies and shall be on clear terms and conditions claim against STATUTORY VARIATION in taxes and duties if any, shall only be payable by the Railway along with the final payment subject to claim for reimbursement for additional payment to the contractor are accepted on production of the original requisite documents. However, the purchaser will not be responsible for the payment of duties and taxes made by the tenderer under misapprehension of law.

1.2.6 FINAL SETTLEMENT AND REFUND OF SECURITY DEP OSIT.

On expiry of the guarantee period and issue of the Certificate for final acceptance of the entire installation provided all the dues payable by the contractor to the Railway have been duly paid or otherwise made good by the contractor, the security deposit will be returned to the contractor on production and surrender of the relative original receipt granted by the Railway in case it was paid in cash, and where the security deposit is in the form of Bank Guarantee, the same will be returned to the contractor duly discharges.The security deposit shall, however, be liable to be forfeited in case of any breach by the contractor of any of the conditions of the contract for non-completion of the full contract without prejudice to other rights and remedies available to the Railway whether specifically provided for herein or otherwise.

1.2.7 POST PAYMENT AUDIT.

It is an agreed terms of the contract that the Railways reserves to its right to carry out a Post-payment audit and or technical examination of the works and the final bill, including all supporting vouchers, abstract, etc, and to make a claim on the contract for the refund of any excess amount paid to him, if as a result of such examination any over payment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract.

1.2.8 MEASUREMENT.

Payment for the work shall be made in accordance with the specifications approved designs and drawings and measured in relevant units. The measurement will be made generally in accordance with the Tender schedule in conformity with the explanatory note of the tender schedule, specification and standard engineering practices.

1.2.9 MEASUREMENT OF WORK.

The contractor shall be paid for the works at the rates in the accepted schedule of rates and on the measurement taken by the Engineer or the Engineer’s representative in accordance with the rules prescribed for the purpose by the Railway.

(i) The quantities of items the unit for which it is prevalent accepted schedule of rates

shall be recorded. (ii) Such measurement will be taken of the work in progress from time to time and at such

intervals as in the opinion of the Engineer/Engineer’s representative shall be proper having regard to the progress of works. The date and time on which the measurements are to be made shall be communicated to the contractor who shall be present at the site and shall sign the results of the measurements (which shall also be signed by the Railways Engineer or the Engineer’s representative) recorded in the official measurement book as an acknowledgement or his acceptance of the accuracy of the measurements.

(iii) The measurement will be made generally in accordance with standard engineering practice and in conformity with the explanatory Notes for schedule.

REVISED MODEL FORM OF BANK GURANTEE BOND

GURANTEE BOND

1. In consideration of president of India (herein after called “ the government”) having agreed to exempt ___________ (hereinafter called” the said contractor’s” from the demand under the terms and conditions of an Agreement dated ___________ made between _______ and ____________ for _____________ (hereinafter called” the said Agreement”), of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a bank Guarantee for Rs._________(Rupees________________ only) we, _________ (hereinafter referred to as “the bank”) ( indicate the name of the bank) at the request of ___________ (contractor’s) do hereby undertake to pay to the Government an amount not exceeding Rs. _________ against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor’s of any of the terms or conditions contained in the said Agreement.

2. We ___________________ ( indicate the name of the bank) do hereby undertake

to pay the amounts due and payable under this guarantee without any demur , merely of a demand from the Government stating that the amount/claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of breach by the said contractor’s of any of the terms or conditions contained in the said Agreement or by reason of the contractor’s failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.________________.

3. We under take to pay to the Government any money so demanded

notwithstanding any dispute or disputes raised by the contractor’s/supplier’s in any suite or proceeding pending before any court or Tribunal relating thereto our liability under this present being absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our

liability for payment there under and the contractor’s/suppliers shall have no claim against us for making such payment.

4. We___________________ (indicate the name of bank) further agree that the

guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till _______ Office/Department /Ministry of certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said Contractor’s and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the _______________ we shall be discharged from all liability under this guarantee thereafter.

5. We, _______________________ (indicate the name of bank) further agree with

the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor’s from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said Contractor’s and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor’s or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said Contractor’s or any such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of

the Bank or the Contractor’s/Supplier’s. 7. We, __________________________ (indicate the name of bank) lastly undertake

not to revoke this guarantee during its currency except with the previous consent of the Government in writing.

Dated the __________ day of _______20 For ________________________________ (indicate the name of bank)

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