TENDER DOCUMENT JULY · PDF file · 2015-10-03konkan railway corporation limited (a government of india undertaking) tender document july 2014 supply of manpower for house keeping

KONKAN RAILWAY CORPORATION LIMITED (A Government of India Undertaking)

TENDER DOCUMENT

JULY 2014

SUPPLY OF MANPOWER FOR HOUSE KEEPING AND UPKEEPING /

MAINTENANCE OF KRCL REST HOUSES AT JAMMU IN CONNECT ION WITH

THE CONSTRUCTION OF KATRA-DHARAM SECTION OF USBRL PROJECT.

CORPORATE/REGISTERED OFFICE KONKAN RAILWAY CORPORATION LTD, BELAPUR BHAVAN, SECTOR 11, CBD – BELAPUR, NAVI MUMBAI (MAHARASHTRA) 400 614

HEAD OFFICE KONKAN RAILWAY CORPORATION LTD, HEAD OFFICE USBRL PROJECT, SATYAM COMPLEX, MARBLE MARKET, GREATER KAILASH, P.O. SAINIK COLONY, JAMMU – 180 011 (J&K).

1 Konkan Railway Corporation Ltd. Signature of Tenderer

TABLE OF CONTENT

Sl. No. Description Page No.

1 Table of content 1 - 3

2 Tender Document Issue Sheet 4 – 5

3 Notice Inviting Tender (NIT) 6 – 7

4 General Information 8 – 9

5 Tender Form (Form of Bid) 10 - 12

6 Instructions to Tenderer/s 13

(A) GENERAL 14

1.0 Introduction 14

2.0 Brief Scope of work 14

3.0 Brief about Bid 14

4.0 Eligible Tenderer/s 14

5.0 Availability of Bid Documents 14 - 15

6.0 One Bid per Tenderer 15

7.0 Cost of Bidding 15

(B) BIDDING DOCUMENTS 15

8.0 Content of Bidding Documents 15 - 16

9.0 Amendment of Tender Documents 16

(C) PREPARATION OF BID 16

10.0 Language of Bid 16

11.0 Bid Prices 17

12.0 Currencies of bid and payment 17

13.0 Period of validity of the tender 17

14.0 Earnest Money Deposit (EMD) 17 - 18

15.0 Forfeiture of Earnest Money 18

16.0 Return of Earnest Money 18

17.0 Income Tax 18

18.0 Identity of Tenderer 19

19.0 Joint Venture/Consortium 19

20.0 Statutory formalities 19


Sl. No. Description

Page No.

(D) SUBMISSION OF BIDS 19

21.0 Signing of all Bid papers and Completing Bill of Quantities 19

22.0 Understanding and Care in Submission of tender 19 - 20

23.0 Documents to be submitted by tenderer/s 20 - 21

24.0 Submission of Tender 21

25.0 Deadline for submission of tender 21-22

(E) BID OPENING AND EVALUATION

26.0 Opening of the tender 22

27.0 Withdrawal of tender 22

28.0 Preliminary Examination of Bids 22

29.0 Clarification of the Bids 22

30.0 Negotiations 22-23

31.0 Disqualification 23

32.0 Canvassing 23

33.0 Right of KRCL to deal with Tenderers 23-24

(F) AWARD OF CONTRACT 24

34.0 Award of Contract 24

35.0 Execution of Contract Agreement 24

36.0 Form of Contract Documents 24

7 GENERAL CONDITIONS OF CONTRACT 25 –26

8 DELIVERABLES AND SERVICES 27

1.0 Area Covered under House Keeping Services 28

2.0 Detailed Scope of Work 28

3.0 Duty list of cook 28-29

4.0 Duty list of helper 29

5.0 Duty List of Housekeeper 30

6.0 Duty list of Gardener 30-31

9 SPECIAL CONDITIONS OF CONTRACT – PART A 32

1.0 Definitions 33-34

2.0 Payment to the contractor 34

3.0 Liabilities of the Contractor 34-35


Sl. No. Description

Page No.

4.0 Languages and Law 35

5.0 Change of address of Contractor 35

6.0 Delay and Extension of Contract Period 35-36

7.0 Publicity 36

8.0 Official Secrets Act 1923 36

9.0 Dissolution of Contractor Firm 36

10.0 Priority of Documents and specifications 36-37

11.0 Insurance 37

12.0 Performance Guarantee 37

13.0 Security Deposit 38

14.0 Execution Time Limit 38

15.0 Price Variation 38

16.0 Revision of wages 38

17.0 Variation in Quantities 38

18.0 Termination of Contract 38

19.0 Contractor to indemnify Corporation 39

20.0 Claims on account of violation of Labour laws 39

21.0 Employees Pension Scheme 39

22.0 Settlement through Court 40

10 SPECIAL CONDITIONS OF CONTRACT – PART- B 41-44

11 APPENDICES 45

List of Appendices 46

Appendix – 1 Tenderer’s Information 47

Appendix – 2 Undertaking by Tenderer 48

Appendix – 3 Form of Agreement 49-50

Appendix – 4 Affidavit by tenderer in case of downloading the tender from website 51

Appendix – 5 List of Personnel likely to be deployed 52

Appendix – 6 Performance Bank Guarantee 53-54

Appendix – 7 Payment Slip 55

Appendix – 8 Proforma for Cooks/Helper/Housekeeper/Gardner to be submitted before joining the duties. 56

12 SCHEDULE OF ITEMS, RATES AND QUANTITIES 57-59


Tender Document Issue Sheet


KONKAN RAILWAY CORPORATION LIMITED (A GOVERNMENT OF INDIA UNDERTAKING)

TENDER DOCUMENT ISSUE SHEET

NAME OF WORK : Supply of manpower for Housekeeping and Upkeeping/

Maintenance of KRCL Rest Houses at Jammu in

connection with the Construction of Katra-Dharam section

of USBRL Project. TENDER NOTICE NO. :KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dated

28.07.2014 DATE OF ISSUE OF : TENDER DOCUMENT Sl. NO. OF TENDER FORM : ISSUED TO (NAME AND : ADDRESS OF TENDERER) DD NO. AND ISSUING BANK : LAST DATE OF RECEIPT : 03.09.2014 at up to 15.00 Hrs. OF TENDER DOCUMENT SIGNATURE OF KRCL OFFICIAL:


NOTICE INVITING TENDER (NIT)


NOTICE INVITING TENDER (OPEN TENDER)

KONKAN RAILWAY CORPORATION LTD. (A Government of India Undertaking)

Head Office of Udhampur-Srinagar-Baramulla Rail Link Project, Satyam Complex, Marble Market,

Greater Kailash, P.O. Sainik Colony, Jammu -180011, Jammu & Kashmir Tel: +91-191 – 2484778, Tele Fax: +91-191 – 2484859

TENDER NOTICE NO. : KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dated 28.07.2014.

OPEN TENDER Sealed tenders in the prescribed format are invited from reputed agencies for supply of manpower for Housekeeping and Upkeeping/ Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRL Project in State of Jammu & Kashmir, India.

1. Name of work: Supply of manpower for Housekeeping and Upkeeping/ Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRL Project.

2. Approx. Cost of the work: Rs 36.46 Lacs

3. Cost of Tender Form: i) For sale from office:- Demand Draft of Rs.3,375 /- (Rupees Three Thousand Three Hundred and Seventy Five only) drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu. ii) Rs. 500/- (Rupees Five Hundred Only) extra for sending tender document by post/courier in India.

iii) For downloaded from website:- The cost of tender document (Rs 3,375/-) downloaded from KRCL website www.konkanrailway.com will have to be deposited along with tender document in the form of Demand Draft drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

4. Address for purchase/depositing of Tender Form:

Office of the Executive Director (Projects), Konkan Railway Corporation Ltd., Head Office USBRL Project , Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, , Jammu -180011, Jammu & Kashmir

Tel: +91-191 – 2484778, Tele Fax: +91-191 – 2484859.

5. Earnest Money: Rs. 72,900/- 6. Completion period of the work : 12 Months 7. Submission of Tender : 03.09.2014 up to 15.00 hrs 8. Opening of Tender : 03.09.2014 @ 15.30 hrs 9. Joint Venture (JV)/Consortium : Not Permitted For further details please visit www.konkanrailway.com The path for the tender document: KRCL web →Tenders → Tenders → Live Tender → Department→ Civil Engineering → Region→ J&K Region

Date : 28.07.2014 Executive Director/Projects Place : Jammu (J&K) For Konkan Railway Corporation Ltd


General Information


GENERAL INFORMATION

Tender Notice No. KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dated 28.07.2014

Name of the work Supply of manpower for Housekeeping and Upkeeping/Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRL Project.

a) Approximate cost Rs 36.46 Lakhs

b) Completion period 12 months from the date of issue of letter of acceptance

c) Earnest Money Rs.72,900/- (Rupees Seventy Two Thousand & Nine Hundred Only) valid for atleast 120 days from date of opening of tender.

d) Date and time of issue of tenders

Between 9:15 hrs to 17:45 hrs on all working days from 30.07.2014 to 02.09.2014.

e) Cost of Tender Form (Non-refundable)

i) For sale from office: Demand Draft Rs. 3,375 /- (Rupees Three Thousand Three Hundred and Seventy Five only) drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

ii) Rs. 500/- (Rupees Five Hundred Only) extra for sending tender document by post/courier in India.

iii) For downloaded from website: The cost of tender document (Rs. 3,375/- downloaded from KRCL website www.konkanrailway.com will have to be deposited along with tender document in the form of Demand Draft drawn in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. Payable at Jammu.

f) Date and time of submission of Tender

Before 15.00 hrs. of 03.09.2014

g) Date and time of opening of Tenders

15.30 hrs. of 03.09.2014

h) Venue for item (d), (f) & (g) above.

Office of the Executive Director (Projects), Konkan Railway Corporation Ltd., Head Office USBRL Project, Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony , Jammu -180011, Jammu & Kashmir, Tel: +91-191 – 2484778, Tele Fax: +91-191 – 2484859

i) Validity of Offer 90 days from date of opening of tender.


Tender Form (Form of Bid)


KONKAN RAILWAY CORPORATION LIMITED

TENDER FORM (FORM OF BID)

The Executive Director/Projects, Konkan Railway Corporation Ltd., Head Office of Udhampur-Srinagar-Baramulla Rail Link Project, Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu -180011, Jammu & Kashmir. Tel: +91-191 – 2484778, Tele Fax: +91-191 – 2484859.

I/We ______________________________________________________ [Name and address of the tenderer] have read the various terms and conditions of the tender documents attached herewith and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 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 works relating to Tender No. KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dated 28.07.2014. Name of work: Supply of manpower for Housekeeping and Upkeeping/Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRL Project. I/We hereby bind myself/ourselves to complete the works within the time schedule specified in the conditions of tender. I/We also hereby agree to abide by the provisions contained in the Northern Railway Engg. Deptt. Works Hand Book 1999 Part I & II so far as they are not in conflict with subject to the terms, conditions by the Corporation and to carry out the work according to specifications for materials and works laid down by the Corporation for the present Contract.

I/We undertake to abide by the policies of the Govt. of India issued from time to time as may be applicable to the service contract. I/We hereby declare that I/We shall deploy required personnel for various categories as mentioned in tender document to the entire satisfaction of Engineer-in-Charge of the Konkan Railway Corporation Limited.

A sum of Rs.72,900/- (Rupees Seventy Two Thousand & Nine Hu ndred Only) valid for a period of 120 days is herewith forwarded as Earnest Money Deposit in the form of _________________. The full value of Earnest Money Deposit (EMD) shall stand forfeited without prejudice to any rights or remedies the Konkan Railway Corporation Limited may be entitled to if: I/We fail to keep the offer open for a period of 90 (Ninety) days from the date fixed for opening the tender or resile from my/our offer or modify the terms and conditions thereof in a manner not acceptable to the Konkan Railway Corporation Limited.

OR

I/We do not execute the contract agreement documents within Thirty days after the receipt of acceptance letter/letter of intent issued by Konkan Railway Corporation Limited that such documents are ready.

OR


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

OR

In accordance with any other provision of clause 15 of Instructions to Tenderers.

Until a formal contract agreement is prepared and executed, Letter of acceptance issued for this tender constitutes binding contract between me/us subject to modifications as may be mutually agreed to between me/us and indicated in the letter of acceptance of my/our offer for this work.

SIGNATURE OF TENDERER(S)

DATE:

ADDRESS:

SEAL:

SIGNATURE OF WITNESSES

1.

2.


Instructions to Tenderers

Instructions to Tenderer/s



INSTRUCTIONS TO TENDERER/S

A. GENERAL

1.0 Introduction: Konkan Railway Corporation Ltd (KRCL) is a Central Public Sector Enterprise under the Ministry of Railways. Hereinafter, KRCL may also be referred as Corporation or Employer. KRCL has registered office and Corporate Office at CBD Belapur, Navi Mumbai. KRCL’s Head office for the Udhampur Srinagar Baramulla Rail Link (USBRL) project is located at Satyam Complex, Marble Market ,Greater Kailash, P.O. Sainik Colony, Jammu, and project office is at Reasi in State of J&K

2.0 Brief Scope of work:

2.1 Supply of manpower for Housekeeping and Up-keeping/ Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRL Project.

The scope given is only indicative. For more details please see clause 2.0 of Deliverables and Services.

3.0 Brief about Bid:

3.1 General: The Tenderer/s shall submit the bid in full compliance of the requirements stipulated in the Tender Document.

3.2 Period of Contract: Twelve Months from the date of issue of Letter of Acceptance.

3.3 The clause numbers cross referred to in the text of the clauses, unless

otherwise indicated shall mean the clauses of the same chapter.

4.0 Eligible Tenderer/s The invitation for bids is open for all Tenderer’s having valid PF registration and

license issued by Regional Labour Commissioner as defined in Clause No. 20 and who are not disqualified by the following clauses 4.1 to 4.2.

4.1 Tenderer, who is under a declaration of ineligibility for corrupt and fraudulent practices, shall not be eligible to bid.

4.2 Tenderer/s who are not eligible as per Govt. of India directives/ policies/circulars/guidelines etc.

5.0 Availability of Bid Documents

5.1 The tender documents will be issued from Konkan Railway Corporation Ltd., Head Office of Udhampur-Srinagar-Baramulla Rail Link Project, Satyam Complex, Marble Market, Greater Kailash ,P.O. Sainik Colony, Jammu, J&K from 9:15 hours to 17:45 hours on all working days from 30.07.2014 to 02.09.2014 on receipt of a request letter on the firm‘s letter head duly authorizing and attesting the signature of the person to whom the same is to be delivered. The said request letter should be accompanied with a Demand Draft of Rs.3,750/- (Rupees Three Thousand Seven Hundred and Fifty only) drawn by the Tenderer in favour of Dy. FA & CAO, Konkan Railway Corporation Limited payable at Jammu, J&K, towards the cost of the tender document, which shall not be refunded. An amount of Rs. 500/- (Rs. Five Hundred Only) shall be charged extra if request is made to send the tender document by post/courier. Konkan Railway Corporation Limited shall not be held responsible for postal/courier delay, if any, in the delivery of the documents or non-receipt of the same.



5.2 Tender documents are also available on Konkan Railway web site www.konkanrailway.com and the same can be downloaded and used as tender document for submitting the offer. The cost of tender documents as indicated in clause 5.1 above will have to be deposited by the tenderer/s in the form of a Demand Draft drawn by the Tenderer in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd. payable at Jammu along with tender document. This amount should not be included in the Earnest Money. The Demand Draft should be submitted in the separate envelope duly super scribing “ Demand Draft towards cost of Tender Documents” . In case, tender is not accompanied with the cost of the tender documents as detailed above, tender will be summarily rejected.

5.3 Tenderer/s can download tender documents at his/their own risk and cost, for the purpose of perusal, as well as, for using the same as tender document for submitting their offer. Master copy of the tender document will be available in the Office of Executive Director (Projects), Konkan Railway Corporation Ltd., Head Office of USBRL Project, Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu, J&K. In case of any discrepancy found between the tender documents downloaded from internet and the master copy, the later shall prevail and will be binding on the tenderer/s. No claim on this account will be entertained.

5.4 It is the responsibility of all the tenderer/s to check for any corrections or any

modifications published subsequently on website and the same shall be taken into account while submitting the tender. Tenderer shall download corrigendum (if any), print it out, sign and attach it with the main tender document.

6.0 One bid per Tenderer

6.1 Each Tenderer shall submit only one bid for a tender.

7.0 Cost of Bidding

7.1 The Tenderer shall bear all costs associated with the preparation and submission of the bid and the Corporation will in no case be responsible or liable for these costs regardless of the conduct or the outcome of the bidding process.

B. BIDDING DOCUMENTS

8.0 Content of Bidding Documents

8.1 The bidding documents include the following:

• Table of contents • Tender Document Issue Sheet • Notice Inviting Tender • General Information • Tender Form (Form of Bid) • Instructions to tenderer/s • General Conditions of Contract • Deliverables and Services • Special Conditions of Contract Part A • Special Conditions of Contract Part B • Appendices 1 to 8 • Schedule of Items, Rates and Quantities (Bill of Quantities)



8.2 The tenderer is expected to examine all instructions, terms, conditions, forms, specifications and other information in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the tenderers risk and such a bid shall be liable for rejection.

8.3 Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with General Conditions of Contract, 1999 of Northern Railway wherein the term ‘Railway” shall mean “Konkan Railway Corporation Limited” and the term “General Manager” shall mean “Chairman and Managing Director” of Konkan Railway Corporation Ltd.

8.4 Copies of the General Conditions of Contract, 1999 of Northern Railway can be

obtained from the Office of the Executive Director (Projects), Konkan Railway Corporation Ltd., Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu -180 011, Jammu & Kashmir, Tel: 0191 – 2484778, Tele Fax: 0191 – 2484859, on payment as under:

i)

N. Railway, Works Hand Book Part I (Regulations for tenders and Contracts) & Part II (General Conditions of Contract), 1999

Rs.100/-

9.0 Amendment of Tender Documents

9.1 At any time prior to the deadline for submission of bids, Corporation may for any reason whether at its own initiative or in response to any request by any prospective Tenderer, amend the bidding documents by issuing addendum or/and Corrigendum, which shall become an integral part of the Tender documents. The amendment shall be advised to all the known prospective Tenderer/s. The last corrigendum if any, shall be issued, 7 (seven) days before the last date of submission of the tender or extended date of submission of tender. All tenderers especially the tenderer/s downloading the tender documents from website shall make an endeavor to recheck and track down the corrigendum’s if any upto 7 days prior to the last date of submission of tenders. No claim of lack of intimation or knowledge of the corrigendum will be entertained. The tenderer/s shall take due care in submission.

9.2 The following terms as and where referred to in this tender document shall

mean the same a. Addendum slip b. Correction slip c. Amendment slip d. Addendum slip and Corrigendum slip

These slips are issued in consecutive serial numbers.

C. PREPARATION OF BID

10.0 Language of Bid

10.1 The bid prepared by the Tenderer and all documents related to the bid shall be written in English language.



11.0 Bid prices

11.1 The contract shall be for the whole services to be provided as described in clause 2.0 and further elaborated in Deliverables and services based on the Bill of Quantities submitted by the Tenderer.

11.2 All duties, taxes and other levies payable by the contractor (except WCT applicable under GST Act of J&K) under the contract, or for any other cause shall be included in the quoted percentage.

11.3 WCT, if applicable under GST Act of J&K, shall be borne by KRCL.

11.4 Contractor's Contribution of EPF & ESI payable by the contactor to the deployed manpower shall be reimbursed by KRCL after production of receipts/vouchers from the concerned State/Central authorities.

11.5 The tenderer/s shall quote single percentage rate above for the schedule, in figures as well as in words, in the space provided in schedule.

11.6 Along with percentage rate quoted, the tenderer should also quote only

“Above” over the estimated cost indicated in the schedule, failing which the offer shall be summarily rejected.

11.7 The percentage quoted in the schedule should include all cost associated with

the contract and everything related with the execution of the contract.

11.8 Corrections, if any, shall be made by crossing out the wrong entry, rewriting

and signing with date.

11.9 The percentage rate should be quoted in figures as well as in words. If there is a variation between the percentage rate quoted in figures and in words, the percentage rate quoted in 'words' shall be taken as correct.

11.10 If required by KRCL, after opening of the tender, tenderer/s shall submit the rate analysis in support of the percentage rate quoted by him/them.

12.0 Currencies of bid and payment

12.1 The unit rates and the prices shall be quoted by the Tenderer entirely in Indian Rupees.

13.0 Period of validity of the tender

13.1 The validity of the offer shall be 90 days (Ninety Days) from the date of opening of the tender.

13.2 Notwithstanding the above clause, Corporation may solicit the tenderers consent to an extension of the validity period of the tender. The request and the response shall be made in writing.

14.0 Earnest Money Deposit (EMD)

14.1 The Tenderer shall be required to deposit an amount of Rs.72,900/- (Rupees

Seventy Two Thousand Nine Hundred Only) towards earnest money with the tender for the due performance with the stipulation to keep the offer open till such date/period as specified in the tender, under the conditions of tender.

14.2 The tenderer must furnish the Earnest Money as indicated in Notice Inviting Tender for the work as specified. Tender received without Earnest Money in the prescribed form and value as specified in the t ender document shall be summarily rejected.



14.3 The Earnest Money of the requisite amount shall be submitted in any of the following forms (Clause No. 14.3.1) 14.3.1 Deposit receipts, pay orders or de mand drafts executed by State

Bank of India or any of the Nationalized Banks or by a Scheduled Bank listed by Reserve Bank of India.

14.3.2 The earnest money of the requisite amount is required to be submitted in favour of Dy. FA & CAO, Konkan Railway Corporation Ltd., payable at Jammu.

14.3.3 Deposit Receipt instruments shall be valid for at least 120 (One

Hundred Twenty) days from the date of opening the tender.

14.4 Any request for recovery of EMD for the present tender from outstanding bills shall not, under any circumstances, be entertained. Also, Earnest Money submitted for any other tender(s) in KRCL shall not be adjusted or entertained against present tender.

14.5 Konkan Railway Corporation Limited shall not be responsible for depreciation

that may happen to the earnest money while in Corporation's possession nor will be liable to pay interest thereon. However, interest which accrues on EMD instruments such as Deposit Receipts shall not be retained by Corporation.

15.0 Forfeiture of Earnest Money

15.1 The Earnest Money of the tenderer is liable to be forfeited if:

i) the tenderer withdraws his tender during the period of tender validity

specified in Clause No.13.0 of Instruction to Tenderers or extended validity period as agreed to in writing. It shall be understood that the tender documents have been sold/issued to the tenderer and the tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Corporation, or

ii) the tenderer has furnished misleading/wrong or fraudulent information/documents, or

iii) the successful tenderer fails to sign the Contract Agreement in accordance with the terms of the tender, or

iv) the successful tenderer fails to furnish Performance Guarantee in accordance with the terms of the tender, or

v) the successful tenderer fails to commence the work within the time period stipulated in the tender(Tender Form Page No. 12).

16.0 Return of Earnest Money

16.1 The Earnest Money of the unsuccessful tenderers shall be returned as promptly as possible.

16.2 The Earnest Money of the successful tenderer shall be retained by KRCL and adjusted as a part of Security deposit.

17.0 Income Tax

In terms of new section 194 C inserted by the Finance Act 1972 in the Income Tax Act 1961, KRCL shall at the time of arranging payments to the contractor, be entitled to deduct income tax at source. The deductions towards income tax to be made at source from the payments due to the non-residents shall continue to be governed by Section 195 of the Income Tax Act, 1961.



18.0 Identity of tenderer

18.1 Tenderer/s should specifically and fully disclose in their respective tenders, their respective constitutions and submit along with tender, attested Photostat copies of documents like partnership deed, Articles and Memorandum of Association, Certificate of incorporation etc. If a tenderer is a Sole Proprietary firm, HUF, it should be specifically mentioned so. In case of partnership firm and limited company, it should be stated whether the same is registered under the Indian Partnership Act 1932 or Company Act 1956 respectively. The name and address of all the partners of the firm should be fully disclosed. Konkan Railway Corporation Limited shall always have the liberty to demand production of the original of the said documents and also to make such further and other requisitions regarding the constitution of the tenderer as may be considered necessary.

19.0 Joint Venture/Consortium

19.1 Joint Venture/Consortium is not permitted. 20.0 Statutory formalities:

20.1 The contractor shall have the following valid registration and details of the

same be provided in the bid:-

a) P. F Registration

b) Valid license issued by Regional Labour Commissioner, Jammu.

D. SUBMISSION OF BIDS

21.0 Signing of all Bid papers and Completing Bill of Quantities

21.1 Each page of the tender documents, including addendum, corrigendum issued (if any) and all documents required for fulfilling criteria, schedule of rates/price bid are to be signed in original and dated with company seal in original by the tenderer/s or such person/s on his/their behalf who is/are holding the Power of Attorney and legally authorized to sign for him/them. Enclose original or attested Power of Attorney as listed at Cl.23.3.8.

21.2 Tenderer/s are advised not to make any corrections, additions or alterations in the original tender documents. If tenderer makes any correction in his own entries, the same shall be initialed and stamped by him. If this condition is not complied with, tender is liable for rejection.

21.3 Offers shall not be qualified with any conditions. Conditional offers shall be

summarily rejected without giving any reasons.

22.0 Understanding and Care in Submission of tender

22.1 Before submitting the tender, the tenderer will be deemed to have satisfied him-self by actual conditions. Tenderer should ensure that the percentage rates quoted by the tenderer in the tender schedule are adequate and all inclusive for providing the services to the entire satisfaction of the Officer in charge.

22.2 The tenderer must obtain for himself on his own responsibility and his own cost all the information including risks, contingencies & all other circumstances in providing services which may influence or affect the tender. He shall also carefully read and understand all his obligations & liabilities given in tender documents.



22.3 The tenderer should clearly read and understand all the terms and conditions, specifications etc. mentioned in the original tender documents.

22.4 It shall be understood that every endeavor has been made to avoid any error

which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

22.5 Submission of a tender by a tenderer implies that he has read all the tender documents including amendments if any, and has made him-self aware of the scope of services to be provided as per tender conditions.

22.6 The tenderer/s is/are advised to submit all necessary authentic data with

necessary supporting certificates with the tender. For incomplete submission, tenderer/s shall remain responsible and the offer is liable for rejection . The Tenderer is expected to examine all instructions, terms, conditions, forms, specifications and other information in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents (Refer clause 28.0) in every respect will be at the Tenderer’s risk and his bid is liable for rejection .

23.0 Documents to be submitted by tenderer/s

23.1 Tenderer/s shall note that original tender document along with addendum,

corrigendum issued (if any) should be submitted intact without detaching any pages at the time of submission of tender.

23.2 Tenderer/s has to submit all the documents required as per tender conditions

at the time of submission of Tender document. Documents submitted with any other tender(s) or submitted for any other purpose and available with KRCL will not be entertained or considered against present tender.

23.3 The documents required under the tender conditions for submission along with

the tender are listed below. The tenderer/s are advised to examine the various conditions and submit their offer with following details with each page of the tender document and the supporting documents duly signed with date and stamped in original.

23.3.1 Earnest Money Deposit.

23.3.2 Cost of tender document in the form of Demand Draft as per clause 5.0

of Instructions to Tenderers, if tender is downloaded from Konkan Railway website.

23.3.3 Tenderer/s Information - Appendix - 1

23.3.4 Undertaking by Tenderer - Appendix - 2

23.3.5 Tender document along with BOQ duly signed with date & stamped in

all pages.

23.3.6 Affidavit in case of downloading the tender from website -Appendix - 4

23.3.7 List of Contractor manpower with their identity likely to be deployed - Appendix – Appendix - 5

23.3.8 Original notarized power of attorney duly attested by Notary for signing

the tender documents.

23.3.9 Copy of PAN Card.



23.3.10 Copy of Valid license issued by Regional Labour Commissioner, Jammu.

23.3.11 Details of P. F Registration.

23.4 In case of sole proprietorship, an affidavit of sole proprietorship and if the

tender is signed by any other person, Power of attorney by the sole proprietor in favour of Signatory shall be submitted along with tender.

23.5 In case of Partnership, if tender is not signed by all the partners, Power of

Attorney in favour of the signatory authorizing him to sign the documents shall be submitted along with tender. The person signing the documents should also have a specific authority to refer disputes with the partnership firm to arbitration.

23.6 In case one or more of the members is/are Proprietary Firm or HUF, the following documents shall be enclosed: a) Affidavit on Stamp Paper of appropriate value declaring that his Concern is

a Proprietary Concern and he is sole proprietor of the Concern OR he is in position of “KARTA” of Hindu Undivided Family and he has the authority, power and consent given by other partners to act on behalf of HUF.

23.6.1 In case of Partnership, the tenderer shall submit a notary certified copy of

Partnership Deed.

23.7 In case of a Company, copy of the Board Resolution authorizing the signatory to sign on behalf of the Company shall be submitted along with copy of Memorandum and articles of Association of the Company.

24.0 Submission of Tender

24.1 The tender documents conforming proposals shall be submitted in properly sealed envelope containing detailed credentials as per the requirement of criteria and all tender papers including Bill of Quantities.

24.2 Completed tender documents sealed as described in para 24.1 above shall be sealed in a large envelope super scribing the name of the work as stated above. In addition, a sealed envelope (super scribing “Earnest Money for the work”) containing the Earnest Money in the form as prescribed in the tender document and another sealed envelope (super scribing “Cost of Tender Document” ) in case tender document is downloaded from website, shall also be submitted along with tender document in this sealed larger envelope. The tender document complete in all respects as stated above, shall be deposited in the tender box at KRCL‘s Office at the address given in Notice Inviting Tender (NIT) Sr.No.4 , before 15:00 hours on 03.09.2014.

24.3 Tenders duly sealed in the prescribed manner as mentioned above can also be sent through Registered Post/Speed Post/Courier so as to reach in this office not later than the time and date of depositing of tenders. Any tender offer received later than the time and date of depositing of tenders shall not be accepted.

25.0 Deadline for submission of tender

25.1 The tender duly filled must be received by Corporation at the address specified

not later than the date and time mentioned in the Notice Inviting Tender. Late and delayed tenders shall not be accepted and shall be summarily rejected .

25.2 The Corporation may at its discretion extend the deadline for submission of the bids at any time before the time of submission of the bids lapses.



E. BID OPENING AND EVALUATION

26.0 Opening of the tender

26.1 Tenders shall be opened at 15:30 hours on 03.09.2014 in the presence of the tenderer/s or their authorized representatives intending to attend the opening.

26.2 In case the date of tender opening happens to be a holiday, the tender will be opened on next working day at the same time and place.

26.3 Tenderers or their authorized representatives who are present shall sign in register in evidence of their attendance.

26.4 Tenderer/s name, presence or absence of requisite Earnest Money, total cost of work quoted or any other details as the Corporation may consider appropriate will be announced and recorded at the time of bid opening.

27.0 Withdrawal of tender

27.1 No tender can be withdrawn after submission and during tender validity period. Please note the provisions of clause No. 15.0 above.

28.0 Preliminary Examination of Bids

28.1 Prior to the detailed evaluation, Corporation shall determine whether each bid is of acceptable quality, is generally complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionality or reservation. A material deviation, objection, conditionality or reservation is one; 28.1.1 that affects in any substantial way the scope, quality or performance of

the contract.

28.1.2 that limits in any substantial way, inconsistent with the bidding documents, the Corporation’s rights or the successful Tenderer’s obligations under the contracts; or

28.1.3 whose rectification would unfairly affect the competitive position of

other Tenderer/s who are presenting substantially responsive bids.

29.0 Clarification of the Bids

29.1 To assist the examination, evaluation and comparison of the tenders, Corporation may at his discretion ask the tenderers for any clarifications as considered essential. All such correspondence shall be in writing and no change in price or substance of the tender shall be sought or permitted. The above clarification for submission of the details shall form part of the tender and shall be binding on tenderer.

30.0 Negotiations

30.1 KRCL reserves the right to negotiate the offer submitted by the tenderer to bring down the rates to a reasonable level. The tenderer called for negotiations shall be required to furnish the following form of declaration before commencement of negotiation:

“I ______________________________________________do declare that in the event of failure of contemplated negotiations relating to KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dated 28.07.2014 my original tender shall remain open for acceptance on its original terms and conditions”



30.2 The tenderer/s must note that during negotiations, percentage (%) rate can only be reduced and not increased by the tenderer. In case the tenderer introduces any new condition or increases percentage (%) rate, his negotiated offer is liable for rejection and the original offer shall remain valid and binding on him.

31.0 Disqualification

31.1 Tenderer/s may note that even if they meet the criteria as given above they are liable for disqualification, if the tenderer has:

31.1.1 given misleading or false information in the forms, statements and attachments submitted; or

31.1.2 financial failure due to bankruptcy etc.

31.2 If the tenderer, as individual or as a partner of partnership firm, expires after the submission of his tender but before award of work, the KRCL shall deem such tender as invalid.

31.3 If it is found at any time before finalization of tender that any tenderer/s has / have furnished misleading/wrong or fraudulent information / documents, his /their tender shall not be considered and EMD shall be forfeited. If it is found at any time after finalization of tender, that any tenderer/s had furnished misleading/wrong or fraudulent information/documents, such case will attract criminal proceedings and the contract will be terminated and Security Deposit shall be forfeited and Performance Bank Guarantee shall be encashed.

31.4 If the tenderer has been Black listed or debarred by Konkan Railways from

participation in tenders/contract on the date of opening of bids either in their individual capacity or partnership firms in which they were/are members/partners.

32.0 Canvassing

32.1 No tenderer is permitted to canvass to Corporation on any matter relating to this tender or create illegal circumstances for the acceptance of this tender. The bid of any tenderer doing so, is liable for rejection at any stage. KRCL reserves the right to forfeit their EMD as per clause 15.0.

33.0 Right of KRCL to deal with tenderers

33.1 The authority for acceptance of the tenders shall rest with the Corporation. KRCL reserves the right to postpone the tender submission / opening date and to accept / reject any or all tenders without assigning any reasons thereof and without any compensation to the tenderer/s.

33.2 KRCL‘s assessment of suitability shall be final and binding.

33.3 It shall not be obligatory on the Corporation to accept the lowest tender or any other tender / tenders.

33.4 The Corporation is not bound to / required to assign any reasons for rejection

of a particular tender or rejection of all the tenders. The Corporation reserves the right to discharge the tender/s in full or in part without assigning any reason for the same.

33.5 Corporation also reserves the right to accept the tender in whole or in part or to

divide the tender amongst more than one tenderer if deemed necessary.

Note:- The tenderer/s shall have no right to claim damages / compensation in the event of such non-acceptance as the case may be.



F. AWARD OF CONTRACT

34.0 Award of Contract

34.1 Corporation/Engineer shall notify the successful tenderer in writing by a Letter of Acceptance (LOA) sent by Registered Letter/Courier/Speed Post or per bearer that his tender has been accepted.

34.2 Corporation shall send two copies of Letter of Acceptance (LOA) out of which

one shall be returned by the Contractor to the corporation with clear endorsement of “Unconditionally Accepted” with signature of Authorized Signatory of Contractor on each page of LOA with Company/firm’s stamp/seal.

34.3 Letter of Acceptance, after it is signed by the Contractor in token of his

acceptance shall constitute a legal and binding contract between Corporation/Engineer and the contractor till such time the contract agreement is signed.

35.0 Execution of Contract Agreement

35.1 After award of work, an agreement will be drawn up. The agreement shall be prepared based on the master copy available in the office of Executive Director (Projects) and not based on the tender documents submitted by the tenderer. The Parties shall enter into Contract Agreement within 30 (Thirty) days after the contractor receives the Letter of Acceptance, unless they agree otherwise. The costs of stamp duties by entry into the Contract Agreement shall be borne by KRCL. The proforma of the agreement is enclosed at Appendix – 3.

35.2 Necessary copies of the contract documents shall be signed by the competent authority of KRCL and authorized representative of contractor and one copy given to the contractor.

36.0 Form of Contract Documents

36.1 Contract shall be complete in respect of the documents it shall constitute.

36.2 These instructions to the tenderers shall be deemed to form a part of the tender documents.

General Conditions of Contract

25 Konkan Railway Corp. Ltd. Signature of Tenderer/s

GENERAL CONDITIONS

OF CONTRACT




1. The Contract will be governed by the General Conditions of Contract 1999 of the Northern Railway with latest correction slips.

2. The General Conditions of Contract 1999 of Northern Railway, along with latest correction slips,

will form part of the tender/contract documents even though they are not attached to the same.

3. The clause nos 11,13,14,28,29,30,31,34,35,38 and 40 of General Conditions of Contract 1999 of Northern Railway are not applicable for this Tender.

Deliverables and Services


DELIVERABLES AND SERVICES



DELIVERABLES AND SERVICES

1.0 Area Covered under House Keeping Services:

The housekeeping services shall be performed at the following locations:

(i) ORH -1, Plot no. 11, Sector 2, Trikuta Nagar, Jammu. (ii) ORH -2 at H. No. 47-P, A/B Block, Gole Market, Gandhi Nagar Jammu. (iii) ORH-3 at H. No. 146, Sec-6, Channi Himmat Jammu. (iv) SRH-1 at H. No. 53/54, Sec-1, Trikuta Nagar, Jammu. (v) SRH-2 at H. No. 64/4, Trikuta Nagar Jammu. (vi) SRH-3 at House no. 4, Sector 5, Trikuta Nagar Jammu.

The locations shown above are subject to increase/decrease/change at the discretion of KRCL and the contractor shall have no claim for compensation on this account.

2.0 Detailed Scope of Work:

The requirement of manpower to be provided by the contractor at the above mentioned location is as detailed below: a) Cooks: 2 Cooks shall perform shift duties (as enumerated in Clause No. 3) every day in

each rest house. b) Helper: 2 Helpers shall perform shift duties (as enumerated in Clause No. 4) every day in

each rest house. (One helper shall be available during night hours –(7 PM to 7 AM). c) House keeper for Rest House: 01 No. House Keeper shall perform duties (as

enumerated in Clause No. 5) in each Rest house. d) Gardener: The Gardener shall perform duties (as enumerated in Clause No. 6) inORH-1,

ORH-3 and SRH-3.

3.0 DUTY LIST OF COOK

3.1 The Cooks shall perform duties in all the Rest Houses mentioned in Clause No.1or at any other location as directed by the authorized representative of KRCL from time to time

3.2 Two cooks for each rest house should be deployed daily. The cooks shall perform shift wise

duties from 7:00 AM to 3:00 PM (1st shift) and 2:00 PM to 10 PM (2nd Shift) with an overlap of one hour.In any circumstances, the same cook will not perform duties in both the shifts.

3.3 The cook should be able to prepare/cook food both vegetarian as well as, non-vegetarian

including breakfast, lunch, dinner, tea/coffee, snacks and refreshments etc. as per the demand of the inhabitants. The cooks should be able to prepare North / South Indian dishes incl. Poha, Upma, Idli, Dosa, Sambhar, Vada, other Non-Vegetarian Dishes etc. Besides this, preparing sweet dish items like: Savaiyan, kheer, Gulabjamun, GajarkaHalwa etc. should also be known to the cook.

3.4 The cook shall keep a vigil on the Rest house and guard against theft/damage rest house

belongings, as well as, Konkan Railway CorporationLtd.’s property including all Electrical/Non-electrical Appliances, Furniture/Fixtures/Fittings etc.



3.5 The cook shall serve drinking water, tea/coffee, snacks, refreshments etc to the

guests/officials on demand.

3.6 The cook besides cooking shall prepare a list of the requisite consumables or other items required for smooth functioning of the rest house and hand over the same to KRCL’s nominated rest house -in-charge. This exercise should be done at least twice a week.

3.7 The cook should ensure that there is no wastage of food, water, electricity etc in the rest

house.

3.8 The cook shall do the house keeping jobs like arranging beddings daily, changing the soiled/dirty curtains, pillow covers, quilt covers, bed sheets, towels etc. in case the housekeeper is absent/not provided.

3.9 The cook shall daily clean the utensils and ensure their proper maintenance and keep them

in an arranged manner along with other kitchen items in case the helper is absent/not provided.

4.0 DUTY LIST OF HELPER:

4.1 The Helpers shall perform duties in all the Rest Houses mentioned in Clause No.1or at any

other location as advised by the authorized representative of KRCL from time to time.

4.2 Two helpers for each rest house should be deployed daily. The working of helpers shall be 12 hour intermittent duty from 7:00 AM to 7:00 PM (1st shift) and 7:00 PM to 7:00 AM (2nd shift) as per the duty roster. In any circumstances, the same helper will not perform duties in both the shifts.

4.3 The helper shall wash and iron the soiled clothes such as bed sheet, curtains, towels etc as and when required.

4.4 The helpers should have basic knowledge of cooking. He should be able to cook the food in

case the eventuality arises. He has to assist the cook in the kitchen, as well as, while serving food to the guests. The helper should know the art of serving food to the guests in proper and appropriate manner.

4.5 The job of the helper shall be mainly to assist the cook in kitchen besides, doing market

rounds to fetch vegetables, grocery and other items as per demand and to do other misc. jobs as per the requirement.

4.6 The helper shall keep a vigil on the Rest house and guard against theft/damage rest house

belongings, as well as, Konkan Railway CorporationLtd’s property includingElectrical/Non-electrical Appliances, Furniture/Fixtures/Fittings etc.

4.7 The helper shall serve drinking water, tea/coffee, snacks, refreshments etc to the guests/officials on demand.

4.8 The helper should ensure that there is no wastage of food, water, electricity etc in the rest

house.

4.9 The helper shall do the house keeping jobs like arranging beddings daily, changing the soiled/dirty curtains, pillow covers, quilt covers, bed sheets, towels etc.

4.10 The helper shall daily clean the utensils and ensure their proper maintenance and keep

them in an arranged manner along with other kitchen items.



5.0 DUTY LIST OF HOUSE KEEPER:

5.1 The Housekeeper shall perform duties in all the Rest Houses mentioned in Clause No.1or at

any other location as advised by the authorized representative of KRCL from time to time.

5.2 The house keeper shall complete the duties as per the instructions of KRCL officials for a minimum period of 4 hrs daily. The housekeeping services shall commence from 7AM or as directed by KRCL’s Representative from time to time.

5.3 The House keeper shall do the dusting, sweeping, wiping, cleaning of the floors of all the

rooms of the rest house including bed rooms, kitchen, lobby, verandah, balcony, terrace, staircase, connecting path, bathrooms/ toilets etc and clean the window panes, doors, grills, furniture and other articles/furnishings in the rooms and other places, daily to keep the building in neat & clean condition.

5.4 The House keeper of the contractor will collect and dump all the garbage in the nearby

Municipal Garbage bin.

5.5 The House keeper of the contractor will periodically dust the walls and ceilings of the rooms and remove the cobwebs from all over the building, at least, once in a fortnight.

5.6 The House Keeper of the contractor shall daily clean & wash all the toilets, bathroom

including wash basins and WCs. The house keeper of the contractor shall do the cleaning of ceiling fans and other appliances every fort night.

5.7 The House Keeper shall attend to his duties for not less than four hours in each Rest House.

Each Housekeeper shall perform the allotted duties in no more than two Rest Houses daily. Absence from duties in any Rest House will attract deduction in terms of clause No. 23 of Special Conditions of Contract part-B.

5.8 The house keeper shall leave the rest houses & other accommodations after finishing the

job.

5.9 The housekeeper shall do also arrange beddings daily change the soiled/dirty curtains, pillow covers, quilt covers, bed sheets, towels etc.

6.0 DUTY LIST OF GARDNER:

6.1 The Gardner shall perform duties at following locations:

i. ORH –1, at Plot no. 11, Sector 2, Trikuta Nagar, Jammu. ii. ORH – 3, at H. No. 146, Sec-6, Channi Himmat Jammu. iii. SRH – 3, at House no. 4, Sector 5, Trikuta Nagar Jammu.

OR At any location as advised by KRCL’s authorized representative.

6.2 The Gardener shall carry out maintenance of lawns, kitchen gardens, indoor, as well as, outdoor plants in the above KRCL Rest Houses at Jammu.

6.3 The gardener shall carry out maintenance of lawn, indoor/outdoor plants & pot plants etc

each alternate day in the Three above mentioned rest houses. He shall carry out gardening works for about 3 hours per day in each above mentioned rest houses.



6.4 The gardener shall weed out the unwanted grass, shrubs from the lawn, flower beds, pots etc.

6.5 The gardener shall periodically do the tilling of flower beds, pot plants etc.

6.6 The gardener shall provide manure to the lawn flower beds, pot plants etc periodically as per

the requirement to the lawn plants etc.

6.7 KRCL shall bear the cost of plants, flowers, manure and shall make arrangements for water including water pipe etc.

6.8 The lawn is to be periodically manicured by the gardener. 6.9 All gardening tools shall be arranged by the contractor.

Special Conditions of Contract Part A


SPECIAL CONDITIONS OF CONTRACT

PART- A



SPECIAL CONDITIONS OF CONTRACT – PART A 1.0 Definitions: 1.1 “Approval or Approved” means approval in writing including subsequent written

confirmation of previous verbal approval of Competent Authority.

1.2 A Defect is any part of the Work not executed/completed in accordance with the terms of the Contract.

1.3 Chief Engineer: shall mean the Officer in charge of the Engineering Department of the Konkan Railway in the Project Division of Corporate Office or in Jammu & Kashmir field office and shall include the Executive Director (Projects).

1.4 CMD: Chairman and Managing Director of Konkan Railway Corporation Ltd. 1.5 Competent Authority: An Officer/Official of Employer‘s organization vested with

requisite administrative authority. 1.6 Contract shall mean and include the Agreement or Letter of acceptance, the accepted

Schedule of Items, Rates and Quantities, the General Conditions of Contract, the Special Conditions of Contract, the specifications, if any, tender forms, instructions to tenderer/s, Notice Inviting Tender, Addendum(s), Corrigendum(s) and other tender documents.

1.7 Contractor: shall mean the person or firm or company or who enters into contract with the Corporation as a consequence of acceptance of his bid by the Corporation and shall include their executors, administrators, successors and expressly permitted assignees.

1.8 The Contract Data defines the documents and other information, which comprise the Contract.

1.9 The Contractor's Bid is the completed Bidding documents submitted by the Contractor

to the Employer.

1.10 The Contract Price is the price stated in the letter of acceptance (LOA) and thereafter, as arrived at in accordance with the provisions of the Contract.

1.11 D (W&W): Director (Way & Works) of Konkan Railway Corporation Ltd.

1.12 Days are English calendar days, months are English calendar months.

1.13 EMD: Earnest Money Deposit.

1.14 Employer means the KONKAN RAILWAY CORPORATION LIMITED, A Govt. of India Undertaking (KRCL in abbreviation) acting through its Chairman and Managing Director or any other authorized officer and shall include their legal successors in title and permitted assignees.

1.15 Engineer/Engineer-in-charge: shall mean the Dy. Chief Engineer, responsible for

supervising the work of Contractor, administering the Contract, certifying the payments due to the Contractor, issuing and valuing Variations to the Contract, awarding extensions of time and valuing the Compensation Events.

1.16 Engineer's Representative: shall mean the Assistant Engineer/ Senior Engineer in direct charge of the works.



1.17 Executive Director /Projects: shall mean the office overall in charge of J&K Project Division of Konkan Railway Corporation Ltd. at Head office, Jammu.

1.18 GCC: General Conditions of Contract.

1.19 Headings & Marginal Headings: The top headings and marginal headings/notes in the tender or contract documents are solely for the purpose of facilitating reference and shall not be deemed to be part thereof and shall not be taken into consideration in the interpretation or consideration thereof.

1.20 Initial Contract Price is the Contract Price listed in the KRCL’s Letter of Acceptance.

1.21 ITCC: Income Tax Clearance Certificate.

1.22 KRCL / Corporation: Konkan Railway Corporation Limited.

1.23 LOA: Letter of Acceptance

1.24 NIT: Notice Inviting Tender

1.25 Schedule of Items, Rates & Quantities /Bill of Quantities means the Schedule of Items, Rates & Quantities filled by the tenderer / bidder forming the part of the bid.

1.26 Singular and Plural: The singular includes the plural, the masculine includes the

feminine, and vice versa where the context requires.

1.27 Tender or Bid means the offer made by individual, firm, Company, Corporation for the execution of the works.

1.28 Tenderer: shall also mean the bidder, which is the person/the firm or company or whether incorporated or not who tenders for the work with a view to execute the works on contract with KRCL and shall include their personal representatives, successors and permitted assignees.

1.29 The Starting Date is the date when the Contractor shall commence the deployment of

personnel. 1.30 WCT: Work Contract Tax.

2.0 Payment to the Contractor 2.1 The contractor shall submit the "Running Account Bill" for the monthly services provided

to KRCL along with detailed duty roster of the deployed manpower for each category in each rest house.

2.2 Contractor is required to submit the details of EPF deposited to the concerned authorities.

2.3 No enhancement in the accepted rates of the contractor shall be allowed during the

currency of the contract period.

3.0 Liabilities of the Contractor 3.1 Income Tax and other taxes applicable as per the extant rules shall be deemed to have

been included in the quoted rates.



3.2 No advance payment shall be made to the contractor.

3.3 WCT, if applicable under GST Act of J&K, shall be borne by KRCL.

3.4 Contractor's Contribution of EPF & ESI payable by the contactor to the deployed manpower shall be reimbursed by KRCL after production of receipts/vouchers from the concerned State/Central authorities.

4.0 Languages and Law

Languages of the agreement/contract communication shall be English. The agreement shall be interpreted, constructed and governed by laws of India.

5.0 Change of address of the Contractor

The contractor shall forthwith intimate in writing to KRCL any change in the address of the

contractor. Unless the change has been duly intimated to KRCL, all correspondences shall be addressed on the address specified in the contract and shall be deemed to be due and complete service of the same on the Contractor. KRCL will not be responsible for any loss or inconvenience suffered by the contractor on account of his failure to comply with this.

6.0 Delay and Extension of Contract Period

6.1 The Services under the Contract is a part of the Project of National Importance and is undertaken by KRCL under the Contract Agreement dated 9th August 2005 between the Northern Railway and KRCL. If at any time, the Ministry of Railways/ Railway Board/Northern Railway/KRCL, come to a conclusion and decide that in the interest and/or for the reason of National Security, public safety, National Interest or Public Interest, changes in the scope of services under the Contract or the Contract itself are required to be made or any other decision in respect of the Scope of services under the Contract or the Contract itself, the Contractor shall accept the decision as final and not open to any challenge. In such an eventuality, the Contractor will be entitled to the actual costs incurred on account of such decision which shall be kept to the minimum possible. Such costs shall be paid after verification of vouchers, relevant records. The decision of Engineer-in charge on the admissibility of such documents shall be final and binding.

6.2 If at any time during the continuance of this contract, the performance in whole or in part is required to be prevented due to the constraints and compulsions faced in the interest of National Security, Safety, public interest, such prevention shall be understood and accepted as beyond the control of the KRCL and a Force Majeure notice of the happening of such event is given by KRCL to the Contractor within seven days from the occurrence of such eventuality the contractor shall not be by reason of such event be entitled to terminate this Contract, nor shall he be entitled to claim any damages in respect of non-performance. The Services under the Contract shall be resumed as soon as possible. The decision of the Chief Engineer as to whether the work has commenced or not shall be final. Provided that if the performance of this Contract is prevented for more than ninety days, either party may terminate the Contract by giving notice to the other party.

6.3 In clause 17 of GCC of Northern Railway blank space in 5th line to be read as “7” and blank space in line 12 to be read as “90”.



6.4 Competent Authority of KRCL while granting extension to the currency of contract under clause 17 (B) of GCC of Northern Railway -1999 may also levy liquidated damages including token liquidated damages as deemed fit based on the facts of the case.

7.0 Publicity: 7.1 The Contractor or his sub-contractor shall not publish or otherwise circulate, alone or in

conjunction with any person, any paper/booklet/sketch/ any articles, photographs or other materials relating to the Contract, the site, the work, the project or any part thereof, nor impart to any third party any information relating thereto, nor allow any representative of the media access to the contractor‘s Works Areas, or off works places except with the permission, in writing, of the employer. The contractor shall ensure that his sub-contractors of any tier shall be bound by a like obligation and shall, if so required by the Corporation, enforce the same at his own expense. The provisions of this Clause shall not exempt the contractor from complying with any statutory provision in regard to the taking and publication of photographs.

8.0 Official Secrets Act 1923: 8.1 Indian Official Secrets Act 1923 (XIX of 1923) shall apply to the contractor and persons

employed by the contractor for this contract. 9.0 Dissolution of Contractor’s Firm: 9.1 If the contractor’s firm is dissolved due to the death or retirement of any partner or for any

reasons whatsoever before fully completing the whole work under the Contract or any part thereof, the partners shall remain jointly, severally and personally liable to complete the entire work under the Contract to the satisfaction of KRCL.

9.2 If after acceptance of the offer and/ or signing of the Contract, the contractor expires or in case of a Firm any partner expires, or in case of a firm or a corporate entity, the composition changes, KRCL shall have an option to either treat the contract/acceptance as cancelled or treat the same as subsisting. The contractor whether a person, firm or a corporate entity shall be liable to discharge its obligations under the contract unless the KRCL exercises its option to treat the Contract/Acceptance as cancelled. No compensation/loss/damages shall be payable to contractor on account of such cancellation.

10.0 Priority of Documents and specifications

10.1 The documents forming Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents within the contract agreement shall be in accordance with the following sequence

i) The Contract Agreement for the services executed on stamp paper.

ii) The Letter of Acceptance.

iii) Deliverables and Services

iv) Special Conditions of Contracts Part A and Part B

v) General Conditions of Contract 1999 of Northern Railway.

vi) Schedule of Items, Rates and Quantities/Bill of Quantities (BOQ)

vii) Instructions to tenderer/s

viii) Appendices



10.2 Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall not vitiate the contract or release the contractor from the execution of the whole or any part of the services comprised, therein, according to contract conditions or from any of his obligations under the contract.

11.0 Insurance

11.1 Employers Liability and Workers Compensation Insura nce

The Contractor shall take employers’ liability and workers’ compensation insurance in respect of the personnel engaged for duties in accordance with the relevant provisions of the applicable law, as well as, any such life, health, accident, travel or other insurance as may be appropriate for such personnel.

12.0 Performance Guarantee

12.1 The Performance Guarantee shall be furnished by the successful tenderer after the letter of acceptance has been issued, but before signing of the agreement. The agreement shall normally be signed within Thirty Days after the issue of Letter of Acceptance. The performance Guarantee arranged by other than successful tenderer shall not be accepted.

12.2 The successful Tenderer shall give a Performance Guarantee in the form of an irrevocable bank guarantee amounting to 5% of the Contract value. Performance Guarantee shall be acceptable in the form of Deposit receipts, pay orders, demand drafts also. This Guarantee shall be initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for completion for work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

12.3 The Performance Bank Guarantee (PBG) shall be submitted within 30 (thirty) days from the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PBG beyond 30 (thirty) days and upto 60 days from the date of issue of LOA may be given by the Authority who is competent to sign the contract agreement. However, the penal interest of 15% per annum shall be charged for the delay beyond 30 (thirty) days i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PBG even after 60 (sixty) days from the date of issue of LOA , the contract shall be terminated by issuing notice under relevant provisions of General Conditions of Contract 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.

12.4 The value of PBG to be submitted by the contractor will not change for variation up

to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Bank Guarantee amounting to 5% (five percent) for the excess value over the original contract value shall be deposited by the contractor.

12.5 Performance Guarantee shall be released after the completion period of services

based on the ‘Certificate’ issued by the Competent Authority stating that the contractor has completed the services in all respects satisfactorily.

12.6 Wherever the contract is rescinded, the Security Deposit shall be forfeited and the Performance Guarantee shall be encashed and the balance work/services shall be got done independently without risk and cost of the failed contractor. The failed contractor shall be debarred from participating in the further tenders.

12.7 Performance Guarantee shall be of Nationalized Bank in India. The Performance

Guarantee from other than Nationalized Bank in India shall not be accepted.



13.0 Security Deposit: 13.1 Security Deposit shall be 5% of the contract value. The amount over & above

adjusted EMD as Security Deposit to be recovered at 10% from Running Bills till it reaches 5% of the contract value and no other mode of collecting Security Deposit shall be accepted.

13.2 Security Deposit will be recovered only from the running bills of the contract and no

other mode of collecting Security Deposit such as Security Deposit in the form of instruments like Bank Guarantee, Fixed Deposit etc. shall be accepted towards Security Deposit.

13.3 Security Deposit shall be released to the contractor after passing the final bill based

on “No Claim Certificate”, as certified by the Competent Authority of KRCL. The certificate, inter alia, should mention that the services has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Corporation against the contract concerned. Before releasing Security Deposit, an unconditional and unequivocal No Claim certificate from the contractor concerned should be obtained.

14.0 Execution Time Limit: 14.1 The time period as stipulated in the contract or letter of acceptance shall be deemed

to be essence of the contract. 15.0 Price Variation: 15.1 The rate quoted by the contractor shall not be reduced or enhanced for any reason

what so ever as otherwise mentioned in clause 16 below, during the currency of the contract.

16.0 Revision of wages

16.1 The KRCL shall periodically revise the wages of each category of the personnel on the basis of the wages revised by the Office of Chief labour Commissioner (C), New Delhi. Accordingly, KRCL shall make payment to the contractor on such revised wages with the percentage rates accepted by KRCL.

17.0 Variation in Quantities 17.1 The quantities provided in the schedule of items, rates and quantities shall remain

firm for the specified contract period. However, for any increase/decrease in variation due to possession/vacation of Rest Houses by KRCL, the same shall be paid at the accepted rates by KRCL.

18.0 Termination of Contract:

18.1 The contract is liable to be terminated after 7 days notice, in case the services are found unsatisfactory.

18.2 KRCL may without prejudice to any other remedy for breach of contract may terminate the contract in whole or in parts if: 18.2.1 The contractor fails to supply any or all of the services/manpower within the

period specified in the contract where specified.

18.2.2 The contractor fails to perform any other obligation/s under the General and Special Conditions of Contract.



19.0 Contractor to indemnify Corporation 19.1 The Contractor shall keep the Corporation indemnified in case any action is taken

against the Corporation by the competent authority on account of contravention of any of the provisions of any Act or rules made there under, regulations or notifications including amendments. If the Corporation is caused to pay or reimburse such amounts as may be necessary to cause or observe, or for non-observance of the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of the Contractor, the Engineer-in-charge shall be entitled to recover the amount from any money due or becoming due to the Tenderer under this or any other contract with the Employer. The corporation/Engineer-in-charge or his representative shall also have right to recover from the Contractor any sum required or estimated to be required for making good the loss or damage suffered by the corporation.

20.0 Claims on account of violation of Labour laws 20.1 If any money shall as a result of any instructions, directions or decisions from the

authorities or claim or application made under any of the labour laws or regulations be directed to be paid by the Engineer-in-charge because of any failure of the Contractor, such money shall be deemed to be money payable to the Engineer-in-charge by the Contractor and on failure of the Contractor to repay the Engineer-in-charge any money paid or to be paid as aforesaid within seven days after the same shall have been demanded, the Engineer-in-charge shall be entitled to recover the amount from any money due or becoming due to the Tenderer under this or any other contract with the Employer. The Engineer-in-charge shall not be bound to contest any such claim or demand unless the Contractor makes a written request for it and Contractor’s reasons for contesting are considered reasonable by the Engineer-in-charge and the Contractor deposits the full cost that the Engineer-in-charge may have to incur in contesting the case.

20.1.1 The employees of the Contractor and the Sub- Contractor in no case shall

be treated as the employees of the Corporation at any point of time.

20.1.2 Some major laws applicable to establishments engaged for providing services are given hereunder for reference:

i) Workmen Compensation Act 1923 ii) Payment of Gratuity Act 1972 iii) Employees P.F and Miscellaneous Provision Act 1952 iv) Provision of Contract Labour (Regulation & Abolition) Act 1970. v) Minimum Wages Act 1948 vi) Payment of Wages Act 1936 vii) Equal Remuneration Act 1979 viii) Payment of Bonus Act 1965 ix) Industrial Disputes Act 1947 x) Industrial Employment's (Standing Orders) Act 1946 xi) Trade Unions Act 1926 xii) Child Labour (Prohibition & Regulation) Act 1986

21.0 Employees Pension Scheme 21.1 As per section 22 of the Employees Pension Scheme, 1995, every Contractor shall

submit to the principal employer within seven days of the close of every month a statement showing the particulars in respect of employees employed by or through him in respect of whom contributions to the Employees Pension Fund are payable and shall also furnish to him such information as the principal employer is required to furnish under the provisions of this scheme to the Commissioner.



22.0 Settlement through Court 22.1 The contract shall be governed by the laws for the time being in force in the Republic

of India. In case of any disputes/differences resulting in court case/s between contractor & KRCL, the legal Jurisdiction shall be the High Court of the J&K State at Jammu.

Special Conditions of Contract Part B

41 Konkan Rail way Corp. Ltd. Signature of Tenderer/s

SPECIAL CONDITIONS OF CONTRACT

PART- B



SPECIAL CONDITIONS OF CONTRACT – PART- B

1.0 Contractor shall provide required numbers of manpower, for the rest houses mentioned in Clause No.1 of Deliverable of Services or at any other location as directed by the authorized representative of KRCL during the period of contract.

2.0 Before joining the duty, Cook, helpers, House-keepers and Gardner should submit all details as per Appendix 8 to representative of KRCL, duly signed and stamped by contractor.

3.0 The contractor shall ensure that the Cook, helpers, House-keepers and Gardner are performing their job satisfactorily. The items of the schedule shall be executed as per the Duty List defined against each category of workers as given in Clause No. 3.0 to 6.0 of Deliverables and Services.

4.0 All consumable items in the kitchen including grocery, vegetables, cooking gas & other eatables etc,

sanitary items shall be provided by KRCL. 5.0 The contractor shall arrange the accommodation, bedding & transportation etc. for his manpower and

nothing shall be provided by KRCL.

6.0 Contractor shall provide uniform (2 sets of full sleeve and 2 sets of half sleeve shirts, 2 sets of trousers/pants, 2 sets of sweaters) of approved colour . The engaged manpower of the contractor should be well mannered. Cook and Helpers should wear neat and clean Uniform. The cost of uniform shall be included in the quoted percentage.

7.0 The engaged manpower of the contractor should be literate enough in order to keep all records of the messages/telephone calls received and convey the same to KRCL’s nominated officer. They should be able to communicate properly with the inhabitants.

8.0 The Contractor shall ensure that all the deployed manpower shall rest at least once a week. However, the Contactor shall ensure that the services shall remain unaffected during the rest, leave, sickness or any other absence days by providing a rest giver against each category of manpower.

9.0 Statutory Obligations:

The Contractor shall ensure the timely payment of wages to his employees as per minimum wages Act of Central Govt. including all statutory obligations (EPF, ESI etc). Contractor shall provide payment slip to the employees as per appendix 7. KRCL reserves the right to ensure the payment of salaries as per minimum wages Act of Central Govt. and payment slip to the employees deployed by contractor in presence of representatives of KRCL.

10.0 The engaged manpower of the contractor shall not take any intoxicants incl. alcohol, cigarettes, beedi, chutki, pan masala etc. while on duty.

11.0 Contractor has to ensure that the rest house services should not be disturbed/disrupted during

Sundays, Gazetted or National holidays. 12.0 All the deployed manpower by the contractor sh ould have a good character and must not have

any criminal background. The contractor shall submi t Police verification report or a Character Certificate from local Govt. authorities of each em ployee.

13.0 The contractor shall also submit the medical fitness certificate of the deployed manpower issued by an Authorized medical practitioner of a Civil Hospital or a Govt. Health Centre, at the time of initial engagement and at later date at frequency as demanded by KRCL. KRCL reserves the right to take medical examination of manpower during the period of contract. If any manpower found with infectious/ contagious diseases, the same manpower shall not be allowed to perform duty and contractor shall provide for immediate replacement.



14.0 The engaged manpower shall also perform miscellaneous duties as may be assigned by Konkan Railway Corp. Ltd. administration from time to time without claiming any extra charges. The persons engaged shall at all time, abide by the instruction given from time to time by Konkan Railway Corp. Ltd. officials.

15.0 The engaged manpower of the contractor shall be responsible for bringing to notice of Konkan Railway

Corp Ltd. authorities any damages/defects viz structural, sanitation, water supply, electrical, termite attack & general maintenance of the office/rest houses without claiming any extra charge.

16.0 Konkan Railway Corp. Ltd. shall not be responsible for any loss/damage to manpower engaged by the

contractor & no claim for idle labour on any account shall be entertained. 17.0 In case of any negligence or doubtful integrity, misconduct & incompetence on the part of the engaged

manpower of the contractor, one day notice in writing for removal of such person(s) shall be given by Konkan Railway Corp. Ltd to the contractor & that person(s) should be immediately removed and suitable substitute should be put in place by the contractor immediately. Such person shall not be re-employed without the permission of the Competent Authority of Konkan Railway Corp. Ltd. The decision of KRCL in this regard shall be final and binding on the contractor.

18.0 In case, breakage of any items/appliances or any other loss occurs due to the negligence on the part of

the engaged manpower of the contractor, the contractor shall have to make good the loss either by way of replacement with same type of the item or by allowing recovery for an amount as decided by the competent authority of KRCL from the monthly bill. The decision of the competent authority of KRCL in this regard shall be final and binding on the contractor.

19.0 The manpower supplied by the contractor shall not indulge in any sort of misbehaving activities during

duty hours. They shall not misbehave with the inhabitants or any official of KRCL directly or indirectly in any manner. The act of misbehavior shall attract the liquidated damages as decided by the Competent Authority of Konkan Railway Corporation Limited.

20.0 The manpower supplied by the contractor shall not sit on Strike/Agitation/Dharna to protest against

KRCL administration. For any act of misconduct on the part of the cooks and helpers provided by the contractor, a liquidated damage up to a maximum of Rs.1000/- for each occasion shall be levied on the contractor. However, Chief Engineer/Dy.Chief Engineer/Dy.General Manager shall be the final authority to decide in the matter, whose decision shall be binding on the contractor. The liquidated damages so levied shall be recovered from the contractor’s running bill or from the security deposit as the case may be.

21.0 The contractor shall also not indulge in any sort of misconduct or misbehave with any of the KRCL’s

Officers/Staff or participate in Strike/Agitation/Dharna against KRCL administration. In the event of such happening, a liquidated damages upto a maximum of Rs.2000/- for each occasion shall be levied on the contractor. However, Chief Engineer/ Dy.Chief Engineer /Dy.General Manager shall be the final authority to decide in the matter, whose decision shall be binding on the contractor. The liquidated damages so levied shall be recovered for the contractor’s running bill or from the security deposit as the case may be, besides rendering the contract liable for termination .

22.0 Breakfast/Lunch/Dinner for the manpower engaged by the Contractor for performance of duties at respective Rest Houses shall be arranged by Contractor himself. KRCL shall not provide the same to the engaged manpower.

23.0 Liquidated damages: If the contractor fails to provide services as per the Duty List (Clause No. 3 to 6 of deliverables and Services), deductions at the following rates shall be effected from his monthly bills. a) For non providing of :

i. Cook : Rs. 309/- per shift per Cook ii. Helper : Rs. 273/- per day per helper iii. House-Keeper : Rs. 273/- per day per House-keeper iv. Gardner : Rs. 273/- per person.



Note: The same Cook and helpers shall not be deploy ed in both the shifts in any Rest house and also not allowed to work in other Rest Houses. If d eployed, such Cook and Helpers shall be deemed to be absent and payment to such Cook and helper shall not be made.

b) If the contractor fails to provide uniform of approved Colour, deductions at the following rates for

each manpower shall be effected from his monthly bills after one month of date of award of contract.

i. Shirts (Full sleeve and half sleeves) : Rs. 750/- ii. Trousers / Pants : Rs 750/- iii. Sweaters (1st October to 31st March) : Rs. 1500/-

24.0 The manpower deployed by the Contractor shall have no claim whatsoever regarding employment in KRCL.

25.0 All statutory compliances requiring Sanction/Approval from the Competent Authority shall have to be obtained by the contractor at his own cost. In case of violation of any of the above conditions, agency alone shall be liable for any legal liabilities.

Appendices


APPENDICES

Appendices


LIST OF APPENDICES

Sr. No. Description References

1 Tenderer’s Information Appendix - 1

2 Undertaking by Tenderer Appendix – 2

3 Form of Agreement Appendix – 3

4 Affidavit by tenderer in case of downloading the tender from

website Appendix – 4

5 List of Personnel likely to be deployed Appendix – 5

6 Performance Bank Guarantee Appendix – 6

7 Payment Slip Appendix – 7

8 Proforma for Cooks/Helper/Housekeeper/Gardner to be submitted before joining the duties.

Appendix – 8

Appendices


Appendix- 1

TENDERER’S INFORMATION All tenderer/s are requested to complete the information in this form. 1. Name of Tenderer : 2. Head office Address : 3. Address on which correspondence

should be done with Tel. Nos., Fax No. & e-mail address : 4. (i) Place of incorporation / registration

(ii) Year of incorporation / registration

5. Constitution of Tenderer

i. Specify, if the Tenderer is

(a) An individual (b) A proprietary firm ------------------------------------------------ (c) A firm in partnership (d) A Limited Company or Corporation (e) A group of firms (If yes, give complete information in respect of each member)

ii. Attach a copy of Proprietorship or Partnership Deed or Article of Association or

Incorporation of Company -------------------------- 6. Give particulars of registration with Govt./Semi Govt./Public Sector Undertakings/Local Bodies --------------------- 7. PAN No --------------------- 8. PF No --------------------- 9. Experience in similar type of works :

Signed:……………………………..

Name ………………………………

For & on behalf of ………………..

Name of Applicant………………..

Firm / Company …………………..

Appendices


Appendix – 2

UNDERTAKING BY TENDERER

1. Being duly authorized to represent and act on behalf of ………………………………………………………………………………… and having reviewed and fully understood all the eligibility requirements and information provided, the undersigned hereby declare that:

i) the statement made and information provided in the bid/tender are completely full, true,

correct and complete in every detail.

ii) this application is made with the full understanding that:

(a) bids by Applicants will be subject to verification of all information submitted at the time of bidding. Konkan Railway Corporation Limited (KRCL) or any authorized representative of KRCL is hereby authorized to conduct any inquiries or investigations to verify the statements, documents and information submitted in connection with the bid/tender and to seek clarification from our bankers, clients, or any other entity regarding any information including financial & technical aspects.

(b) in the event that the information/document submitted are found to be false or

misleading, this bid/tender will be disqualified.

iii) Konkan Railway Corporation Limited reserves the right to:

(a) modify the scope of work including methodology of construction and the Tenderer/s shall have no claim on this account.

(b) reject or accept any tender, cancel the tender process, and reject all tenders without

assigning any reason thereof.

---------------------------------------------------- Signed

----------------------------------------------------

Name

---------------------------------------------------- For & on behalf of

---------------------------------------------------

Name of Applicant

--------------------------------------------------- Firm/Company

Date: __________ --------------------------------------------------- Place:- _________ Seal of Firm/Company

Appendices


Appendix- 3

(Page 1 of 2)

TO BE EXECUTED ON A STAMP PAPER OF RS. 100/-

KONKAN RAILWAY CORPORATION LIMITED

FORM OF AGREEMENT FOR WORK

CONTRACT AGREEMENT NO. ____________________________ made this ------- day of ---------------, 2014 between KONKAN RAILWAY CORPORATION LIMITED, acting through the Dy.General Manager/Works, head quartered at Head Office USBRL Project, Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu, Jammu & Kashmir, hereinafter called the Corporation (which expression shall unless repugnant to the context shall include the successors, heirs, administrators and permitted assigns of the Corporation) of the one part AND M/s ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [Name of Contractor with Address] (Represented by Shri. --------------------------------------------------- (having been authorized to sign the contract) hereinafter called the Contractor (which expression shall unless repugnant to the context shall include the successors, heirs, administrators and permitted assigns of the Contractor) of the other part WHEREAS the Contractor has submitted his tender for the performance of the work i.e. Name of Work ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------vide their offer for Tender No. KR/PD/J&K/HO/Tender/Housekeeping/7/2014 dtd. 28.07.2014 at the rate of -------% above/below/at par [strike out whichever is not applicable] (--------------------------------------------------- [in words] Percent above/below/at par) the Schedule of Items, Rates & Quantities. WHEREAS the Corporation has held negotiations for the above work vide their letter No. ---------------------------- dtd. -------------------- (Annexure -------) and the firm has quoted their negotiated percentage at the rate of ---------% (------------------------------------------------------ [in words]) above the Schedule of Items, Rates and Quanttiies at total cost of Rs. ----------------------------------------/- (Rs. ---------------------------------------------------------------------------------------------------------Only [in words]). {This is applicable in case negotiations held with Contractor}.

Appendices


Appendix- 3 (Page 2 of 2)

WHEREAS the Corporation has issued their acceptance to Contractor's offer / negotiated offer [Strike out whichever is not applicable] for schedule vide their letter No. --------------------------------------------------------------- dtd. --------------------at the rate of ----------% (----------------------------------------- Percent) above/ below / at par the basic cost of Schedule at the total cost of Rs. ----------------------------------------(Rs. --------------------------------------------------------------------------------------only) annexed hereto and marked as Annexure ------- and the Contractor has agreed & confirmed his unconditional acceptance to the Corporation's said letter of acceptance referred above and marked as Annexure - -------. NOW THIS INDENTURE WITNESSETH that in consideration of the payment to be made by the Corporation to the Contractor's aforesaid letter of acceptance, the Contractor will duly perform the said work and shall execute the same with great promptness care and accuracy in workman like manner to the satisfaction of the Corporation and will complete the same in accordance with the said specifications in (-------------- [in words]) months from the date of issue of acceptance letter and further will observe to fulfill and keep all the conditions contained in the Corporation's letter of acceptance (which shall be deemed and taken as to be integral part of the agreement) AND THE Corporation does hereby agree that if the Contractor shall duly perform the said work in the manner aforesaid and observe to keep the said terms and conditions, the Corporation will pay, or cause to be paid to the Contractor, for the said work, at the rates given for various items in the Schedule of Items, Rates and Quantities and percentage rate / negotiated percentage rate tendered by Contractor and as accepted by Corporation as set forth in the Annexure ------- - Schedule of Items, Rates and Quantities (Bill of Quantities). It is hereby agreed that all the provisions of the said conditions, specification which have been carefully read and understood by the Contractor and bill of quantities shall be as binding upon the Contractor and upon the Corporation and if the same has been repeated herewith shall be read as part of these presents. The entire document including Annexure, (from Page No. ------- to ----------), is annexed to this Agreement shall form and construed as part of this Agreement. Dy.General Manager/Works Signature of the Contractor KRCL, Jammu, J&K M/s ……………………………… …………………………………… ……………………………………

[Name and Address of Contractor] 1. WITNESS: 1. WITNESS: 2. WITNESS: 2. WITNESS:

Appendices


Appendix- 4

AFFIDAVIT *

(Applicable for tender documents downloaded from KR CL website)

A) I/We hereby solemnly declare and certify that I/We are fully responsible for the errors/omissions in the tender documents downloaded from the KRCL web site www.konkanrailway.com.

B) I/We hereby agree that in case of errors/omissions in the tender documents downloaded

from the web site, the master copy (along with the corrigendum‘s, if any issued) available in the Head Office of Konkan Railway Corporation Ltd., Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu, J&K, shall hold good.

C) In case, the tender documents downloaded from web site and submitted are found to be

incomplete, I/We hereby accept that tender shall be liable for rejection. D) I/We hereby agree that the agreement shall be prepared based on the master copy

available in the Head Office of Konkan Railway Corporation Ltd., Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony , Jammu, J&K and not based on the tender documents downloaded from the KRCL web site and submitted by me/us.

Signature of Tenderer(s)

Name____________________

Designation______________

Date: Name of T enderer___________

Place: Seal of Co mpany /Firm

--------------------------------------------------------------------------------------------------------------------------------

*To be given on Non-judicial stamp paper duly signe d by authorized notary.

Appendices


Appendix – 5

List of Personnel likely to be deployed

Sr. Name & Address of Personnel Deployed

Designation Qualification Remarks

Appendices


Appendix – 6 Page 1of 2

TO BE EXECUTED ON A STAMP PAPER OF RS. 100/-

GUARANTEE BOND

(FOR PERFORMANCE BANK GUARANTEE)

In consideration of the KONKAN RAILWAY CORPORATION LTD., Head Office of Konkan Railway Corporation Ltd., Satyam Complex, Marble Market, Greater Kailash, P.O. Sainik Colony, Jammu, J&K, (hereinafter called ―M/s KRCL) having agreed to exempt M/s -------------------------------------------------------------------------- [Name and full Address of work awarded contractor], [hereinafter called ―the said Contractor(s)] from the demand, under the terms and conditions of Letter of Acceptance No. ------------------------, Dated ----------- made between KONKAN RAILWAY CORPORATION LTD., and M/s -----------------------------------------------------------------[Name of work awarded contractor], for ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ [Name of work] (hereinafter called ―the said Agreement) of Performance Guarantee for the due fulfillment of the work by the said contractor(s) as per the terms and conditions contained in the said Agreement, on production of Bank Guarantee for Rs. ----------------------------------- (Rupees -------------------------------------------------------------------------------------------------------------------[in words]), We, ----------------------------------------------------------------------------------------------[Name of Bank with full Address] (hereinafter referred to as ―the Bank) at the request of M/s --------------------------------------------------------------- [Name of work awarded contractor] Contractor(s) do hereby undertake to pay to M/s KRCL amount not exceeding Rs. ---------------------- (Rupees ------------------------------------------------------------ [in words]), against any loss or damage caused to or suffered or would be caused to or suffered by M/s KRCL by reasons of any breach of the said contractor(s) of any of the terms or conditions contained in the said Agreement. We, ------------------------------------------ [Name of Bank] do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from M/s KRCL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by M/s KRCL by reason of breach by the said contractor(s) of any terms or conditions contained in the said Agreement or by reason of the said 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. ------------------------------------------------------- (Rupees -------------------------------------------------------------------------------------- [in words]).

We undertake to pay to M/s KRCL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding before any Court or Tribunal relating there to 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) shall have no claim against us for making such payment.

Appendices


Appendix- 6 Page 2 of 2

We, ------------------------------------- [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 M/s KRCL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till M/s KRCL certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) and accordingly discharged this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before ----------- [Date up to which the Bank Guarantee is valid], we shall be discharged from all liability under this guarantee thereafter. We, ------------------------------------------------- [Name of Bank], further agree with M/s KRCL that M/s KRCL 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 M/s KRCL against 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 M/s KRCL or any indulgence by M/s KRCL to the said contractors or by any such matter or thing what so ever which under the law relating to sureties would but for this provision, have effect of so relieving us. This guarantee will not be discharged due to the change in the constitution of the bank or the contractors. We, ------------------------- ( Name of Bank), lastly under take not to revoke this guarantee during its currency except with the previous consent of M/s KRCL, in writing. Not with standing anything contained herein above : 1. Our liability under this Bank Guarantee shall not exceed Rs. -------------------------------- (Rupees

------------------------------------------------------------------------- [in words]). 2. This Bank Guarantee shall be valid upto -------------------- [Date which shall be equal to currency

of contract plus 60 days beyond that]. 3. We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only

and only if KRCL serve upon us a written claim or demand on or before --------------- [Date up to which Bank Guarantee is valid].

SIGNATURE AND SEAL OF THE BANK Date: Place: Note: The authorized signatory of the Bank shall sign with stamp on each page of the Bank

Guarantee.

Appendices


Appendix 7

Payment Slip

Name of Firm -

1 Name of Employee :

2 Designation :

3 Month :

4 Place :

5 Wages Period :

6 Gross wages :

7 Deductions

a PF (PF number to be mentioned)

:

b ESI (ESI number to be mentioned)

:

Total Deductions :

8 Net wages Paid :

Note : It is certified that the sum of net wages paid as above in row 8 and deductions in row 7 is not less than the applicable rate specified by Chief Labour Commissioner (Central)

Seal & Signature of Contractor Employee’s Signature/ Thumb Impression

Appendices


Appendix 8

Pro-forma for Cook,Helper, Housekee per & Gardner (To be submitted before joining the duties)

Name of Person :- ..............................................................

Designation :- ..............................................................

Date of Birth :- ..............................................................

Nationality :- ..............................................................

Permanent Address :-..............................................................

...............................................................

...............................................................

..............................................................

Signature of Person :-

Seal and Signature of Contractor

Name_______________________

Designation_________________

Photo

Schedule of Items, Rates & Quantities.

57

Konkan Railway Corp. Ltd. Signature of Tenderer/s

Schedule of Items, Rates & Quantities

Sl. No. Particulars Unit Rate Total Quantity Amount (Rs)

(i) Up-keeping/maintenance including doing cleaning, wa shing, dusting and other miscl. jobs etc in KRCL Rest Houses at Jammu with all labour for a month, complet e job as per clause no. 5.0 ofDeliverables and Services (Housekeeper)

a ORH 1 , Salaria house Plot no. 11, Sector 2, Trikuta Nagar, JammuPer Month 4232 12 50784

b ORH 2 at H. No . 47-P, A/B Block, Gole Market, Gandhi Nagar Jammu.Per Month 4232 12 50784

c ORH 3 at H. No. 146, Sec-6, Channi Himmat JammuPer Month 4232 12 50784

d SRH1 at H. No. 53/54, Sec-1, Trikuta Nagar, JammuPer Month 4232 12 50784

e SRH2 at H. No. 64/4, Trikuta Nagar JammuPer Month 4232 12 50784

f SRH3 at House no. 4, Sector 5, Trikuta Nagar Jammu. Per Month 4232 12 50784

g Rest Giver for Housekeepers Mandays 273 168 45864

(ii) Providing professional services for : Preparation/ co oking and serving of food using KRCLinfrastructure and consumables, as per the requirement of t he concerned authorities incl.caretaking/ maintenance of the KRCL Rest Houses at Jammu, wi th all cooks & helpers for amonth, complete job as per clause no. 3.0 & 4.0 of Deliverables and Services.

A ORH 1 , Salaria house Plot no. 11, Sector 2, Trikuta Nagar, Jammu

a Cook for continous working of 8 hours as per the Duty RosterMan Month 9579 36 344844

b Helper for intermittent working for 12 hours as per the Duty Roster.Man Month 8463 36 304668

B ORH 2 at H. No . 47-P, A/B Block, Gole Market, Gandhi Nagar Jammu.



C ORH 3 at H. No. 146, Sec-6, Channi Himmat Jammu



D SRH1 at H. No. 53/54, Sec-1, Trikuta Nagar, Jammu


SCHEDULE OF ITEMS, RATES AND QUANTITIES

Name of Work: “Supply of manpower for Housekeeping and Upkeeping / Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRLProject."

Konkan Railway Corporation Ltd. 58 Signature of Tenderer

Sl. No. Particulars Unit Rate Total Quantity Amount (Rs)

Name of Work: “Supply of manpower for Housekeeping and Upkeeping / Maintenance of KRCL Rest Houses at Jammu in connection with the Construction of Katra-Dharam section of USBRLProject."


E SRH2 at H. No. 64/4, Trikuta Nagar Jammu



F SRH3 at House no. 4, Sector 5, Trikuta Nagar Jammu.



GRest Giver for Cooks Man Days 309 728 224952

HRest Giver for Helpers Man Days 273 728 198744

(iii) Maintenance of lawn, plants both indoor, as well as, ou tdoor plants with all labour for a month,complete job (ORH 1, ORH3 & SRH 3)as per clause no. 6.0 of Deliv erables and Services. The rate per month includes ORH 1, ORH-3 & SRH 3 put to gether.

Per Month 4760 12 57120

3645936

NOTE:-

In words ………………………………………………………% above

I/We agree to carry out the work for schedule at (i n figures)…………………% above

Rupees Thirty Six lakhs Forty Five thousand Nine hu ndred and Thirty Six only. Total

1) All duties, taxes and other levies payable by the contractor (except taxes applicable under GST Act of J&K which will be borne by KRCL) under the contract, or for any other cause shall be included in the quoted percentage.2) Employer's i.e Contractor's Contribution of EPF & ESI payable by the contactor to the deployed manpower shall be reimbursed by KRCL after production of receipts/vouchers from the concerned State/Central authorities.

3) The above rates are exclusive of contractor's contribution of EPF, ESI and WCT.

Konkan Railway Corporation Ltd. 59 Signature of Tenderer