TENDER FORM - West Central Railway zone...2015/09/15 · IRPWM/CS 55 Training of Supervisors 56 Special condition for issue of identity card by the contractor 57 Special condition

DOWNLOADED FROM WEBSITE (CORRIGENDUM DOCUMENT-2) 1T.No.Dy/CE/C/Kota/RMA-BPL/15-16/04

Tenderer/tenderers Dy. Chief Engineer (Const-II)/Executive Engineer (Const)/WCR/Kota

WEST CENTRAL RAILWAY

KOTA DIVISION

ENGINEERING DEPARTMENT(CONSTRUCTION UNIT)

(CONTRACT GOVERENED BY USSR-2011)Two packet system of tendering

TENDER FORM(CORRIGENDUM DOCUMENT)

OFFICE OF THE

DEPUTY CHIEF ENGINEER (CONSTRUCTION)

DIVISIONAL RAILWAY MANAGER’S OFFICE COMPOUND

WEST CENTRAL RAILWAY- KOTA-324002.

TEL-0744-2467086, 0744-2467084, 0744-2467124, FAX-0744-2467123




KOTA DIVISION




OFFICE OF THE




TEL-0744-2467086, 0744-2467084, 0744-2467124, FAX-0744-2467123




KOTA DIVISION




OFFICE OF THE




TEL-0744-2467086, 0744-2467084, 0744-2467124, FAX-0744-2467123



TECHNICAL BID(FIRST ENVELOPE)




Tender Notice No: Dy. CE/C/Kota-11of 2015 Dated: 3 .8.2015Corrigendum No. Dy/CE/C/Kota- 11 of 2015 dated 9.9.2015

TENDER DOCUMENT

1. Name of work : Construction of tunnel and ancillary works includingEarthwork in formation and Construction of minorbridges from Km 57.00 to 61.00 between Jhalawar –Aklera in state of Rajasthan as part of Ramganj mandi –Bhopal New BG Rail line project

2. Approximate cost :` 24,04,51,000/-

3. Earnest Money :` 13,52,260/-

4. Completion Period :18 (EIGHTEEN) Months including monsoonperiod

5. Cost of tender document :` 10,000/-

6 Tender No Dy/CE/C/Kota/ RMA- BPL/15-16/04

Tender Closing date 30.9.2015 at 15.45 hoursTender Opening Date 30.9.2015 at 16.00 hours(Technical Bid)

NOT TRANSFERABLE

Issued by : Dy. Chief Engineer (Const-II) Kota

Issued to :

“THE TENDERERS ARE INSTRUCTED TO QUOTE ONLY SINGLE PERCENTAGE RATE (ABOVE ORBELOW) RAILWAY’S ESTIMATED RATE ON COMPLETE TENDER VALUE. IF SINGLE PERCENTAGEABOVE/BELOW RAILWAY’S ESTIMATED TENDER VALUE AS A WHOLE IS NOT QUOTED ORVARIOUS RATES AGAINST VARIOUS ITEMS/SCHEDULES ARE QUOTED THEN THE TENDER SHALLBE SUMMARILY REJECTED”



CHECK LISTBefore submitting the tender document in tender box please ensure that you have completedfollowing necessary formalities for consideration of your offer. Please also ensure that all documentssubmitted are signed by you or your authorised representative. Please note that this check list is onlyfor your convenience. For more details please go through the tender document:

Sr.No.

Particulars Complied YES or No Details of Supporting document

1 Requisite earnest money in validformat with details of bank.

2 Cost of tender document if downloaded from website.

3 Signature of tenderer/authorizedsignatory on all the pages of tenderdocument & supporting documentalong with address and phone no.for correspondence &communication.

4 Proof of authorization if the firm is apartnership firm/ limited company/HUF/ Joint Venture etc.

5 Copy of partner ship deed/Memorandum of association/Article of association/ Agreement ofHUF/ Joint venture agreement.

6 Proof of contractual turnover forminimum eligibility criteria.

7 Proof of similar nature of work forminimum eligibility criteria.

8 List of completed works as perproforma No. III .

9 List of work in progress as perproforma No-IV

10 List of tools & plats planned to bedeployed for the work.

11 Details of organization, Technicalemployees to be engaged on thiswork.

12 Rates have been filled in the offersheet in words as well as in figures.

13 Test certificates if any required asper tender document.

14 Method statement is signed byyou.



I N D E XPart Description Page No.

TECHNICAL BID (First Envelope) 1-140

Part-I Tender Notice 6-9

Mandate Form 10

Mandatory details. 11

Method of submission of Bid Document 12

Part-II Important notes for intending tenderers 12

Part-III Tender form 14-15

Part-IV Instructions to the tenderers 16-42

Settlement of Disputes- Indian Railway Arbitration rules. 43-46

GCC Clause-65 47-48

Mobilization Advance 49

Appendix. 50

Safety Rules. 51-54

IRPWM/CS 55

Training of Supervisors 56

Special condition for issue of identity card by the contractor 57

Special condition for tenderer when downloading the tender

document from internet.

58

Price variation clause 59-62

Provident fund 63-64

Format for MOU for Joint Venture Agreement 65-67

Model form of Bank Guarantee 68-69

Acceptance of tender 70

Contract Agreement. 71

Supplementary agreement 72

Guide lines for participation of Joint venture 73

Proforma I to IX 74-84

Part-V Scope of work 85-97

Part-VI SPECIAL CONDITION 98-109

Part-VII Technical specification 110-140

FINANCIAL BID (Second Envelope) 143-156

Part-VIII Tender Schedule 143-155

Offer Sheet 156



1.0 Tender Notice Part- I

Tender Notice WEST CENTRAL RAILWAY Open tender

Civil EngineeringDy. Chief Engineer(Const.) , West Central Railway, Kota for and on behalf of President of Union of Indiainvites following open sealed tenders which will be opened as per column 6 below. The duly sealed tenderdocuments should be dropped in the tender box kept in this office on or before 15.45 Hrs on the date ofopening shown against the tenders. The tenders forms shall be sold upto 12.00 hrs on the date of opening.The tender box shall be opened at 16.00 Hrs on the date of opening.

Tender No Descriptionof work

Approx.cost

EarnestMoney

Comp.Period

Date ofOpening

CostofTenderForm

Similarnature ofwork foreligibility

1 2 3 4 5 6 7 8Dy/CE/C/Kota/RMA- BPL/15-16/04

Construction

of tunnel and

ancillary

works

including

Earthwork in

formation and

Construction

of minor

bridges from

Km 57.00 to

61.00

between

Jhalawar –

Aklera in

state of

Rajasthan as

part of

Ramganj

mandi –

Bhopal New

BG Rail line

project

`.24,04,51,000/-

13,52,260/- 18months(includingmonsoon)

15.9.2015At 16.00hrs.(Now30.9.15)

`. 10000/-`..10500/-By post.

“Any

Tunneling

work for

Roads/

Railways/

Hydro-

Electric

Project/

Irrigation

Projects”

THE ABOVE MENTIONED TENDERS SHALL BE DEALT WITH AS TWO PACKET SYSTEM OFTENDERING.

Technical Bid and Price Bid must be submitted in two different sealed envelopes clearly super scribing on



each envelope type of bid i.e. Technical Bid or Price Bid along with the name of firm/ tenderer , TenderNotice No and Name of Work as per requirement given in the tender document.

The Joint Venture (JV) is permitted for the work as per the guidelines in the tender document. In case ofJoint Venture firms participating in the tender, all conditions mentioned in GCC Clause 65 {Guidelines forparticipation of joint venture (JV) Firms} are to be strictly adhered to, and all necessary documents shouldbe enclosed by JV Firm along with the technical bid, otherwise the offer shall not be considered for furtherevaluationMinimum Eligibility Criteria-Following criteria is required to be fulfilledThe tenderer, other than JV, should fulfill the Eligibility Criteria mentioned at para (A)and(B)below:

Tenderer shall fulfill following eligibility criteria regarding Turnover and “Similar nature of work” either as anindividual or Partnership firm, Company.

(A) Turn Over :-Total contract amount received during the last three financial years and in the current financial year should be aminimum of 150% of advertised tender value as per audited balance sheet duly certified by the charteredaccountant. For the last financial year ended and /or the current financial year if audited balance sheet notavailable contractual amount received duly certified by the chartered accountant should be submitted as a proofof turnover. Alternatively at least payment certificate from central Govt/State Govt/ central PSU’s and other Govt.agencies for minimum of 150% of advertised tender value may be submitted.

(B)Similar Nature of work.Should have physically completed in last three financial years (i.e. current year and three previous financial years)at least one work of “Similar Nature”, ( As mentioned in column 8 ) for a min. value of 35% of advertised tendervalue of work. In case the tenderer has completed a composite /combined work having element of ”Similar Work”the submission of documentary proof of having successfully completed separable, respective “Similar Nature”ofwork valuing minimum 35% of the advertised value in a composite/combined work shall be considered sufficient.The JV Firm should fulfill the Eligibility Criteria mentioned at para (C) and (D) below:(C) Either the JV Firm or Lead Member of the JV Firm must have satisfactorily completed in the last threeprevious financial years and the current financial year upto the date of opening of the tender, one similar singlework for a minimum of 35% of estimated value of the tender.Similar nature of work means: “As described in Column-8.

NOTEValue of a completed work done by a Member in an earlier JV Firm shall be reckoned only to the extent ofthe concerned member's share in that JV Firm for the purpose of satisfying his/her compliance to theabove mentioned technical eligibility criteria in the tender under consideration.

(D) The contractual payments received by the JV Firm or the arithmetic sum of contractual payments received byall the members of JV Firm in the previous three financial years and the current financial year up to the date ofopening of tender shall be at least 150% of the estimated value of the work as mentioned in the tender.

NOTEContractual payment received by a Member in an earlier JV Firm shall be reckoned only to the extent ofthe concerned member's share in that JV Firm for the purpose of satisfying compliance of the abovementioned financial eligibility criteria in tender under consideration.

Documents to be submitted along with tender-The tenderer is required to submit the following documents along with the tender:1. Earnest money deposit in proper form.2. Power of attorney, if any.3. Tender document duly signed and complete in all respect.4. Partnership deed /association deed/as the case may be duly notarized/ registered.5. Audited balance sheet duly certified by the chartered accountant . For the last financial year ended and /orthe current financial year if audited balance sheet not available contractual amount received duly certified by the



chartered accountant should be submitted as a proof of turnover. Alternatively at least payment certificate fromcentral Govt./State Govt./central /PSU’s and other Govt. agencies for minimum of 150% of advertised tendervalue may be submitted.

In addition to above contractor will have to submit following documents along with the tender:(Technical Bid)(a) List of personnel organization available on hand and proposed to be engaged for the subject work.(b) List of plant & machinery available on hand (own) and proposed to be inducted (own and hired tobe given separately) for the subject work.(c) List of works completed in the last three financial years giving description of work, organization forwhom executed, approximate value of contract at the time of award, date of award and date of scheduledcompletion of work. Date of actual start, actual completion and final value of contract should also begiven.(d) List of works on hand indicating description of work, contract value, and approximate value ofbalance work yet to be done and date of award.

NOTE: (1) In case of items(c) & (d) above, supportive documents/certificates from the organizationswith which they worked/are working should be enclosed.

(2) Certificates from private individuals for whom such works are executed/beingexecuted should not be accepted.

All documents must be submitted along with tender document duly self attested by the tenderer.Only verification, clarification if required shall be got done after opening of the tender.Tender documents downloaded from internet.From 15 days prior to the specified date of opening, the tender forms are available on sale in the office ofDy CE/C, WC Rly Kota after remittance of the cost of tender form. The amount towards the cost of tenderform may be remitted to the Divisional cashier ( Pay ) , W.C. Railway, Kota, JBP, BPL or any stationmaster/ station superintendent on WC Railway and the money receipt obtained thereof should besubmitted to this with a requisition for issue of tender forms. The tender forms are not transferable andcost of tender form is not refundable. This office will not entertain direct payment.The tender notice is also available on Web site http://wcr.indianrailways.gov.in from 30 days prior to thespecified date of opening. The prospective tenderers are advised to regularly visit websitehttp://wcr.indianrailways.gov.in before the date of opening to note any changes /corrigenda for the tender.Tenderer(s) who are submitting downloaded ( from website ) tender document, must enclose with tenderform a demand draft/banker cheque issued by any nationalized bank in favor of Dy FA & CAO (C) ,WCRailway, Kota payable at Kota towards the cost of tender document. Money receipt obtained fromdivisional cashier or any station master / station superintendent of WC Railway towards the cost of tenderform is also acceptable. Tender offers, with downloaded tender form, not accompanying with the requisitecost of tender form in proper form will be summarily rejected.Earnest Money“ THE EARNEST MONEY SHOULD BE IN CASH OR BANKERS CHEQUES/ DEMAND DRAFTIN FAVOUR OF “DY.FA& CAO(C )WCR-KOTA” EXECUTED BY STATE BANK OF INDIA ORANY OF THE NATIONLISED BANKS OR BY A SCHEDULED BANK.”The earnest money wherever it is deposited in cash should be remitted to the Chief Cashier, WestCentral Railway-Jabalpur or to the Divisional Cashiers and the receipt obtained should be enclosedwith the tender as a proof of the deposit of requisite earnest money. The earnest money should notbe deposited at stations. Tenders unaccompanied with requisite Earnest Money or received inany other form than those mentioned above shall be summarily rejected.

Pre-bid meeting in connection with tendered work will be held 11.9.2015(Now 23.9.15) inoffice of Dy/CE/C-II/KotaThe Joint Venture firm shall be required to submit Earnest Money Deposit (EMD) alongwith the tender interms of the provisions contained in Para 5 (Earnest Money) of Part-I of GCC.

Cost of Tender form (Non refundable) : For each set of tender form by postal delivery, demanddraft/Bankers Cheque from any nationalised bank drawn in favour of Dy. FA & CAO(C ) W.C.Railway, Kota payable at Kota towards cost of tender form as per column 7 above should be



submitted. For Postal Delay Railway will not be responsible.

The tender box is kept in the office of Dy CE (Construction), WC Railway, Kota for dropping oftenders. The sealed tender document should be dropped on any working day during office hours inthe tender box upto 15.45 hrs on specified date of opening. Tender box will be closed at 15.45 hrson specified date of opening. Tenders received after closing of tender box will not be entertained.The closed tender box will be opened at 16.00 hrs on the same day. If any of the tenderer or hisauthorized representative want to be present at the time of opening of the tenders he may do so.Tender documents, duly filled in and sealed, may be sent to the office by Dy CE (Construction),W.C.Rly Kota by Post. However, tenderers are advised to post the tender well in advance so as toreach in time. Railway shall not be responsible for any delay in transit or loss whatsoever withregard to tender documents received by post. Tenderers are also advised to clearly mention thename of the work, tender notice no. and date of opening at the top of the envelope and it should beenclosed in another envelope to avoid opening inadvertently. Name of the work, tender notice noand date of opening should be mentioned on both the envelopes.In case it happens to be holiday on the date of opening, the tender will be opened on next workingday at same time of opening. The validity of the offer shall be 180 days from the date of opening ofthe tender.

Tender Notice No Dy.CE./C/Kota 11 of 2015 Dated 3 . 8.2015

Dy. Chief Engineer(C-II),West Central Railway, Kota

For & Behalf of the President of Union of India

Tender Notice WEST CENTRAL RAILWAY Open tender

CorrigendumCivil Engineering

The following tender is due for opening on 15.9.2015. Now the tenders will be opened on30-9-2015 with revised tender documents. The details of tenders are as under-Tender No Description of work Date of

OpeningDate of pre bidmeeting

1 2 6 9Dy/CE/C/Kota/ RMA-BPL/15-16/04

Construction of tunnel and ancillary worksincluding Earthwork in formation andConstruction of minor bridges from Km 57.00to 61.00 between Jhalawar – Aklera in state ofRajasthan as part of Ramganj mandi – BhopalNew BG Rail line project

30.9.2015At 16.00 hrs

23.09.15at 11.00 hrs.

Other terms and conditions of tender notice remains same.Pre bid meeting shall be held on 23.9.2015 in the chamber of Dy.Chief Engineer (Construction-II)Kota

Dy. Chief Engineer(C-II),West Central Railway, Kota

For & Behalf of the President of Union of India.

Tender Notice No Dy.CE./C/Kota 11 of 2015 Dated 9.9.2015



1.1 MANDATE FORM

TENDER NOTICE NO.:Dy/CE/C/Kota/11 of 2015 dated 3.8.2015Corrigendum dated 9.9.2015

1. PARTICULARS OF THE PARTY:

a) NAME:

b) ADDRESS:

c) PHONE NO.:MOBILE: FAX.No.:

d) I. TAX PANNo.: E.MAIL:

2. PARTICULARS OF BANK ACCOUNT:

a) BANK NAME:

b) BRANCH:

c) BANK ADDRESS:

d) BANK TEL No.: FAXNo.:

e) BANK MICR CODE(9DIGIT): BANK IFS CODE.:

f) BANK ACCOUNT No.:

g) ACCOUNT TYPE: SAVINGS/CURRENT/CASH CREDIT LEDGER F/NO.:

3. DECLARATIONBY THE PARTY:I hereby, declare that the particulars given above are correct and complete. If the transaction isdelayed or not effected at all for reasons of incomplete or incorrect information the User Institution,i.e. Dy.FA&CAO/C/WCR-Kota will not be held responsible. I have understood the scheme andagree to discharge the responsibility expected from me as a participant under the scheme. I alsoundertake to acknowledge/intimate the concerned Railway Administration (Dy.FA&CAO(C ) WCR-Kota on receipt of each payment from Railways.

One cancelled cheque/photo copy of the cheque duly carrying IFS Code is enclosed. Certifiedthat the particulars furnished above are correct as per our records.

.Signature of the tenderer

Name of signatory_



1.2 Mandatory details to be filled in by tenderer while submitting their offer:

1 Constitution of the firm/Concern(Tick as applicable)

Sole Proprietorship/ Partnership Firm /Company/JV/Society

2 Full name of SoleProprietorship/ Partnership firm/Company/ JV/ Society (as thecase maybe)

3 Year of formation/Incorporation

4 PAN NO.

5 Registered Office Address

6 Address on whichcorrespondence regarding thistender should be done

7 Names of the Proprietor/Partners/JVmembers etc

8 Details of EMD submitted.



1.3 Method of submission of Bid Documents

The tender shall be submitted as per “two packet system” as described below:-

(1) The sealed envelope super scribed as Technical Bid must contain the Technical Bid documentsalong with the documents in support of fulfilling the eligibility criteria & other requirements asasked for this work duly signed on each page. The other sealed envelope as Price Bid mustcontain the Price Bid document along with quoted rate sheet duly signed on each page.

(2) Technical bid and Price Bid must be submitted in two different sealed envelopes clearly superscribing on each envelope type of Bid i.e. Technical Bid or Price Bid.

(3) If Technical Bid & Price Bid is submitted in one single envelope, unless they are in two differentsealed envelopes duly super scribed as detailed above, the tender shall be summarily rejected.

(4) If both the offers i.e. Technical Bid & Price Bid are not submitted simultaneously upto theprescribed time and date of opening, the tender offer shall summarily be rejected.

(5) The requisite EMD and cost of tender document must be submitted along with the TechnicalBid Documents in Technical Bid envelope only. Otherwise, the tender shall summarily be rejected.Tenders unaccompanied with requisite Earnest Money or received in any other form thanthose mentioned shall be summarily rejected.

(6) No document/reference connected with Price Bid shall be enclosed with Technical Bid documentsin Technical bid envelope. Otherwise, the tender will summarily be rejected. The offer of rates andPrice Bid document must be submitted in Price Bid envelope only.

(7) THE TENDERERS ARE INSTRUCTED TO QUOTE ONLY SINGLE PERCENTAGE RATE (ABOVE ORBELOW) RAILWAY’S ESTIMATED RATE ON COMPLETE TENDER VALUE IN THE PRICE BID ONLY. IFSINGLE PERCENTAGE ABOVE/BELOW RAILWAY’S ESTIMATED TENDER VALUE AS A WHOLE ISNOT QUOTED OR VARIOUS RATES AGAINST VARIOUS ITEMS/SCHEDULES ARE QUOTED THEN THETENDER SHALL BE SUMMARILY REJECTED.

(8) Tenderer(s) must give their complete postal address of correspondence correctly with Pin codein the “TOP SHEET” and “Mandate form” as provided in the technical bid of tender document.Railway shall not be responsible for any failure of dispatch of letter by the Postal Department.The tenderer or his authorized representatives m a y attend the opening of Technical Bid andPrice Bid on the specified dates & timings and place.

(9) The copies of the various letters/documentary proofs/statements etc. should be enclosed withTechnical Bid and shall be properly indexed.

(10) Please do not leave any lapses which may lead to declaration of your offer as INVALID.

(11) All documents must be submitted along with tender document duly self attested by thetenderer. No additional documents shall be entertained for evaluation of offer other thansubmitted along with the technical Bid. Only verification, clarification if required shall be gotdone after opening of the tender.

(12) Special conditions quoted by the tenderer-Normally the tenderer is not expected to quote any special condition. The railway reserves the rightnot to consider conditional tenders and reject the same without assigning any reason. Only thoseadditional conditions, which are explicitly accepted by Railway, shall form part of the contract.

(13). (As per Clause 7 of GCC )An affidavit is required to be submitted by all tenderers (as given inProforma ix). Based on this affidavit, Tender Committee will deliberate and decide eligibility oftenderers for first packet.



Part-II

2.0 MPORTANT NOTES FOR INTENDING TENDERERS2.1 Items to be ensured by tenderer:2.1.1 The offer page has been signed with full name, address, filling all the blanks and required columns.2.1.2 The validity prescribed by the Railway in Conditions of Tender is accepted.2.1.3 Tenderer should not quote special conditions of their own as they are likely to vitiate the tender and

make it prone to rejection.2.1.4. All pages are signed, corrections neatly scored out and initialed.2.1.5 Please do not leave any lapses which may lead to declaration of your offer as INVALID.2.1.6 The tenderers should please note that the item and rates of Master Schedule items are based UNIFIED-

SSR-2011 of WCR (WORKS AND MATERIALS) As such wherever it is shown and written as UNIFIED-SSR-2011 of WCR (WORKS AND MATERIALS) in the tender form, should be read as UNIFIED-SSR-2011 of WCR (WORKS AND MATERIALS) only.

2.1.7 All the documents submitted by the tenderer in support of his credentials/scheme etc Should be self attested.2.2. Documents to be enclosed along with the tender

The tenderer is/are required to produce following documents along with original tender papers duly filled in& signed on all pages.

(i) Earnest money in proper Form.(ii) Power of attorney if any.(iii) Tender document duly signed and complete in all respect.(iv) Partnership deed/association deed/Joint Venture as the case may be duly notarized/registered.(v) Statement showing contractual payment received by the firm during last three years and current financial

year up to date of opening of tender as per audited balance sheet duly certified by Chartered Accountantetc. or attested certificate from the employer/client/Chartered Accountant etc.

(vi) Certificate from the relevant controlling competent authority indicating value of work of similar naturecarried out by the firm during the last three years.

(vii) In addition to above contractor will have to submit following documents along with the tender.(a) List of Personnel, Organization available on hand and proposed to be engaged for the subject work.(b) List of Plant & Machinery available on hand (own) and proposed to be inducted (own and hired to be

given separately) for the subject work.(c) List of works completed in the last three financial years giving description of work, organization for whom

executed, approximate value of contract at the time of award, date of award and date of scheduledcompletion of work. Date of actual start, actual completion and final value of contract should also begiven.

(d) List of works on hand indicating description of work, contract value, and approximate value of balancework yet to be done and date of award.Please note that –

In case of items(c) & (d) above, supportive documents/certificates from the organizations with whomthey worked/are working should be enclosed.

Certificates from private individuals for whom such works are executed/being executed should not beaccepted.

2.2.1 Above details are to be furnished by tenderer in the Performa detailed below-Proforma No: I, II, III, IV, V A & B, VI & VII (attached herewith)Proforma No: I : Particulars of tenderer.Proforma No: II : Details of works activities similar to tendered work.Proforma No: III : Details of all Civil Engg. Works carried out during past 3 years.Proforma No: IV : Details of Civil Engineering works in hand.Proforma No: V-A : Details of Plant & Machinery owned by the Tenderer.Proforma No: V-B : Details of Plants and Machinery proposed to be hired for work.Proforma No V-C : Details of payments received during last 3 years.Proforma No: VI : Particulars of Technical staff to be employed on the work.Proforma No: VII : Particulars of site conditions.

2.3 Documents to be enclosed by the JV firm along with the tender (applicable for tenders costingmore than Rs. 10.00 crore)As per Joint venture GCC clause 65.



Part-III3.0 TENDER FORM

Tender No: Dy/CE/C/Kota/ RMA- BPL/15-16/4Name of work: Construction of tunnel and ancillary works including Earthwork in formation and

minor bridges from Km 57.00 to 61.00 between Jhalawar – Aklera in state ofRajasthan as part of Ramganj mandi – Bhopal New BG Rail line project

To,

The President of India,Acting throughDy.Chief Engineer (Construction-II)West Central Railway-Kota.

I/We . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . have read the various conditions to tenderattached hereto and hereby agree to abide by the said conditions. I/We also agree to keep this offer openfor acceptance for a period of 180 days from the date fixed for opening the same.

I/We offer to do the work for of tender for “Construction of tunnel and ancillary works includingEarthwork in formation and minor bridges from Km 57.00 to 61.00 between Jhalawar – Aklera instate of Rajasthan as part of Ramganj mandi – Bhopal New BG Rail line project ”to complete thework 18 (Eighteen ) Months including monsoon period from the date of issue of acceptance letter.

3.1. I/We also hereby agree to abide by the General Conditions of Contract corrected up to date andto carryout the work according to the Special Conditions of Contract & Specifications of materialsand work as laid down by the Railway in the annexed Special Conditions, Specifications andStandard Schedule of rates corrected up to date.

3.2. A Sum of Rs. 13,52,260/- is herewith forwarded as Earnest Money. The total value of theearnest money shall stand forfeited without prejudice to any other rights or remedies in casemy/our Tender is accepted and if:

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

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

(c) I/We resile from my/our offer or modify the terms and conditions thereof in a manner notacceptable to the West central Railway during a period of 180 days from the date ofopening of the tender and;

(d) I/we do not submit a performance Guarantee (PG) in any of the form as prescribed in clause 7.2 of“ Special tender conditions and instructions to tenderer amounting to 5% of contract value as perthe Performa as prescribed by the Railways, within 30 (Thirty) days from the date of issue of letterof acceptance (LOA) or 60 (sixty) days, if the extension of time for submission of PG beyond 30days and up to 60 days is given by competent authority along with interest @ 15% per annum forthe delay beyond 30 days and up to 60 days from the date of issue of LOA. I/We shall also bedebarred from participating in re-tender of the above work, in case, I/We failed to submit the PG asstipulated above.



(e) The performance Guarantee shall be initially valid up to the stipulated date of completion plus 60days beyond that. In case, the time for completion of work gets extended, the contractor shall getvalidity of performance Guarantee extended to cover such extended time of work plus 60 days.Further in case during the course of execution of work, value of contract increases by more than25% of the contract value, an additional performance Guarantee amounting to 5% (five percent)for the excess over the original contract value shall be deposited by the contractor.

3.3 Until a formal agreement is prepared and executed, acceptance of this tender shall constitute abinding contract between us subject to modifications, as may be mutually agreed to between usand indicated in the letter of acceptance of my/our offer for this work.

3.4. I/ We hereby certify that no retired Engineer/Gazetted officer of the Railway’s who has retiredwithin One years of date of submission of tender and has not obtained permission of competentauthority has been engaged by me/our firm. I/We also certify that none of my relative is engagedin Engineering Department in West Central Railway.

Signature of Witness Signature of Tenderer(s)

(1) . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address of the Tenderer(s)



Part-IV4.0 INSTRUCTIONS TO THE TENDERER-

4.1 DEFINITION:

4.1.1 MEANING OF TERMS:In these Regulations for Tenders and Contract the following terms shall have the definitions meanings

assigned hereunder except where the context otherwise required.

(a) Railway shall mean the President of the Republic of India or the Administrative officers of the West

Central Railway or of the Successor Railway authorized to deal with any matters which these presents

are concerned on his behalf.

(b) General Manager shall mean the officer in administrative charge of the whole of Railway or exercising

the powers of General Manager for the subject contract and shall mean and include the General

Manager of the successor Railway.

(c) Chief Engineer/Chief Administrative Officer (Construction) shall mean the officer in administrative

charge of whole of Construction Organization of the West Central Railway or the successor Railways.

(d) Chief Engineer shall mean the officer in charge of the Engineering Department of West CentralRailway and shall also include the Chief Engineer (Construction)/Chief Project Manager and shall

mean and include the Chief Engineer/Chief Engineer(Construction)/Chief Project Manager of the

successor Railway.

(e) Engineer shall mean the Divisional/District Engineer or the Executive Engineer in executive charge ofthe works and shall include the superior officers of the Engineering Department of the West Central

Railway i.e. The Dy. Chief Engineer/Chief Engineer/ Chief Engineer (Construction)/ Engineer-in Chief/

Chief Project Manager and shall mean and include the Engineers of the successor Railway.

(f) Engineer's Representative shall mean the Assistant Engineer in direct charge of the work and shallinclude any Resident Engineer or Section Engineer or any Inspector of the Civil Engineering Department

appointed by the West Central Railway and shall mean and include the Engineer's Representative of the

successor Railway.

(g) Contractor shall mean the person firm or company whether incorporated or not who enters into thecontract with the Railway and shall include their executor’s administrators, Successors and permitted

assigns.

(h) Divisional Railway Manager shall mean the Administrative Officer in charge of a Division of West

Central Railway for the time being and shall mean and include the Divisional Railway Manager of the

successor Railway.

(i) Tenderer shall mean the persons, the firm/Co-operative or company who tenders for the work with a

view to execute the works on contract with the Railway and shall include their personal representatives,

successors and permitted assigns.

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

of Contractors with the Railway.

(k) Open Tenders shall mean tenders invited in open and public manner and with adequate notice.(l) Works shall mean the works contemplated in the drawings and schedules set forth in the tender forms



and description of contract and required to be executed according to specifications.

(m) Specifications shall mean the specifications for INDIAN RAILWAY UNIFIED STANDARDSPECIFICATION(WORKS & MATERIALS) Issued under the authority of the or as amplified, added to or

superseded by special specifications if any, appended to the Tender forms.

(n) Schedule of Rates- shall mean the UNIFIED SCHEDULE OF RATES OF WEST CENTRAL RAILWAY

issued under the authority of the Principal Chief Engineer from time to time.

(o) Drawing shall mean the drawings, plans and tracings or prints thereof annexed to the Tender Forms or

provided subsequently.

4.2 SINGULAR & PLURAL: Meaning of words4.2.1 Words imparting the singular number shall also include the plural and vice versa where the context

requires.4.2.2. These Regulations for Tenders and Contracts shall be read in conjunction with the General Conditions of

Contract which are referred to herein and shall be subject to modifications, additions or super session byspecial conditions of contract and/or special specifications if any, annexed to the Tender Forms.



4.3 DETAILS OF WORK.Construction of tunnel and ancillary works including Earthwork in formation and minor bridgesfrom Km 57.00 to 61.00 between Jhalawar – Aklera in state of Rajasthan as part of Ramganj mandi– Bhopal New BG Rail line project.

Scope of work is given at page No.85-86 –Under Part-V

4.4 TENDER DOCUMENTS4.4.1 SUBMISSION OF TENDERS.4.4.1.1 The tender documents consist of (a) Tender form (First sheet) (b) Special Tender Conditions

and Instructions to tenderer/s (c) Special Conditions relating to site data and specifications (d)Schedule of Items, Rates, and Quantities. These must be submitted as directed in the coveringnote failing which the tender is liable to be rejected.

4.4.1.2 Tender documents can be had from the office of Dy. Chief Engineer/Const, West CentralRailway, Kota on any working day i.e.10.00 hrs 17.30 hrs. from 16.9.2015 to 29.9.2015 on cashpayment of Rs. 10000/- (Rupees Ten thousand only ) only per set, and Rs. 10500/- (Rupees Tenthousand five hundred only ) if required by post. The cost of tender documents is non refundableand tender document is not transferable. Request for tender by post must accompany demanddraft of Rs. 10500/--(Rupees Ten thousand Five hundred only) in favour of DyFA & CAO/Const.,West Central Railway, Kota

(a) Cost of Tender DocumentsTender documents are available on West Central Railway web site i.e.www.wcr.indianrailways.gov.inand the same can be downloaded and used as tender documentfor submitting the offer. This facility is available free of cost. However the cost of tenderdocuments as indicated above in para 4.4.1.2 will have to be deposited by the tenderer in theform of a bank draft payable in favour of DyFA&CAO/C, West Central Railway, Kota along withthe tender document. This should be paid separately not included in the Earnest Money. In case,tender is not accompanied with the cost of the tender documents as detailed above, tender will besummarily rejected.

4.4.1.3 These tender documents must be submitted duly completed in all respects, in a sealed coversuper scribed as tender form for the work “As on top sheet" and should be deposited in theTender Box in the office of Dy. Chief Engineer/Const, West Central Railway, Kota-on or before upto 15.45hrs. on 30.9.2015. The tenders will be opened at 16:00 hrs. Thereafter rates/ conditionsas applicable for mode of opening will be read out in the presence of tenderers. Tenders, whichare received after the time and date specified above, may not be considered. In case the intendeddate for opening of tenders is declared holiday, the tenders will be opened on the next workingday at the same time.

4.4.1.4. Tenders sealed and super scribed as aforesaid can also be sent by registered post addressed toDy. Chief Engineer/Constn, West Central Railway, Kota office so as to reach not later than dateand time specified above . tender which is received after the time and date specified in Clause4.4.1.3 above may not be considered. Any tender delivered or sent otherwise will be at the riskof the tenderer/s.

4.4.1.5 The time of closing of sale and closing of tender Box shall be reckoned as per the wall clockavailable in office of Dy.Chief Engineer (Const) Kota

4.5 SUBMISSION OF RATE4.5.1. “THE TENDERERS ARE INSTRUCTED TO QUOTE ONLY SINGLE PERCENTAGE RATE

(ABOVE OR BELOW) RAILWAY’S ESTIMATED RATE ON COMPLETE TENDER VALUE. IFSINGLE PERCENTAGE ABOVE/BELOW RAILWAY’S ESTIMATED TENDER VALUE AS AWHOLE IS NOT QUOTED OR VARIOUS RATES AGAINST VARIOUS ITEMS/SCHEDULESARE QUOTED THEN THE TENDER SHALL BE SUMMARILY REJECTED”



4.5.2. The rate should be quoted in figures as well as in words. If there is variation between the ratesquoted in figures and in words, the rate quoted in `words' shall be taken as correct. If more thanone or improper rates are tendered for the same item, the tender is liable to be rejected.

4.5.3 Each page of the tender papers is to be signed and dated by the tenderer/s or such person/s onhis/their behalf who is/are legally authorized to sign for him/them.

4.5.4 Tenders containing erasures and alterations of the tender documents are liable to be rejected. Anycorrections made by the tenderer/s in his/their entries should be in INK and must be attested byhim/them under full signature and date.

4.5.5. Additional conditions or stipulations if any must be made by the tenderer/s in a covering letter withthe tender. The Railway reserves the right not to consider conditional tenders and reject the samewithout assigning any reason. Only those additional conditions, which are explicitly accepted bythe Railway, shall form part of the contract.

4.6 CREDENTIALS TO BE SUBMITTED BY TENDERER/S ALONGWITH TENDER DOCUMENTS(APPLICABLE ONLY FOR WORKS COSTING MORE THAN Rs. 50.00 LACS).

4.6.1 Tenderer/s should enclose documents and certificates to show that he/they has/have satisfactorilycarried out works of the type involved in the construction of the work being tendered for. He/theyshould also produce proof to the satisfaction of the Railway of his/their technical ability andfinancial stability to undertake the work of the magnitude tendered for.

4.6.2 The tenderer/s shall submit with his/their tender a list of serviceable machinery, tools and plants,equipment’s and vehicles he/they has/have in hand for executing the work and those he/theyintends/intend to purchase.

4.6.3 The tenderer/s must submit, along with his/their tender: -

i) A Statement showing similar works executed by him/them.

ii) Certificates of successful completion of his/their work

iii) A statement of all payments received against all successfully completed work/works inprogress of all types (not necessarily similar in type of work in this tender) indicating theorganization/ units from which the payments have been received. Necessary certificates inthis regard, from the authorities, who made the payments for three preceding years shouldbe enclosed, duly attested

iv) A List of their Engineering Organization and equipment’s, construction Tools and Plantsavailable with them.

4.6.3 (A) Technical eligibility criteria

i) (a) “ As a proof of technical experience/competence, the tenderer should have completedsuccessfully at least one similar single work for a minimum value of 35% of advertisedtender value, including cost of cement and steel, in last Three Financial Years (i.e.Current year and Three Previous Financial Years) up to the date of opening of thetender.”

The Similar nature of work is defined as under:

“Any Tunneling work for Roads/ Railways/ Hydro- Electric Project/ IrrigationProjects”



4.6.3.(b) The following will be applicable for evaluating the eligibility.

(ii) Similar nature of work physically completed within the qualifying period, i.e. last three financialyears and current financial year (even though the work might have commenced before thequalifying period) should only be considered in evaluating the eligibility criteria.

(iii) The total value of similar nature of work completed during the qualifying period and not thepayment received within qualifying alone shall be considered. In case, the final bill of similarnature of work has not been passed and final measurements have not been recorded, the paidamount including statutory deductions shall be considered. If final measurements have beenrecorded and work has been completed with negative variation, then also the paid amountincluding statutory deductions shall be considered.

However, if final measurements have been recorded and work has been completed with positivevariation but variation has not been sanctioned, original agreement value or last sanctionedagreement value whichever is lower should be considered for judging eligibility.

(iv) In case of composite works involving combination of different works, even separate completedworks of required value should be considered while evaluating the eligibility criteria.

For example, in a tender for bridge work where similar nature of work has been defined as bridgework with pile foundation and PSC superstructure, a tenderer, who had completed one bridgework with pile foundation of value at least equal to 35% of tender value and also had completedone bridge work with PSC superstructure of value at least equal to 35% of tender value should beconsidered as having fulfilled the eligibility criterion of having completed single similar nature ofwork.

4.6.3 (B) Financial Eligibility Criteria

i) As a proof of sufficient financial capacity and organizational resources, contractor should havereceived the total payments against satisfactory execution of all completed/ongoing works of alltypes (not confined to only similar works) during the last three financial years and in the currentfinancial year (up to the date of opening of the tender) of a value not less than 150% of theadvertised cost of work including the cost of cement and steel as per audited balance sheet dulycertified by charted Accountant

ii) “For judging the technical eligibility and financial capability. It should be noted that credentials forthe works executed for Private Organizations shall not be considered. For the last financial yearended and /or the current financial year if audited balance sheet not available contractual amountreceived duly certified by the chartered accountant should be submitted as a proof of turnover.

iii) The tenderer/s/contractor shall submit a statement of contractual payment received during thelast three financial years and current year on the prescribed Performa as detailed at Proforma V-C. The details shall be based on the form 16-A issued by employer i.e. the certificate of deductionof tax at a source under Section 203 of the Income Tax Act, 1961. The photocopies of the form16-A shall be enclosed duly attested by Notary public with seal and Notarial stamps thereon.

iv) If a tenderer has completed a work of similar nature where cement and steel was issued bydepartment free of cost, tenderer must submit the completion certificate indicating cost of thesematerials and total cost of work (including cost of cement/steel) shall be considered to decideeligibility or otherwise.

v) The overall financial soundness of the Tenderer/s will be evaluated based upon the volume of thework handled, Turn over, Balance sheet etc. Tenderer/s will accordingly furnish these particulars



for the last three years (i.e. current year and three previous financial years) duly supported bylatest Audited results/Balance sheets.

vi) Tenderer has to satisfy the eligibility criteria for technical capability and competence as well as forfinancial capacity and organizational resources.

vii) If the tenderer is a JV, each partner of JV should have good Credentials and the JV should meetthe Technical and Financial Eligibility Criteria as per the guide lines given in Annexure ‘K’ .

4.7 CONSTITUTION OF THE FIRM

4.7.1 The tenderer/s who are constituents of firm, company or society must necessarily enclose theattested copies of the constitution of their concern, partnership deed and power of attorney alongwith their tender. Tender documents in such cases are to be signed by such persons as may belegally competent to sign them on behalf of the firm, company, or society as the case may be.The Co-operative societies must likewise submit a attested copy of their certificate of registrationalongwith the documents as above mentioned.

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

(A) Sole Proprietorship firm:

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

(B) Partnership firm:

If the tender is submitted on behalf of a “Partnership firm/concern”, the tenderer must submitalong with the offer (1) Notary certified copy of the partnership Deed. The partnership firmshould be registered by registrar of firms either at the time of submission of tender or willget themselves registered before signing the contract agreement and (2) Notarized power ofattorney / Authorization , in original, infavour of the individual signing the tender.

(C) Joint Venture (JV):

If the tender is submitted on behalf of a JV, the tenderer must submit documents as mentioned inclause 65 of GCC,

(1) Original copy of MOU/JV agreement duly notarized in accordance with the annexure F to “SpecialTender Conditions and instructions to tenderers” of tender document, duly signed by the power ofAttorney (POA) holders/authorized signatories of all the constituents/members of the JV.

(2) Valid power of attorney/authorization by all JV constituents, in favour of the individual signing thetender document on behalf of the JV; and

(3) In addition, following documents must be enclosed by the JV firms along with the tender:-

(i) In case one or more of the members of the JV Firm is/are partnership firm(s), followingdocuments shall be submitted.

(a) Notary certified copy of the partnership deed.The Partnership Firm should be registered byRegistrar of Firms either at the time of submission of tender or will get themselvesregistered before signing the contract agreement.



(b) Consent of all the partners to enter into the Joint Venture Agreement on a stamp paper ofappropriate value (in original).

(c) Power of Attorney (duly registered or notarized as per prevailing law) in favour of one of thepartners of the partnership firm to sign the JV MOU/ Agreement on behalf of the partnership firmand create liability against the firm.

(ii) In case one or more members of JV is/are Proprietary Firm or HUF, the following documents shallbe enclosed:

Affidavit on Stamp Paper of appropriate value declaring that his/her concern is a Proprietaryconcern and he/she is sole proprietor of the concern OR he/she is in position of “Karta” of HinduUndivided Family (HUF) and he/she has the authority, power and consent given by other partnersto act on behalf of HUF.

(iii) In case one or more members of JV is/are limited companies, the following documents shall besubmitted:

(a) Notary certified copy of resolutions of the Directors of the Company, permitting the company toenter into a JV agreement, authorizing MD or one of the Directors or Managers of the company tosign JV MOU/ Agreement and such other documents required to be signed on behalf of thecompany and enter into liability against the company and/or do any other act on behalf of thecompany.

(b) Copy of Memorandum and Articles of Association of the Company.

(c) Power of Attorney (duly registered/notarized as per prevailing law) by the company authorizingthe person to do/act on behalf of the company as mentioned in the para (a) above.

(D)Company:

If the tender is submitted on behalf of a company registered under Companies Act-1956, thetenderer must submit along with the tender, (1) the copies of MOA (Memorandum of Association)& AOA (Article of Association) of the company; (2) POA (Power of Attorney) dulyregistered/notarized by the company (backed by the resolution of Board of Directors) in favour ofthe individual signing the tender on behalf of the company.

(E)Society :

If the tender is submitted on behalf of a society the tenderer must submit along with tender(1)the attested copy of the certificate of registration (2) Deed of formation (3) Power of Attorney infavour of the tender signatory.

4.7.2 If above mentioned documents (as applicable) are not enclosed along with tender documents; thetender shall be treated as having been submitted by the individual who has signed the tenderdocuments. After opening of the tender, any document pertaining to the constitution of thefirm/JV/Society (as applicable), shall neither be asked nor be entertained /considered under anycircumstances and no claim or representation whatsoever from the tenderer in this regard shallbe entertained.

No change in the constitution of the firm/JV/Company shall be permitted after opening of thetender except where necessitated due to the succession law. The “Power of Attorney” in favour ofthe individual signing the tender document may however be accepted subsequently, if acceptablereasons are furnished for the same.

4.7.2.(a) If the tenderer expires after the submission of his tender or after the acceptance of his tender,the Railway shall deem such tender/contract as cancelled, if a partner of firm expires after the



submission of their tender, the Railway shall deem such tender as cancelled unless the firm retainits character.

4.7.2(b) If the contractor’s firm is dissolved on account of death, retirement of any partners or for anyreason whatsoever before fully completing the whole work or any part of it, undertaken by theprincipal agreement the surviving partners shall remain jointly/severally and personally liable tocomplete the whole work to the satisfaction of the Railway and to pay compensation for lossessustained, if any by the Railway due to such dissolution. The amount of such compensation shallbe decided by Chief Engineer/Const. of the Railway and his decision in the matter shall be finaland binding on the contractor.

4.7.2. (c) The cancellation of any documents such as power of attorney, partnership deed etc., shall forthwith be communicated to the Railway in writing, failing which the Railway shall have noresponsibility or liability for any action taken on the strength of the said documents.

4.7.2. (d) The value of contract and the quantities given in the attached schedule of items, rates andquantities are approximate and are given only as a guide. These are subject tovariations/additions and or omission. The quantum of work to be actually carried out shall notform the basis of any dispute regarding the rates to be paid and shall not give rise to claim forcompensation on account of any increase or decrease either in the quantity or in the contractvalue.

4.8 INCOME TAX DEDUCTION

4.8.1 Under Section 194-C of the Income Tax Act 1961 deduction of 2% plus surcharge as applicableon Income Tax will be made for sums paid for carrying out the work under this contract. In case ofsupply contract for ballast, deduction of 2% (Two Percent) Income tax will be made for the sumspaid for labour portion only (i.e., loading, unloading, stacking, measurement and laying etc.)

5.0 EARNEST MONEY:

5.1 The tender must be accompanied by a sum of A sum of Rs. 13,52,260/- (Rupees Thirteen lakhFifty Two Thousand Two hundred Sixty only)(a) 2% for works estimated to cost upto Rs. 1crore) and (b) for works estimated to cost more than Rs. 1 crore – Rs. 2 lakhs plus ½% (halfpercent) of the excess of the estimated cost beyond Rs. 1 crore, subject to a maximum of Rs. 1crore, rounded off to nearest Rs. Ten as indicated in tender notice as earnest money in themanner prescribed in Clause 3.2. Failing which the tender shall be summarily rejected.

5.1.1 Labour Co-operative is required to deposit only 50% of the earnest money as referred to clause5.1 above.

5.1.2 The tenderer/s shall keep the offer open for a period of 180 days from the date of opening of thetender in which period tenderer/s cannot withdraw his/their offer subject to period being extendedfurther, if required, by mutual agreement from time to time. It is understood that the tenderdocuments have been sold/issued to the tenderer/s and tenderer/s is/are being permitted to inconsideration of stipulation on his/their part that after submitting his/their offer he/they will notresile from his/their offer or modify the terms and conditions thereof in a manner not acceptable toWest Central Railway should the tenderer/s fail to observe to comply with the foregoingstipulation or fail to undertake the contract after acceptance of his/their tender the entire amountdeposited as earnest money for the due performance of the stipulation and to keep the offeropen for the specified period, shall be forfeited to the Railway.



If the tender is accepted, the amount of all earnest money will be held as initial security depositfor due and faithful fulfillment of the contract. The earnest money of unsuccessful tenderer/s will,save as herein before provided be returned to the unsuccessful tenderer/s within a reasonabletime, but Railway shall not be responsible for any loss or depreciation that happen to the earnestmoney for the due performance of the stipulation and to keep the offer open for the periodstipulated in the tender documents while in Railway possession nor will be liable to pay interestthereon.

5.2 The Earnest Money of the requisite amount referred to in Clause 5.1 above is required to bedeposited either in cash with the Chief Cashier, West Central Railway, JBP on any working daybefore 12.00 Hrs. on 29.9.2015 or in any of the following forms: -

(i) Banker’s cheque/ demand drafts. Executed by State bank of India or any of thenationalized bank or by a schedule Bank.

(ii) The above instruments should be pledged in favour of DyFA&CAO/Const, West CentralRailway Kota.

(iii) The official cash receipt having a mention of the firm/individual who has deposited thecash or the Banker’s cheque/ demand drafts as mentioned above, as the case may be, isto be attached with the tender, failing which, tender will be summarily rejected.

NOTE:1. Tenders submitted with Earnest money in any form other than those Specified above,

shall not be considered.2. Any request for recovery from outstanding bills for earnest money against present tender

will not, under any circumstances, be entertained.3. No interest will be payable upon the Earnest Money and Security Deposit or amount

payable to the contractor under the contract.6.0 ACCEPTANCE OF TENDER:

6.1 If the tenderer/s deliberately give/s a wrong information/whose credentials/documents in his/theirtender and thereby creates/create circumstances for the acceptance of his/their tender, Railwayreserves the right to reject such tender at any stage, besides, shall suspend the business for oneyear.

6.2 The authority for acceptance of tender rests with Chief Administrative officer/Const./ ChiefEngineer/Const. /Dy.Chief Engineer/Const./ as the case may be who does not undertake toassign reasons for declining to consider any particular tender or tenders. He also reserves theright to accept the tender in whole or in part or to divide the tender amongst more than one tenderif deemed necessary.

6.3 The successful tenderer/s shall be required to execute an agreement with the President of Indiaacting through the Chief Administrative Officer/Const./Chief Engineer/Const./Dy.ChiefEngineer/Const./Executive Engineer/Const. for carrying out of the work as per agreed conditions.

6.4 The contractors operation and proceedings in connection with the works shall at all times beconducted during the continuance of contract in accordance with the laws, ordinance, rules andregulations for the time being in force and the contractor shall further observe and comply withthe bye-laws and regulations of the Govt. of India, State Govt. and of Municipal & otherauthorities having jurisdiction in connection with the works or site over operations such as theseare carried out by the contractor/s and shall give all notice required by such bye-laws andregulations. The Hospital and medical regulations in force for the time being shall also becomplied with by the contractor/s and his workmen.



6.5 The contractor shall be responsible for the observance of the rules and regulations under minesact and mineral rules and Indian Metallurgical rules and regulations of State/Central Govt.concerned as amended from time to time.

6.6 The contractor shall at all times keep the Railway administration indemnified against all penaltiesthat may be imposed by the Govt. of India or State Govt. for infringements or any of the clause ofthe mines act and rules made there under in respect of quarries from which the ballast for theseworks is procured.

6.7 The tenderer/s shall not increase his/their rate in case the Railway Administration negotiates forreduction of rates. Such negotiations shall not amount to cancellation or withdrawals of theoriginal offer and rates originally quoted will be binding on the tenderer/s.

6.8 VARIATION IN QUANTITIES:

(As per Railway Boards L.No.2007/CE-1/CT/18/PtXII dated 31.12.10)6.8.1 Individual NS items in contract shall be operated with variation of plus or minus 25% and payment

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

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

(a)Operation of an item by more than 125% of the agreement quantity needs the approval of anofficer of the rank not less than SA Grade-(i)Quantity operated in excess of 125% but upto 140% of agreement quantity of the concerneditem shall be paid at 98% of the rate awarded for that item in that particular tender.(ii)Quantities operated in excess of 140% but upto 150% of the agreement quantity of theconcerned item shall be paid at 96% of the rate awarded for that item in that particular tender.(iii)Variation in quantities of individual items beyond 150% will be prohibited and would bepermitted only in exceptional unavoidable circumstances with the concurrence of associate financeand shall be paid at 96% of the rate awarded for that item in that particular tender.(b) The variation in quantities as per the above formula will apply only to the Individual items of thecontract and not on the overall Contract value.(c )Extension of quantities beyond 150% of the overall agreemental value should not be permittedand, if found necessary, should only be through fresh tenders or by negotiating with existingcontractor with prior personal concurrence of FA&CAO/ FA&CAO (C) and approval of GeneralManager.

6.8.3 In cases where decrease is involved during execution of contract:(a)The contract signing authority can decrease the items upto 25% of individual item withoutfinance concurrence.(b)For decrease beyond 25% for individual items or 25% of contract agreement value, theapproval of an officer not less than rank of S.A Grade may be taken, after obtaining “No ClaimCertificate” from the Contractor and with finance concurrence, giving detailed reasons for eachsuch decrease in the quantities.(c) It should be certified that the work proposed to be reduced will not be required in the samework.

6.8.4 limit for varying quantities for minor value items shall be 100% (as against 25% Prescribed for otheritems). A minor value item for this purpose is defined as an item whose original agreement value isless than 1% of the total original agreement value.

6.8.5 No such quantity variation limit shall apply for foundation items.6.8.6 As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a

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

6.8.7 For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the



authority in whose powers revised value of the agreement lies.6.8.8 For the tenders accepted at General Manager, variations upto 125% of the original agreement value

may be accepted by the General Manager.6.8.9 For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original

agreement value may be accepted by General Manager.6.8.10 The aspect of vitiation of tender with respect to variation in quantities should be checked and

avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contractagreement) sanction of the Competent Authority as per single tender should be obtained.

7.0 SECURITY DEPOSIT AND PERFORMANCE GUARANTEE ON ACCEPTANCE OF TENDER

7.1 The security deposit/rate of recovery/mode of recovery on acceptance of tender shall be as under-:

(a) The security deposit for each work will be 5% of the contract value,

(b) The rate of recovery will be at the rate of 10% of the bill amount till the full security deposit isrecovered. The total security deposit recoverable from a contractor including the amount ofearnest money deposited with the tender as given in Clause above will not exceed the securityamount recoverable at the rate mentioned above.

(c) For works less than Rs.50 Crores, security deposit will be recovered from the running bills of the

contract and the other mode of collecting security deposit such as security deposit in the form of

instruments like bank Guarantee, Fixed deposit etc. shall not be accepted towards security

deposit. However, for woks of Rs. 50 Crores and above, irrevocable Bank Guarantee can also be

accepted as a mode of obtaining Security deposit. In case the contractor opts for submission of

Bank Guarantee initially at the time of award of contract, then this bank guarantee for 5% of the

contract value less the earnest money deposited shall be submitted by the successful bidder

after the letter of acceptance has been issued, but before signing the agreement. This bank

guarantee shall be initially valid up to stipulated date of completion + maintenance period + 60

days. In case the time for completion of work and/or maintenance gets extended, the contractor

shall get the validity of bank guarantee for security deposit extended to cover such extended time

and maintenance period + 60 days.

The total security deposit recoverable from a contractor including the amount of earnest money

deposited with the tender as given in Clause above will not exceed the security amount

recoverable at the rate mentioned above.The security deposit will be forfeited whenever the

contract is rescinded. The security deposit unless forfeited in whole or in part according to the

terms and conditions shall be released to the contractor only after the expiry of the maintenance

period and after passing the final bill based on ‘No claim certificate’. Thus before releasing the SD,

an unconditional and unequivocal no claim certificate from the contractor concerned should be

obtained. The competent authority should issue the certificate regarding the expiry of the

maintenance period and passing of the final bill based on ‘no claim certificate’. The competent

authority shall be the authority, who is competent to sign this contract. If the competent authority is

of the rank lower than JA grade, then a JA Grade Officer (concerned with the work) should issue

the certificate.



NOTE: -

(i) After the work is physically completed, security deposit recovered from the running bills of acontract can be returned to him, if he so desires, in lieu of FDR/irrevocable Bank Guarantee forequivalent amount to be submitted by him.

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

7.2 Performance Guarantee:

(a) The successful bidder shall have to submit a performance guarantee (PG) within 30 (thirty) daysfrom the date of issue of letter of acceptance (LOA). Extension of time for submission of PGbeyond 30(thirty) days and upto 60 days from the date of issue of LOA may be given by theAuthority 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 dateof issue of LOA. In case the contractor fails of submit the requisite PG even after 60(sixty) daysfrom the date of issue of LOA, the contract shall be terminated by issuing notice under relevantprovisions of General Conditions of Contract duly forfeiting EMD and other dues, if any payableagainst that contract. The failed contractor shall be debarred from participating in re-tender forthis work.

(b) The successful bidder shall submit the performance Guarantee (PG) in any of the following forms,amounting to 5% of the contract value;

(i) A deposit of cash;(ii) Irrevocable Bank Guarantee;’(iii) Government Securities including State Loan Bonds at 5% below the market value;(iv) Deposit Receipts, pay orders, Demand Drafts and Guarantee Bonds. These forms

of performance Guarantee could be either of the State Bank of India or of any of theNationalized Banks;

(v) Guarantee Bonds executed of deposits receipts tendered by all scheduled Banks;(vi) A Deposit in the post office saving Bank;(vii) A Deposit in the National savings Certificates;(viii) Twelve years National Defence Certificates;(ix) Ten years Defence Deposits;(x) National Defence bonds and(xi) Unit trust certificates at 5% below market value or at the face value whichever is less.

and(XII) FDR (free from any encumbrance).

Note: -(c)The instruments as listed above will also be acceptable for Guarantees in case of mobilizationadvance. All the instruments mentioned in (i) to (xii) above should be in favour ofDYFA&CAO/C/WCR/Kota and pledged in favour of DYFA&CAO/C/WCR /Kota

(i) The performance guarantee shall be submitted by the successful bidder after the letter ofacceptance has been issued , but before signing of the contract agreement. This P.G. shall beinitially valid upto the stipulated date of completion plus 60 days beyond that. In case, the timefor completion of work gets extended, the contractor shall get the validity of PG extended tocover such extended time for completion of work plus 60 days.

(ii) If railway PSUs are awarded contracts through competitive bidding (open tender, SpecialLimited tender etc.) the normal rule regarding submission of performance guarantee asapplicable to other tenderer/s shall be applicable to these PSUs.



(iii) Wherever the railway PSUs are awarded works contracts by Railways, on single tender basis,they are exempted from the requirement of submitting performance guarantee.

(iv) However, in the event of failure of the railway PSU to be successfully executing the contract asper terms and conditions laid down in the agreement, a penalty equivalent to 5% of the originalvalue of contract would be levied.

(d) The value of PG to be submitted by the contractor will not change for variation upto 25% (eitherincrease or decrease). In case during the course of execution, value of the contract increases bymore than 25% of the original contact value, and additional performance guarantee amounting to5%( five percent) for the excess value over the original contract value shall be deposited by thecontractor.

(e) The performance guarantee shall be released after physical completion of the work based on‘Completion Certificate’ issued by the competent authority stating that the contractor hascompleted the work in all respects satisfactorily. The certificate, interalia, should mention that thework has been completed in all respects and that all the contractual obligations have been fulfilledby the contractor and that there is no due from the contractor to railways against the contractconcerned. The competent authority shall normally be the authority who is competent to sign thiscontract. If the competent authority is of the rank lower than JA grade, then a JA grade Officer(concerned with the work) should issue the certificate. The security Deposit shall, however, bereleased only after expiry of the maintenance period and after passing the final bill based on ‘NoClaim certificate’ from the contractor.

(f) Whenever the contract is rescinded, the security deposit shall be forfeited and the performanceguarantee shall be encashed. The balance work shall be got done independently without risk andcost of the failed contractor. The failed contractor shall be debarred from participating in thetender for executing the balance work. If the failed contractor is a JV or a partnership firm, theevery member/partner of such a firm shall be debarred from participating in the tender for thebalance work in his/her individual capacity or as a partner of any other JV/partnership firm.

(g) The engineer shall not make a claim under the performance guarantee except for amounts towhich the President of India is entitled under the contract (not withstanding and/or withoutprejudice to any other provisions in the contract agreement) in the event of:

i Failure by the contactor to extend the validity of the performance guarantee as described hereinabove, in which event the Engineer may claim the full amount of the performance guarantee

ii Failure by the contactor to pay President of India any amount due, either as agreed by thecontactor or determined under any of the Clauses/Conditions of the Agreement, within 30 daysof the service of the notice to this effect by Engineer.

iii The contract being determined or rescinded under provision of the GCC. The performanceguarantee shall be forfeited in full and shall be absolutely at the disposal of the President ofIndia.



7.3 EXEMPTION OF EARNEST MONEY & SECURITY DEPOSIT:

i) Public Sector Undertakings wholly owned by Railways like RITES, IRCON, Konkan RailwayCorporation Limited, CRIS, Rail-Tel Corporation etc. are exempted from depositing EarnestMoney & Security Deposit.

ii) Whenever the Railways PSUs are awarded works contracts by Railways, on single tender basis,they are exempted from the requirements of submitting performance guarantee.

iii) However, in the event of failure of the Railway PSU to successfully execute the contract as perterms and conditions laid down in the agreement, a penalty equivalent to 5% of the originalvalue of contract would be levied.

iv) If Railway PSUs are awarded contract through competitive bidding (open tender, special limitedtender etc.) the normal rules regarding submission performance bank guarantee as applicableto other tenderer/s shall be applicable to these PSUs.

8.0 CONDITIONS OF CONTRACT AND SPECIFICATIONS;

8.1 Except where specifically stated otherwise in the tender documents the entire work is to becarried in accordance with (i) West Central Railway General Conditions of contract regulationsand instructions for tenderer/s and standard form of contract 2013 amended from time to time &up to date (ii) West Central Railway Unified Standard Schedule of Rates (Works & Materials)-2011 amended from time to time & up to date and (iii) Indian Railway Unified StandardSpecifications (Works & Materials)-2011 Volume-I & Volume-II. Copies of all these publicationscan be obtained from the Dy/CE/C, West Central Railway, Kota on payment as under:-

I)General Conditions of Contract and regulations and instructionsto tenderer/s standard form of contract 1999

Rs. 100/-

ii) West Central Railway Unified StandardSchedule of Rates(Works & Materials)-2011

Rs. 1000/-

iii) Indian Railway Unified Standard Specifications (Works &Materials)-2011 Volume-I & Volume-II

Rs. 1000/-(EachVolume)

Demand for these publications from out station will be considered only if a sum of Rs. 50/- towardspostal charges is also sent with the cost of the books by money order.

8.2 The tender documents will govern the works done under this contract in addition to documentsreferred to in clause 8.1 above. Where there is any conflict between special tender conditionsregarding instructions to tenderer/s, Special conditions relating to site data and specifications and thestipulations contained in the schedule of rates and quantities on the one hand and the Indian RailwayUnified Standard Specifications (Works & Materials)-2011 Volume-I & Volume-II, the GeneralConditions of Contract July-2013 amended from time to time etc. and West Central Railway UnifiedStandard Schedule of Rates (Works & Materials)-2011 on the other hand the former shall prevail.

9.0 STUDY OF DRAWINGS AND LOCAL CONDITIONS;

9.1 The drawings for the works can be seen in the office of Dy. Chief Engineer/Const. West CentralRailway, Kota. It should be noted by tenderer/s that these drawings are meant for general guidanceonly and the railway may suitably modify them during the execution of the work according to thecircumstances without making the Railway liable for any claims on account of such changes.



9.2 The tenderer/s is/are advised to visit the site of work and investigate actual conditions regardingnature and conditions of soil, difficulties involved due to inadequate stacking space, due to built uparea around the site, availability of materials water and labour probable sites for labour camps, stores,godowns, etc. They should also satisfy themselves as to the sources of supply and adequacy for theirrespective purpose of different materials referred in the specifications and indicated in the drawings.The extent of lead and lift involved in the execution of works and any difficulties involved in theexecution of work should also be examined before formulating the rates for complete items of worksdescribed in the schedule.

9.3. FENCING AT WORK

Contractor(s) while executing the work of gauge conversion/doubling, yard remodelling etc. shallprovide suitable fencing/barricading to protect/segregate the existing Railway line from any damageand un-toward incident, as per the directions or plan approved by Engineer-in-charge. The payment ofbarricading/fencing shall be paid under the relevant item as given in the Schedule. No work will bestarted till the fencing/barricading is provided and clearance in writing is issued by the Engineer-in-charge.

During execution of the work, contractors shall ensure that all safety precautions are taken by theirmen to protect themselves and site to prevent any untoward incident. In this regard contractor willensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band;rope ladders emergency light etc. are available at site before the work is actually started. The abovelist is only indicating and is not exhaustive and safety item will be arranged as per the requirement.Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall beentertained in this regard. Decision of the Engineer-in-charge will be final and binding upon thecontractor. The cost of all the safety gear is deemed to have been included in the rates quoted andnothing extra is payable under this contract.

9.4 SAFETY GEAR :

During execution of the work, contractors shall ensure that all safety precautions are taken by theirmen to protect themselves and site to prevent any untoward incident. In this regard contractor willensure that adequate number of safety helmets, safety belts, safety jackets with reflective arm band,rope; ladders emergency light etc. are available at site before the work is actually started. The abovelist is only indicating and is not exhaustive and safety item will be arranged as per the requirement.Railway reserve the right to stop the work in the absence of proper safety gear and no claim shall beentertained in this regard. Decision of the Engineer-in-charge will be final and binding upon thecontractor. The cost of all the safety gear is deemed to have been included in the rates quoted andnothing extra is payable under this contract.

10.0 PERIOD OF COMPLETION

10.1. The entire work is required to be completed in all respects within Eighteen months from the date ofissue of the acceptance letter. Time is the essence of contract. The contractor/s will be required tomaintain speedy and required progress to the satisfactions of the Engineer to ensure that the work willbe completed in all respects within the stipulated period failing which action may be taken by theRailway Administration in terms of Clause 17 and/or clause 62 of the General Conditions ofContract,July2013.

10.2 The contractor/s shall arrange to execute the different items of works in close consultation with and asper directions of the Engineer so that other works being executed in the same area eitherdepartmentally or through another agency such as steel erection, P-way earthwork in formation, etc.are also progressed concurrently. It may be noted, however, that any delay in the execution of



departmental works, for whatsoever reason shall not be accepted as an excuse for non-performanceof the contract.

10.3 The contractor/s will be required to give Dy.Chief Engineer monthly progress report of the work doneduring the month on 4th of the following month. He will also give to the Dy. Chief Engineer theprogram of work to be done in coming month by 25th of the preceding month. The programme will besubject to alteration or modification at the direction of the CAO/Const/Chief Engineer/Const., Dy.ChiefEngineer/Const. who may discuss such modifications or alterations with the contractor as considerednecessary. Approval of any program shall not in any way relieve the contractor from any of hisobligations to complete the whole of work by the prescribed time or extended time, if any.

10.4 INCCENTIVE BONUS PAYAMENT CLAUSE (NOT APPLICABLE FOR THIS TENDER)

10.4.1 The Incentive Bonus payment Clause will apply to the contracts for through put enhancement relatingto “doubling “ & “Traffic Facilities” works only .The contracts which are for works covering plan headother than “doublin