Consultancy on EMI/EMC analysis and study for Indian

INDIAN RAILWAYS

RESEARCH DESIGNS AND STANDARDS ORGANISATION

MANAK NAGAR, LUCKNOW-226011

(GLOBAL TENDER NOTICE No. RDSO/SD/GT/CG/EMI-EMC/01)

Sealed bid in single packet system is invited on behalf of President of India from the

established and reputed firms for “ Consultancy on EMI/EMC analysis and study for Indian

Railway”.

The details of the work are as follows:

Estimated Cost: Rs 1,28,51,965/-(One crore twenty eight lakhs fifty one thousand nine

hundred sixty five only) or USD 231,464/-(Approx.)only , Earnest Money: Rs. 2,58,000/- (two

lakhs fifty eight thousand only) or USD 4647/- (Approx.)only, Cost of Tender Document : Rs.

5,000/-(five thousand only) or USD 91/-(Approx.) only, Last Date & Time of Submission : Upto

14.30 hrs. of 30 August,2012, Date & Time of Opening : At 15.00 hrs. of 30 August,2012.

Non transferable bid documents may be collected from the office of the undersigned

against payment of cost of the tender document as specified above by a crossed demand draft

payable to Executive Director/Finance, RDSO, Lucknow along with the request letter. These bid

documents are also available at RDSO web site www.rdso.indianrailways.gov.in.Tenderers can

down load and use these documents for the purpose of submitting the bids. The cost of

downloaded bid documents must be submitted along with the offer in the form of a demand

draft payable to Executive Director/Finance, RDSO, Lucknow. If the tender

documents/specifications are required by the post, the letter along with the required Demand

Draft for the Tender Document as above plus Rs 500/- (five hundred only) for postal charges

must reach the office at least 15 days before the last date of the submission of the Tender so

that desired tender document may be dispatched within time. Bid documents can also be

obtained personally between 11.00 hrs to 16.00 hrs. on any RDSO working day till one day

before tender opening date.

Sr.Executive Director/Signal,

Research Design & Standard Organisation

Govt. of India, Ministry of Railway

Manak Nagar, Lucknow-226 011

e-mail:[email protected]

Fax No. 91-522-2452332

RDSO/SD/GT/EMI-EMC/01

Page 1 of 114 Signature of Tenderer

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

Global Tender for

“Consultancy on EMI/EMC analysis and study

for Indian Railways”

Tender Documents

Tender No. RDSO/SD/GT/EMI-EMC/01

29.05. 2012

Total Number of Pages [including the tender notice and cover(s)]= 114 Pages

RESEARCH DESIGNS AND STANDARDS ORGANISATION

MINISTRY OF RAILWAYS

MANAK NAGAR

LUCKNOW-2260114

INDIA

GOVERNMENT OF INDIA : MINISTRY OF RAILWAYS



RESEARCH DESIGNS & STANDARDS ORGANISATION

MANAK NAGAR, LUCKNOW-226 011.

Global Tender Notice No.:- RDSO/SD/GT/EMI-EMC/01

Sealed tenders on bid conference are invited, by Executive Director Standards Signal, RDSO, Manak

Nagar, Lucknow-226011, India, for and on behalf of President of India, for execution of following

work:

Tender No. &

date

Name of Work Approx. Cost of Work

Cost of Tender

Document

Earnest Money

1 2 3 4 5

RDSO/SD/GT/

EMI-EMC Dt.

29.05.2012

Consultancy on

EMI/EMC analysis

and study for

Indian Railways.

Rs. 1,28,51,965/- (One

crore twenty eight lakhs

fifty one thousand nine

hundred sixty five only)

Or

$ 231,464/-(Approx.)

Rs. 5000/-(five

thousand only)

Or

$ 91/-(Approx.)

Rs. 2,58,000/-

(two lakhs fiftyeight

thousand only) Or

$ 4647/- (Approx.)

Last date and time of submission of

tender

Date of Opening of Tender

Pre-bid conference

6 7 8

30 Aug, 2012

Up to 14:30 hours

30 Aug, 2012at

15:00 hours

24 July, 2012

at 11:00 hours

1.0 Non-transferable tender documents, containing detailed description, specifications, terms &

conditions and scope of work would be available from the office of ‘Executive Director/Signal,

RDSO, Manak Nagar, Lucknow-226011, India’ between 10:00 hrs and 16:00 hrs on any working

day from date of publishing of this tender notice onwards till four hrs before tender opening

date and time, mentioned in column 7 of para 1 above, on production of Demand Draft (DD)

payable to “Executive Director/ Finance, RDSO, Lucknow, India”, payable at Lucknow, towards

the cost of tender documents as mentioned in column 4 of para 1 above, with a request letter.

No other mode of payment will be accepted for this purpose.

2.0 In case, tender documents are required by post, the request letter along with required Demand

Draft as cost of tender documents and one more Demand Draft of Rs.500/- (five hundred only) extra towards postal charges must reach this office at least 15 days before the opening date of

tender, mentioned in column 7 of para 1 above, so that desired tender documents may be

dispatched well in time. However, in case the tender documents do not reach the prospective

tenderer in time, this office will not be responsible in any way.

3.0 These tender documents are also available at RDSO website www.rdso.indianrailways.gov.in

under heading “ Tenders”. Tenderers can download and use these documents for the purpose of

submitting the bids. However, it will be the responsibility of tenderer to ensure use of complete

tender documents available on website. These documents will be considered equally legally

valid for participation in the tender process as manual documents obtained from RDSO through

manual process, subject to submission of prescribed declaration form and other details properly

filled. The cost of downloaded bid documents as indicated in column 4 of para 1 above must be



submitted along with offer in the form of a demand draft payable to “Executive Director/

Finance, RDSO, Lucknow, India”, payable at Lucknow.

4.0 Bids from tenderers who have not purchased tender documents from the office of ‘Executive

Director/Signal, RDSO, Manak Nagar, Lucknow-226011, India’ or from those who have

downloaded the tender documents from RDSO website but not paid the requisite cost of tender

documents or incomplete or submitted late/delayed, will be summarily rejected.

5.0 Earnest Money: The tenderer is required to deposit Earnest money with the tender for the

amount given in Column 5 of Para 1 above. Mode of deposition of earnest money and other

conditions are given in clause 9.0 of Part-II of the tender documents.

6.0 Qualifying Requirements of Tenderer:

a) The tenderer should have completed in last three years (i.e. current year and 03

previous financial years) atleast one similar single work for a minimum value of 35%

of advertised tender value.

Similar nature of work is defined as “Consultancy for EMI/EMC Analysis for safety

critical electrical and electronic systems”.

b) Financial Eligibility Criteria: The tenderer should have received contractual payment

equivalent to a minimum of 150% of advertised tender value of work during the last

three years (i.e. current year and 03 previous financial years).

7.0 Submission of Bid under: Tenderers are required to submit their bids as mentioned in clause

13.0 of Part-II of the tender documents.

8.0 Validity period of the Bid: The tenderer shall keep the bid, valid for a period of 180 days from

their respective dates of opening.

9.0 Last Date of Receipt and Opening of the Tenders

9.1 Tenders complete in all respects should be dropped in a tender box kept at the office

of ‘ Director Signal, RDSO, Manak Nagar, Lucknow-226011, India’ not later than 14:30

hours on the date specified in column 6 of Para 1 above.

9.2 Tenders sealed and super scribed as aforesaid can also be sent by registered post

addressed to the ‘ Director/Signal, RDSO, Manak Nagar, Lucknow-226011, India’. But,

a tender which is received after the time and date specified, shall not be considered.

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

9.3 The bid received shall be opened in the presence of such of the tenderers or their

representatives who may like to be present, at 15.00 hours on the date specified in

column 7 of Para 1 above and where practicable, the names of tenderers and other

information tendered by them will be read out.

9.4 Tenders which are received after the closure time and date specified above shall not be

considered. In case opening date/day falls on a gazetted holiday or subsequently

declared as such a holiday, then the tenders will be opened on next working day at

scheduled hour.

Director (Signal)

for and on behalf of President of India

Research Designs and Standards Organisation

Ministry of Railways, Manak Nagar

Lucknow-226011, UP, India

fax- 091-522- 2452332



Preamble

Tender documents for “Consultancy on EMI/EMC analysis and study for Indian Railways” have

been divided in four parts, as under:-

Part-I Tender Form Covering Letter

Part-II Instructions to tenderer & Special tender/contract

conditions

Part-III General Conditions of Contract

Part-IV Technical Specification of Work

Total Pages = 03 (Cover & Tender Notice)+ 01 (preamble) +03 (Part-I) + 26 (Part-II)

+ 01 (Part-III)+ 13 (Part-IV) = 47 Pages + 67 (Appendix of Part-III)

=114 Pages

Government of India, Ministry of Railways, Research Designs and Standards Organization reserves

the right to accept or summarily reject or cancel any or all bids without assigning any reason.


Page 5 of 114 Signature of Tenderer(s)

Part-I

Tender Form

Covering Letter



Tender Form Covering Letter

Tender No.: Form Serial No………..

The President of India,

Acting through the

Executive Director /Signal

Research Designs and Standards Organization (RDSO)

Manak Nagar, Lucknow-226011 (U.P.)

India

1. I/We _____________________________________________ have read the various

conditions to tender attached here to and hereby agree to abide by the said conditions.

I/We also agree to keep this tender open for acceptance for a period of 180 days (one

hundred eighty days), from their respective date fixed for opening the same and in default

thereof, I/We will be liable for forfeiture of my/our earnest money. I/We offer to do the

work of “Consultancy on EMI/EMC analysis and study for Indian Railways” at the rates

quoted in the Bid in the prescribed format and hereby bind myself/ourselves to complete

the work in all respects within the prescribed period given in Part-II & Part-IV of the tender

document from the date of issue of letter of acceptance for the work.

2. I/We also hereby agree to abide by the Instructions to tenderer & special tender/contract

conditions, General Condition of

Contract and to carry out the work as laid down in Technical Specification of the work, given

in Part- II to Part-IV of the tender documents.

3. A sum of Rs.2,58,000/- only is herewith forwarded as Earnest Money. The full value of the

earnest money shall stand forfeited without prejudice to any other right or remedies in case

my/our tender is accepted and if:-

a) I/We do not execute the contract documents within fifteen (15) days after receipt

of the notice issued by the railway that such documents are ready; and/or

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

effect.

4. Until a formal agreement is prepared and executed, acceptance of this tender shall

constitute a binding contract between us subject to modifications, as may be mutually

agreed to between us and indicated in the letter of acceptance of my/our offer for this work

(Signature of Tenderer)

Name (in Block Letters):

……………………………………………….

Capacity in which tender is signed:

……………………………………………….

Address of firm in full:

Date:…………….. ………………………………………………..

………………………………………………..

………………………………………………..



(Signature of Witness) (Signature of Witness)

Name (in Block Letters): Name (in Block Letters):

………………………………………………. ……………………………………………….

Address: Address:

……………………………………………….. ………………………………………………..

……………………………………………….. ………………………………………………..

……………………………………………….. ………………………………………………..



Part-II

Instructions to

Tenderer

&

Special

Tender/Contract

Conditions



Instructions to Tenderer & Special Tender/Contract conditions

Index

S.No. Description Page No.

1. General Instructions 10

2. Qualifying Requirements of Tenderers 10

3. Time schedule of Work 10

4. Modification of tender conditions 10

5. Applicability of General Conditions of Contract (GCC) 10

6. Conditions of Contract and Specifications 11

7. General 11

8. Compliance with Tender Conditions 11

9. Earnest Money 11-12

10. Security Deposit(SD) 12-13

11. Performance Guarantee (PG) 13

13. Submission of Bids 13-14

14. Completion of Tender Documents 15

15. Last Date of Receipt of Bids 15

16. Effect and Validity of Bid 15-16

17. Evaluation of the Price Bids 16

18. Price Basis 16-17

19. Acceptance of Tender 17

20. Payment Terms & Conditions 17-18

21. Insurance 18

22. Agents in India & Agency Commission 18-19

23. Collaborator(s) 19

24. Packing and Marking 19-20

25. Delivery 20

26. Progress Reports 20

27. Responsibility of the Contractor for Executing the Contract 20-21

28. Force Majeure 21

29. Settlement of Disputes- Indian Railway Arbitration Rules 22

30. Secrecy 22

31. Training 22

32. Changes 22

33. Indemnity 23

34. Treatment of Data 23

35. Intellectual Property Rights 23-24

Annexure-I 25

Annexure-II 26

Annexure-III 27

Annexure-IV 28

Annexure-V 29-33



Instructions to Tenderer & Special Tender/Contract conditions

1.0 General Instructions:

1.1 For & on behalf of the President of India, the ‘Executive Director/Signal, Research Designs and

Standards Organization, Ministry of Railway, Manak Nagar, Lucknow-226011, India’ (hereinafter

referred to as Purchaser), invites bids for the work of “Consultancy on EMI/EMC analysis and

study for Indian Railways ” as set forth in Part-IV of the tender documents.

1.2 All the bids in the prescribed format included with tender documents should be submitted

before the time and date fixed for the receipt of bids as set forth in tender notice. Bids received

after stipulated time and date shall be rejected.

1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives

(“bidder/tenderer,” “bid/tendered,” “bidding/tendering,” etc.) are synonymous, and day means

calendar day. Singular also means plural.

1.4 All information in the bid must be in English. Information in any other language must be

accompanied by its authenticated translation in English; failure to comply with this may render

the bid liable to be rejected. In the event of any discrepancy between a bid in a language other

than English and its English translation, the English translation will prevail.

2.0 Qualifying Requirements of Tenderers

2.1 Qualifying requirements of tenderers are given in Para 6.0 of page 2 of the tender documents.

3.0 Time schedule of Work

3.1 The entire work of “Consultancy on EMI/EMC analysis and study for Indian Railways” shall

have to be completed by the successful bidder within a period of 9 months from the date of

awarding of the contract, as per project schedule mentioned in clause 10.0 and 11.0 of

“Technical Specification” of the work attached as Part-IV of the tender documents.

4.0 Modification of tender conditions

Purchaser reserves the right to unconditionally revise the tender specifications, scope of work or

other conditions in the tender document, without assigning any reason(s) to the buyers of the

tender documents. In such a case, however, sufficient time and opportunity shall be given to

tenderers to submit their bids in the light of such changes, before closing the tenders. However,

decision of the Purchaser in this regard shall be final.

5.0 Applicability of General Conditions of Contract (GCC)

5.1 All relevant clauses of General Conditions of Contract (GCC) attached as Part-III of the tender

documents shall be applicable for this contract.



5.2 However, ‘Railway’, ‘General Manager’ and ‘Chief Engineer/Divisional Railway Manager’

mentioned in GCC will mean ‘RDSO’, ‘Director General’ and ‘Executive Director Signal’,

respectively.

6.0 Conditions of Contract and Specifications:

Wherever there is any conflict/contradiction between Instructions to tenderer & Special

tender/contract conditions (Part-II) and General Conditions of Contract (Part-III), stipulations

given in Part-II shall prevail.

7.0 General

7.1 Ensuring legal applicability of laws /rules

All tenderers will be responsible for the legality of their offer and ensuring the implementation

of various acts/laws as prevalent in their country as well as in India. Any tax/duty/levy, if not

specifically mentioned in bid and contract, would be borne by the successful tenderer.

8.0 Compliance with Tender Conditions

8.1 The Tenderer shall indicate his compliance or otherwise against each clause and sub-clause of

the ‘Instructions to tenderer & Special tender/contract conditions’ and ‘General Conditions of

Contract’ attached as Part-II and Part-III of the tender documents.

8.2 The tenderer shall, for this purpose, enclose a separate statement of deviations as per format

given in Annexure-II, which should invariably be filled in and submitted along with the bid.

Whenever the tenderer deviates from the provisions of a clause/ sub-clause, he shall furnish his

detailed justification for the same. If no deviation is asked then ‘Nil’ shall be written in the

Annexure-II.

8.3 The Purchaser, however, reserves the right to accept or reject these deviations and his decision

thereon shall be final.

8.4 If the tenderer shall have any doubt as to the meaning of any portion of the conditions or of the

specifications, he shall (before submitting the bid) set forth the particulars thereof and submit

them to the Purchaser in writing, well in time, in order that any such doubt may be removed.

9.0 Earnest Money:

9.1 The bidder is required to deposit Earnest Money with the tender for the due performance with

the stipulation to keep the offer open for a period of 180 days from the date of opening of

tender as mentioned in the tender notice. Bids that are not submitted with the Earnest Money

shall be summarily rejected.

9.2 It shall be understood that the tender document 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 revert from his offer or modify the terms and conditions thereof in a



manner not acceptable to RDSO. Should the tenderer fail to observe or comply with the said

stipulation, the aforesaid amount shall be liable to be forfeited by RDSO.

9.3 Earnest Money of successful tenderer shall be retained as a part of Security Deposit for the due

and faithful fulfilment of the contract in terms of clause 16 of GCC (General Conditions of

Contract). The earnest money of other tenderers shall save as herein before provided, be

returned to them, but RDSO shall not be responsible for any loss or depreciation that may

happen thereto while in their possession, nor be liable to pay interest thereon.

9.4 Tenderers are required to furnish Earnest Money in the form mentioned below:-

9.4.1 Cash in INR deposited with Senior Divisional Cashier, Northern Railway, Charbagh, Lucknow,

U.P., and India. The money receipt in original should be attached with the tender papers.

9.4.2 Deposit receipts, Pay order and Demand Drafts issued by the State Bank of India, or any of the

nationalized banks /scheduled bank , in favour of “Executive Director/ Finance, RDSO,

Lucknow, India” payable at Lucknow. No confirmatory advice from the Reserve Bank of India

will be necessary.

9.4.3 Earnest money may be accepted in the following forms:

i. A deposit of cash in Indian rupees only.

ii. Govt. Securities at 5% below the Market Value.

iii. Deposit receipts or demand drafts of the State Bank of India or Nationalized Banks /

Scheduled Bank

iv. A Deposit in the Post Office Saving Bank.

v. National Saving Certificate.

vi. Twelve Year National defense certificate.

vii. Ten years defense deposits.

viii. National defense bonds.

ix. Time deposit account, which came into force on 16-03-1970 and notified under

Ministry of Finance, Notification No. F3(7)NS70 dated 28-02-1970

x. IRFC Bonds.

Note: (vi) to (viii). These certificates / bonds may be accepted at their surrender

value

9.5 The earnest money shall be valid and remain deposited with the purchaser for the period of

180 days from the date of tender opening. If the validity of the bid is extended, the validity of

the instrument submitted in lieu of Earnest Money will also be suitably extended by the

tenderer, failing which the bid after the expiry of the aforesaid period shall not be considered

by the purchaser.

9.6 No interest will be payable by the Purchaser on the earnest money.

10.0 Security Deposit (SD): A security deposit of 5% of the contract value by the successful tenderer will

be required as mentioned in clause 16(1) to 16(3) of General Conditions of Contract attached as



Part-III of the tender documents. ‘Competent Authority’ mentioned in this clause shall be

‘Executive Director Signal, RDSO, Manak Nagar, Lucknow-226011, India’ for this contract.

11.0 Performance Guarantee (PG): The successful bidder shall submit a performance Guarantee

amounting to 5% of the contract value as mentioned in clause 16(4) of General Conditions of

Contract attached as Part-III of the tender documents.

12.0 Submission of Bid:

12.1 All bids shall be either type-written or written neatly in indelible ink.

12.2 Individual signing the tender and other documents connected with this tender must specify

whether he is signing as

(i) A sole proprietor of the firm or constituted attorney of the sole proprietor.

(ii) A partner of the firm having authority to quote and refer to arbitration disputes, in

case of partnership firm either by virtue of partnership agreement or a power of

attorney.

(iii) Constituted Attorney in case of Company.

12.3 In case of (ii) above a copy of partnership agreement and power of attorney attested by Notary

Public should be furnished or Affidavit on stamped paper of all the partners admitting

execution of the partnership agreement of the general power of attorney should be furnished.

12.4 In case of partnership firms, where authority to refer disputes has not been conferred on any of

the partner, the tender and the related documents should be signed by all the partners of the

firm.

12.5 A person signing the tender form or connected documents forming part of the contract shall be

deemed to have the authority as indicated earlier. If on enquiry, it is found that the person so

signing had no authority to do so, the Purchaser, without prejudice to other Civil and Criminal

remedies, can cancel the contract and hold the signatory liable for all costs and damages.

12.6 All prices and other information like discounts, etc., having a bearing on the price shall be

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

12.7 Bid should be addressed to the President of India acting through the Executive Director

Standards Signal, Research Designs and Standards Organisation, Ministry of Railways, Manak

Nagar, Lucknow-226011, India.

12.8 Bidders are required to submit their bids in duplicate marked as ‘original’ and ‘duplicate’.

12.9 Envelope of bid should be sealed and marked as under:

‘Bid’ from M/s----------------------against Tender No………. to be Opened

12.10 Envelope should be placed inside a larger envelope and sealed further. Tender no., due date of

opening and tenderer’s name should be clearly mentioned on the cover.



12.11 Apart from the bid to be submitted as detailed above, no copy of the bid should be sent to

other offices either at Lucknow or elsewhere.

12.12 All tender documents attached with invitation to tender duly completed and signed are to be

returned with the bid, failing which the tender is likely to be treated as incomplete and ignored.

12.13 Each page of the bid must be numbered consecutively, should bear the tender number and

should be signed by the tenderer at the bottom. A reference to the total number of pages

comprising the bid must be made at the top right hand corner of the first page.

12.14 “ BID”

12.14.1 Bid’ shall contain the documents as listed below. Tenderers are requested to ensure that all

such documents as listed are submitted duly filled, in all respects, failing which his/their offer is

likely to be summarily rejected:-

a) Tender Form Covering Letter, as given in Part-I of the tender document, duly filled in

b) Earnest Money as mentioned in clause 9.0 of Part-II of the tender document

c) Annexure- I of Part-II of the tender documents, dully filled in, containing details of

tenderer, as applicable, and details of work to be done by tenderer .

d) Submission of information on each Qualifying requirements of tenderer , including

Annexure7 to 8, as mentioned in clause 7.1, including its sub-clauses, of Part-IV of the

tender documents, including documentary proof thereof.

e) Annexure- II of Part-II of the tender documents, dully filled in, regarding compliance of

conditions of ‘Instructions to tenderer & Special tender/contract conditions’ and ‘General

Conditions of Contract’, as mentioned in clause 8.0 of Part-II of the tender documents.

f) Annexure- III of Part-II of the tender documents, dully filled in, regarding compliance of

technical specification, as mentioned in clause 9.0 of Part-IV of the tender documents.

g) Annexure-IV of Part-II of the tender document, duly filled in, regarding Certificate of

undertaking for downloading the bid documents, as applicable.

h) Clause-by-clause comments of Technical Specification of work mentioned in clause 9.0 of

Part-IV of the tender documents.

i) Methodology to be adopted by the tenderer for execution of work, as mentioned in clause

8.5 of Part-IV of the tender documents.

j) All tender documents as mentioned in clause 13.12 of Part-II of the tender documents.



13.0 Completion of Tender Documents:

13.1 The rate should be quoted in figures as well as in words. If there is variation between the rates

quoted in figures and in words, the lowest of the two shall be taken as correct. If more than one

or improper rates are tendered for the same items, the tender is liable to be rejected.

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

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

13.3 Tenders containing erasures and alterations of the tender documents are liable to be rejected.

Any corrections made by the tenderer/s in his / their entries should be in Ink and must be

attested by him / them under full signature and date.

13.4 Additional conditions or stipulations, if any, must be made by the tenderer/s in covering letter

with the tender. The Railway reserves the right not to consider conditional tenders and reject

the same without assigning any reason. Only those additional conditions, which are explicitly

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

13.5 Additional pages can be attached, if considered essential. A total number of enclosures should

be indicated in the body of the tender and all the enclosures numbered serially.

13.6 In case tenderer wants to furnish any other relevant information, the same can be furnished in

a separate covering letter.

13.7 The tenderers must ensure that the conditions laid down for submission of bids detailed in

various paras of the tender documents, are completely and correctly fulfilled. Bids, which are

not complete in all respects as stipulated above, may be ignored.

14.0 Last Date of Receipt of Bid:

14.1 The bid complete in all respects should reach the office of ‘Executive Director Signal, RDSO,

Manak Nagar, Lucknow-226011, India’, not later than time & date specified in the ‘Tender

Notice’.

14.2 The bid received shall be opened, in the presence of such of the tenderers or their

representatives who may like to be present, at 15.00 hours on the date specified in the ‘Tender

Notice’ and where practicable, the names of tenderers and other information tendered by

them will be read out.

15.0 Effect and Validity of Bid:

15.1 The submission of any bid connected with these specifications and documents shall constitute

an agreement that the tenderer shall have no cause of action or claim, against the Purchaser for

rejection of his bid. The Purchaser shall always be at liberty to reject or accept any bid or bids

at his sole discretion and any such action will not be called into question and the tenderer shall

have no claim in that regard against the Purchaser.



15.2 The bid shall be kept valid for acceptance for a minimum period of 180 (one hundred and

eighty) calendar days from the date set for opening of bids. In case the offer is silent about

same, it will be presumed that bids are valid for 180 days for both Technical Bid as well as Price

Bid from the respective date of opening.

15.3 Bids shall be deemed to be under consideration immediately after they are opened and until

such time the official intimation of award of contract is made by the Purchaser to the tenderer.

While the bids are under consideration, tenderers and or their representatives or other

interested parties are advised to refrain from contacting the Purchaser by any means. If

necessary, the Purchaser will obtain clarifications on the bid by requesting for such information,

from any or all the tenderers, either in writing or through personal contact, as may be

considered necessary. Tenderers will not be permitted to change the substance of their bids

after the bids have been opened.

16.0 Evaluation of the Bid:

16.1 To facilitate evaluation and comparison, the Purchaser will convert all Bid Prices expressed in

the amounts in various currencies in the Bid Price as payable, to Indian Rupees at the B.C.

selling exchange rate established by the State Bank of India, as on the date of the Bid Opening.

16.2 The bid received will be evaluated by the Purchaser to ascertain the lowest acceptable bid in

the interest of the Purchaser as specified in the tender documents.

17.0 Price Basis:

17.1 Tenderers are required to quote on firm price basis.

17.2 The prices quoted must include all charges e.g. Taxes (withholding Tax, Service Tax etc), levies,

duties, cess, as applicable, packing, forwarding and delivery charges etc., as applicable.

17.3 Cost of all deliverables of physical nature by the Contractor to Purchaser, included in the scope

of the work, should be on C & F basis.

17.4 RDSO, being a Research Institution of Ministry of Railways and also registered with Department

of Scientific and Industrial Research, New Delhi, is at present, eligible for exemption from

payment of customs duty (in full except 5% ad- valorem plus cess etc and additional CD @ 4%or

as applicable time to time for public funded research institutes) & excise duty in full under

Government Notification no. 51/96-Customs dated 23 July 1996 (as amended) and Government

notification No: 10/97- Central Excise dated 1 March 1997 (as amended) for the research

certified items respectively

The aspect that the subject item is for research purposes needs to be confirmed by the

prospective bidder from the consignee/indenter. Accordingly, tenderer(s) may quote their

prices considering above exemption or as the case may be, duly indicating clearly each element

of cost/offer, with and without concessional/exemption, failing which inter-se ranking will be

judged duly loading with maximum value applicable for the case.

17.5 The prices should be stated only in Indian currency. The portion of the bid price relating to

work of Indian origin shall be invariably stated in Indian Rupees. Tenderers belonging to



countries with which Government of India have Rupee Payment Agreements should quote the

entire bid price in Indian Rupees.

18.0 Acceptance of Tender

18.1 ‘IF THE TENDERER/S DELIBERATELY GIVES A WRONG INFORMATION / WHOSE CREDENTIALS /

DOCUMENTS IN HIS / THEIR TENDERS AND THEREBY CREATE(S) CIRCUMSTANCES FOR

ACCEPTANCE OF HIS / THEIR TENDER. RAILWAY RESERVES THE RIGHT TO REJECT SUCH TENDER

AT ANY STAGE, BESIDES, SHALL SUSPEND THE BUSINESS FOR ONE YEAR.’

18.2 The authority for acceptance of tender rests with the competent authority of the Ministry of

Railways, who does not undertake to assign reasons for declining to consider any particular

tender or tenders. He also reserves the right to accept the tender in whole or in part or to

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

18.3 The successful tenderer/s shall be required to execute an agreement with the President of India

acting through the ‘Executive Director Signal, RDSO, Manak Nagar, Lucknow-226011, India’ for

carrying out of the work as per agreed conditions.

18.4 The bidders operation and proceedings in connection with the work shall at all times be

conducted during the continuance of contract in accordance with the laws, ordinance, rules and

regulations for the time being in force and the bidder shall further observe and comply with the

bye-laws and regulations of the Govt. of India, State Govt. and of Municipal & other authorities

having jurisdiction in connection with the work or site over which operations such as these are

carried out by the bidder/s and shall give all notice required by such bye-laws and regulations.

The Hospital and medical regulations in force for the time being shall also be complied with by

the bidder/s and his workmen.

18.5 The tenderer/s shall not increase his / their rate in case the Railway Administration negotiates

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

original offer and rates originally quoted will be binding on the tenderer/s.

18.6 The tenderer/s shall submit an analysis of rates, if called upon to do so.

18.7 Non-compliance with any of the conditions set forth herein is liable to result in the tender being

rejected.

18.8 Acceptance of bid will be communicated by Express Letter/FAX or formal acceptance of bid.

Such acceptance of bid shall be deemed to conclude the contract.

19.0 Payment Terms & Condition:

19.1 The contract price will be normally paid in the currency or currencies in which the price is

stated in the successful bid. However, Purchaser reserves the right to effect payment of

equivalent amount in the currency or currencies of the country of origin of the work/goods in

case the price is stated in other currencies. The equivalent amount will be calculated on the

basis of exchange rate prevailing on the date of payment

19.2 Payment shall be made in phased progressive manner as under:-



19.2.1 For the consultancy of EMI-EMC analysis and study for Indian Railways, the payment terms

shall be as under

a) 95 % payment of subtotal of the rate schedule, to be made on completion of

activities mention in schedule of Part-IV for every individual item, subject to

maximum amount being 15% of the total tender cost and when the respective

activity is completed.

b) Balance 5 % of subtotal of rate schedule to be paid on completion of all contractual

obligations.

19.3 Payment shall be made after contractor submits necessary bills/invoice and necessary

reports/documents/ drawings/code/manuals, as applicable for respective activities, and which

are found satisfactory by the Project Officer.

19.4 Tenderer to give consent in a mandate form for receipt through ECS / EFT. Tenderer to provide

the details of bank account in line with RBI guidelines for the same. These details will include

bank name, branch name and address, account type, bank account number and bank & branch

code as appearing on MICR cheque by bank. Tenderer to attach certificate from their bank

certifying the correctness of all such information.

19.5 In case of non-payment through ECS/EFT or where ECS/EFT facility is not available, payment will

be released through the cheque.

19.6 Paying Authority: Executive Director/Finance, RDSO, Manak Nagar, Lucknow-226011, India will

make payment for all stages after acceptance, as laid down in technical specification of work.

20.0 Insurance:

20.1 In case of imported supplies, insurance cover for stores in transit from origin to destination as

specified in the Contract shall be provided for by the Railways.

20.2 Insurance cover for indigenous stores in transit from origin to destination as specified in the

Contract has to be provided for by the Railways.

21.0 AGENTS IN INDIA & AGENCY COMMISSION

21.1 The foreign tenderer may include in his bid the name of the person or the firm who will be

acting as his representative/ agent in India in respect of his bid.

21.2 In such case, the foreign tenderer is also required to give the following details in the bid:

(i) The name and address of the local agent;

(ii) What service the agent renders;

(iii) The amount of remuneration for the agent.

21.3 In the case of indigenous bid, the tenderer is not entitled to any agency commission. In the case

of foreign bid, the agency commission payable by the tenderer to his Indian Agent shall be

indicated in the space provided in the Bid’ form in foreign currency. However, agency

commission finally payable to the tenderer’s agent in India under the contract will be converted



to Indian Rupees at the telegraphic transfer buying rate of exchange ruling on the date of

acceptance of bid and shall not be subject to any further exchange variation.

22.0 Collaborator(s)

22.1 It shall be the express responsibility of the purchaser of the tender document / bidder to

establish any working collaboration / agreement with any firm who may have to be involved for

successful execution of the work. The management of such working coordination/ agreement

shall be wholly and completely done by the buyer of this tender document/bidder. Government

of India, Ministry of Railways, Research Designs and Standards Organisation, Lucknow shall not

be responsible for any legal matters which may arise due to any infringement of copyright,

infringement of IPR or infringement of proprietary rights. Obtaining the permission for

undertaking such works shall be the sole and express responsibility of the buyer of this tender

document.

In the event of the bidder/tenderer having to undertake any work which is not within his

immediate ownership/control and for which he does not possess the necessary legal right, or

for which he is not legally authorised by the owner of the sub-assembly / equipment

/software, he shall obtain the necessary legal permission from the owning firm of the same

for work of ‘Global Tender for Consultancy on EMI/EMC analysis and study for Indian

Railways.

22.2 ’ and deposit the same with the Ministry of Railways, Research Designs and Standards

Organisation, Lucknow first as an enclosure to the Bid-Offer and then a detailed undertaking

along with the said authority before beginning such works. The onus of authenticity and

adequateness of such an authorization shall rest with the bidder producing the above

document and the Purchaser shall not be liable for any infringement of legal rights arising out

of production of incorrect/false authorization documents/certificates.

23.0 Packing and Marking:

23.1 Packing:

23.1.1 The contractor shall pack at his own cost the stores sufficiently and properly for transit by

rail/road, air and/ or sea as provided in the Contract so as to ensure their being free from loss

or damage on arrival at their destination. He shall decide the packing for the stores by taking

into account the fact that the stores will have to undergo arduous transportation before

reaching the destination and will have to be stored and handled in tropical climatic conditions

(including Monsoons) before being put to actual use. The body and bogie shall be separately

packed and transported.

23.1.2 Unless otherwise provided in the contract, all containers (including packing cases, boxes, tins,

drums and wrappings) in which the stores are supplied by the contractor shall be considered as

non-returnable and their cost as having been included in the Contract price.

23.1.3 Each package shall contain a packing note specifying the name & address of the contractor, the

number and date of the Contract and the designation & address of the Purchaser, the

description of the stores and the quantity contained therein.



23.1.4 The packing advice should bring out the weight, dimensions and size of each bundle/package.

Where it is not possible to give weight of the bundle/package, the contractor must indicate the

volume of the bundle/ package, the details of contents of each bundle/package, number of

bundles/packages and total weight of the items supplied.

23.2 Marking:

23.2.1 The marking of all goods supplied shall comply with the requirement of the Indian Acts relating

to merchandise marks or any amendment thereof and of the rules made thereunder. The

following marking of the materials is required:-

(a) The following particulars should be stencilled with indelible paint on all the

materials/packages:-

i. Contract number.

ii. Specification no.

iii. Item no.

iv. Port consignee (wherever applicable)

v. Abbreviated consignee marks

(b) In addition to the marking as specified above, distinguishing colour marks should be given

so as to distinguish the ultimate consignee in India.

24.0 Delivery:

24.1 Notification of Delivery

Notification of delivery or dispatch in regard to each and every installment shall be made to

the Purchaser, Ultimate Consignee and Port Consignee (if applicable) immediately on dispatch

or delivery. The Contractor shall further supply to the consignee, to the interim consignee, as

the case may be, a packing account quoting number and date of contract and date of dispatch

of the stores. All packages shall be fully described in the packing account and full details of the

contents of the packages and quantity of materials shall be given to enable the consignee to

check the details on arrival at destination. The copy of Railway Receipt/ Consignment Note or

Bill of Lading with other shipping documents, if any, shall be forwarded to the consignee and

or the port consignee named in the contract, as applicable, by registered post immediately on

the dispatch of stores. The contractor shall bear and reimburse to the purchaser demurrage

charges, if any, paid by reason of delay on the part of the contractor in forwarding the copy of

the Railway Receipt, Consignment Note or Bill of Lading and other shipping documents.

25.0 Progress Reports:

25.1 The contractor shall, from time to time, render such reports concerning the progress of the

contract in such form as may be required by the Purchaser.

25.2 The submission, receipt and acceptance of such reports shall not prejudice the rights of the

Purchaser under the contract, nor shall operate as a ground against Purchaser merely by reason

of the fact that he has not taken notice of/ or subjected to test any information contained in

such report.

26.0 Responsibility of the Contractor for Executing the Contract:



26.1 Risk in the stores (deliverables of physical nature included in scope of work)-

The contractor shall perform the contract in all respects in accordance with the terms and

conditions thereof. The stores and every constituent part thereof, whether in the possession

or control of the contractor, his agents or servants or a carrier, or in the joint possession of the

contractor, his agents or servants and the Purchaser, his agents or servants, shall remain in

every respect at the risk of the contractor until their actual delivery to the consignee at the

stipulated place or destination or, where so provided in the acceptance of tender, until their

delivery to a person specified in the contract as interim consignee for the purpose of dispatch

to the consignee. The contractor shall be responsible for all loss, destruction, damage or

deterioration of or to the stores from any cause whatsoever while the stores after approval by

the Inspecting Officer are awaiting dispatch or delivery or are in the course of transit from the

contractor to the consignee or the interim consignee as the case may be. The contractor shall

alone be entitled and responsible to make claims against a Railway Administration or any other

carrier in respect of non-delivery, short delivery, misdelivery, loss, destruction, damage or

deterioration of the goods entrusted to such carrier by the contractor for transmission to the

consignee or the interim consignee, as the case may be.

26.2 Consignee’s right of rejection-

Notwithstanding any approval which the Inspecting Officer may have given in respect of the

stores or any materials or other particulars or the work or workmanship involved in the

performance of the contract (whether with or without any test carried out by the contractor or

the Inspecting Officer or under the direction of the Inspecting Officer) and notwithstanding

delivery of the stores where so provided to the interim consignee, it shall be lawful for the

consignee, on behalf of the Purchaser, to reject the stores or any part, portion of consignment

thereof within 45 days after actual delivery thereof to him at the place or destination specified

in the contract if such stores or part, portion of consignment thereof is not in all respects in

conformity with the terms and conditions of the contract whether on account of any loss,

deterioration or damage before dispatch or delivery or during transit or otherwise howsoever.

26.3 Provided that where, under the terms of the contract, the stores are required to be delivered to

an interim consignee for the purpose of despatch to the consignee, the stores shall be at the

Purchaser’s risk after their delivery to the interim consignee, but nevertheless it shall be lawful

for the consignee on behalf of the Purchaser to reject the stores or any part, portion of

consignment thereof upon their actual delivery to him at the destination if they are not in all

respects in conformity with the terms and conditions of contract except where they have been

damaged or have deteriorated in the course of transit or otherwise after their delivery to the

interim consignee.

26.4 The Contractor shall refund any advance/part payment received by him in respect of the

rejected stores within 21 days of the receipt of intimation from the consignee about the

rejection of the stores. In default, the Purchaser may take steps against contractor for recovery

of such price.

27.0 Force Majeure:

27.1 For Force Majeure clause no. 17 of General Conditions of Contract attached as Part-III of the

tender documents shall be applicable, with notice period being 14 days and performance of

contract being prevented or delayed by a period exceeding 90 days.



28.0 Settlement of Disputes- Indian Railway Arbitration Rules:

28.1 For Settlement of Disputes between Contractor and Purchaser, clause nos. 63 & 64 of General

Conditions of Contract attached as Part-III of the tender documents shall be applicable.

29.0 Secrecy:

29.1 The Contractor shall take all reasonable steps necessary to ensure that all persons employed in

any work in connection with the contract, have full knowledge of the Official Secrets Act and

any regulations framed thereunder.

29.2 Any information obtained in the course of the execution of the contract by the contractor, his

servants or agents or any person so employed, as to any matter whatsoever which would or

might be directly or indirectly, of use to any enemy of India, must be treated secret and shall

not at any time be communicated to any person.

29.3 Any breach of the aforesaid conditions shall entitle the Purchaser to cancel the contract.

30.0 Training:

30.1 Training shall be organized as specified in the Tender documents. Wherever possible, the

training should include the adaptation to Indian conditions and be got done by Trainees so that

they have a clear idea of the subject.

31.0 Changes in the Contract:-

31.1 Changes to Contract details may be necessitated as a result of changed requirements, changed

site conditions, intermediate test results, test equipment limitations, and other unforeseen

circumstances. If circumstances arise which, in the opinion of either party, call for a change

(including addition or deletion) to the work, such party may initiate a modification of the

Contract by notifying the other party. Upon agreement over the need for and nature of any

proposed change, Contractor shall prepare a written proposal describing all changes to the

work and any changes to the estimated cost or price, which shall be furnished to the Purchaser

in a Change Form, which shall reflect any increase or decrease in the Contract Detail price. This

form will be incorporated into and constitute a part of the Contract when signed by the

authorized personnel of the Contractor and the Purchaser. Should contractor believe that

continuation of the work pending approval of the modification is impracticable, work will cease

until such Change Form has been executed. The reasonable cost of such work stoppage will be

borne by the Purchaser. Should the parties be unable to agree to the terms of the proposed

change in the Contract within a reasonable amount of time after notice of a proposed change

has been given, Contractor or Purchaser may terminate the Contract.

32.0 Indemnity:

32.1 The prices stated are to include all rights (if any) or patent, registered design or trade mark and

the contractor shall at all times indemnify the Purchaser against all claims which may be made

in respect of the stores for infringement of any right protected by patent, registration of

designs or trade mark; provided always that in the event of any claim in respect of alleged

breach of a patent, registered designs or trade mark being made against the Purchaser, the

Purchaser shall notify the contractor of the same and the contractor shall , at his own expense,

either settle any such dispute or conduct any litigation that may arise therefrom.



33.0 Treatment of Data:

33.1 Ownership of all data, technical reports, photographs, drawings, plans, specifications, models,

patterns, samples, or any other information, including the test results attained, produced, or

acquired by Contractor from the Purchaser in connection with this Contract shall vest in

Purchaser. Contractor shall take all reasonable steps not to disclose or make available to third

parties the above in any manner unless Purchaser grants Contractor written permission to do

so.

33.2 Contractor shall not utilize specific results that it obtains from Purchaser or Purchaser’s test for

Contractor’s own purposes nor those of any third party. Contractor shall not retain such

information and results in Contractor’s general data base files after the Contract is concluded

and the results are reported. Contractor shall retain the information and results only in a

separate file, treated as proprietary and accessible only to Purchaser and to those employees of

Contractor who need to know the information and results to carry out the services contained in

the Contract. IN ANY EVENT, CONTRACTOR SHALL NOT RETAIN ANY DATA (OTHER THAN A

HARD COPY OF THE FINAL REPORT) BEYOND 90 DAYS OF CONCLUSION OF THE WORK DEFINED

BY THE CONTRACT AND SUBMISSION OF ALL DELIVERABLES. UNLESS PURCHASER HAS

SPECIFIED OTHERWISE IN WRITING, ALL DATA WILL BE RETURNED TO PURCHASER. Nothing

herein shall in any way limit or restrict Contractor from using any ideas, skills, know-how,

methodologies, and principles that may have been used, developed or enhanced in the course

of the work performed under the Contract.

33.3 Proprietary documents that originate with the Purchaser shall be marked “PROPRIETARY” by

Purchaser, and Contractor shall take all reasonable steps within its control to prevent the

unauthorized release of proprietary data.

33.4 The above restriction on the disclosure of proprietary data shall not apply to the data which

Contractor receives from a source other than the Purchaser, which is in the public domain,

which is developed by Contractor independently, or which Contractor is required to disclose

pursuant to an order of a court or other tribunal of competent jurisdiction.

33.5 Contractor will inform the Purchaser of the test results in writing. Test results and related

reports developed and prepared by the Contractor will neither represent nor imply any

endorsement by the Contractor of any product, service, or process.

34.0 Intellectual Property Rights:

34.1 All the design drawings, documents related with EMI- EMC analysis and study for Indian

Railways, manufacturing, testing, quality assurance, etc., arising out of this project, shall be the

exclusive property of IR.

34.2 IR shall have the exclusive transferable right to manufacture / get manufactured, from third

party(ies), consultancy arising out of this project for use in India, Asia and Africa (China, Japan,

South Korea excluded). This includes the right to use all drawings, specifications, technical

information etc necessary for the purchase of the relevant components from suppliers of these

components.

34.3 For EMI- EMC analysis and study for Indian Railways arising out of this project for use in other

parts of the world (other than those mentioned in clause 35.2 above), can be done by IR and/or

Contractor on mutually agreed terms.

34.4 IR shall have the right to make/ get EMI- EMC analysis and study for Indian Railways etc in

accordance with the Signal design developed.

34.5 IR shall also have the right to incorporate any technological improvements.

35.0



Executive Director Signal

for and on behalf of President of India

Research Designs and Standards Organisation Ministry of

Railways, Manak Nagar Lucknow-226011, UP, India,

fax-091-522-2452332



Annexure-I

Details of the Tenderer

Sr. No. Details Information

1 Full name

2. Address of Registered Head Office

3. Address of Branch office in India, if any

4. Address on which correspondence

regarding this tender should be made:

a) Postal Address

b) Telephone No. (including country code)

c) Fax No.

d) E-mail address



Annexure-II

Statement of Deviations from Instructions to Tenderer & Special Tender/Contract conditions

and General Conditions of Contract

(Part-II and Part-III of Tender Documents)


S.

N

o

Reference Clause No. and Description

of the clause no. of Tender Document

Deviation in the Offer Justification/reason

s of the Deviation

Part-

II/III

Claus

e No.

Description



Annexure-III

Statement of Deviations from Technical Specification of Work

(Part-IV of Tender Documents)

Tender No. RDSO/SD/GT/EMI/EMC/01

S.

N

o

Reference Clause No. and Description

of the clause no. of Tender Document

Deviation in the Offer Justification/reasons

of the Deviation

Claus

e No.

Description



Annexure-IV

Certificate of undertaking to be given by Tenderers

who have used tender documents downloaded from RDSO website

Tenderer will give a certificate as under:

(a) Cost of tender documents has been paid as required in tender notice.

(b) “I/We certify that I/we have checked the downloaded tender documents with the

tender documents available online at www.rdso.indianrailways.gov.in. and there is no

discrepancy/ variation/ printing mistake and it is further certified that no alteration/

modification has been made in the bid documents. I/We accept that the entire

responsibility of ensuring that these documents are as per original available on website

is mine/ours. I/We also agree that if anything contrary is found, the decision of RDSO

will be final and binding on me/us.”

Signature & Seal of the Tenderer

Full address with contact numbers & names with e-mail address



Annexure-V Rates for Work of Design and Development of Global Tender for Consultancy on EMI/EMC analysis and study for Indian Railways

Consultancy on EMI/EMC analysis and study for Indian Railways

No Expenditure Head Deliverable Rate Qty Price

Section 1

1 After the award of the contract the consultant

shall prepare a strategy document for approval

by IR, setting out how the activities shall comply

with the approach described in EN 50238, how

they will be managed and a list of the

measurements and simulations to be

undertaken. This document shall also describe

the information and equipment that will need to

be supplied by IR.

One report

Section 2 Track Circuit Receivers

2.1 Carry out laboratory type measurement of DC

track circuit to determine their susceptibility to

interference currents flowing in the rails.

This will cover four, ac immune 9 ohm types,

QTA1, QTA2 and QBAT.

The measurements shall take into account the

coupling of DC current to the receiver that may

result in WSF and a RSF.

The results shall be presented as values of pick

up and drop away current and voltage.

Compile a report of the findings.

One report for

all 4 DC track

circuits

2.2 Carry out laboratory type measurements of

audio frequency track circuits to determine their

susceptibility to interference currents flowing in

the rails.

This will cover the entire frequency range of the

types used by IR from the 6 nominated

manufacturers.


operating frequency, the bandwidth and the

Six reports,

one for each

manufacturer




conditions to produce both a WSF and a RSF.

The results shall be presented as a series of in

band threshold levels with the in band limits

being defined and also include any out of band

levels that are appropriate.

Compile a report of the findings with one report

per manufacturer type.

2.3 Carry out laboratory type measurement of

audio frequency track circuit bonds to

determine their susceptibility to interference

coupled to the receiver when the train passes

over the S bond.


types used by IR from the 6 nominate

manufacturers.

The results shall be presented as a coupling

factor between the rail currents under the train

and the receiver voltage for each applicable

frequency.


Six reports,

one for each

manufacturer

Section 3 Coupling to track circuits

3.1 Study of the coupling of DC current from the

train to the DC track circuit.

Consider single, double and quad track railways.

Compile a simulation model to determine the

coupling factor between the train and the track

circuit. This model will be applicable to the

electrification types; rail return, booster

transformer and auto transformer.

One report

3.2 Study of the coupling of traction harmonic

current from the train to the AFTC.

Consider single, double and quad track railways



circuit applicable to all of the AFTC frequencies.

One report




This model will be applicable to the



3.3 Study of the coupling of the rail currents under

the train with the track circuit receiver when the

train passes over an S bond.


coupling factor for all of the AFTC frequencies.

This study may be carried out in conjunction

with item 2.3

Six reports one

per

manufacturer

Section 4 Axle counter heads

4.1 Carry out susceptibility tests to determine the

susceptibility of the detection heads to

magnetic fields for the types used by IR.

The results to be presented as a magnetic field

strength in the x, y and z axis.

This shall cover all of the axle counter types

used by IR which are from seven manufacturers.

Compile a report of the results.

Seven reports

one per

manufacturer

4.2 Carry out tests to determine the rail currents

that may result in the levels of magnetic field

determined in 4.1.


used by IR which are from the seven

manufacturers.


Seven reports

one per

manufacturer

4.3 By measurement determine the amplitude of

the interference transverse voltage that when

coupled into an axle counter evaluator will

result in a loss of the transmitted data.




Seven reports

one per

manufacturer




4.4 Determine by simulation calculation the

inductive coupling of train emission interference

current into the axle counter transmission cable

and from this the amplitude of the transverse

voltage.

This will consider single, double and quad track

formations.

Use these results and those from item 4.3 to

determine permissible levels of interference

current.

One report


Induced Voltage coupling factor between the AC

electrified railway and signalling tail cable used

for point machines, point detection and signal

lighting. The emphasis is on the current

demand from longer and heavier goods trains.

Using the IR immunity levels for existing

equipment, determine the maximum length of

the signalling trackside cables for safe and

reliable working of signalling equipments

One report

Section 5

5.1 Demonstration of Compliance

Apply the information obtained from the

activities listed above together with, the

Internationally recognised systems of defining

margins for safety and availability, to determine

permissible levels of traction harmonic current

for all of the track circuits identified by IR.

This shall cover harmonic current limits for both

safety and availability.

One report

Items to be noted by Tenderer

1. It should be noted that the study must encompass all of the conditions that can cause

interference, affect the coupling of the interference and the susceptibility of the



equipment these being steady state and transient, normal operation, degraded

operation and fault conditions.

2. Where any of these conditions have been used in the study they shall be clearly

identified.

3. It should be noted that the application of the interference limits defined by the study,

to existing and any new rolling stock, is not a part of the contract.

4. It should be noted that the strategy document should explain how the work is

to be validated. This may make use of information gained from the study or

information from other projects provided that it is applicable and can be shown to be

valid for this project.

5. It should be noted that where rolling stock information is required, in particular as

digital recordings suitable for playback through an amplifier, this will be provide by

Indian Railways in a format requested by the Consultant if available else information

shall be provided in hard copy. The consultant may be requested to assist in obtaining

the information.

6. Details of the AC electrification system requested by the consultant shall be

provided by Indian Railways.

7. For carrying out measurements of track circuits Indian Railways will provide samples

from new, in use and refurbished types of track circuits.

Note:

1) Overwriting or use of fluid are liable to rejection of offer.

2) No unscheduled item should be included in the Price bid

3) Rates should include all type of taxes, save as otherwise mentioned in the tender

documents.

Signature of the Tenderer with Seal

Witnessed by: Name, Designation & seal

(From tenderer’s side)



Part-III

Tender Documents of


for

Consultancy on EMI/EMC analysis and study

for Indian Railways

General Conditions of Contract

((SSeeee AAppeennddiixx--11))



PPaarrtt--IIVV

Government of India

Ministry of Railways

Research Designs and Standards Organisation,

Technical Specifications & General requirements of contract

for the tender of

``Consultancy on EMI/EMC analysis and study for Indian Railways”

Lucknow – 226 011

(U.P.) India



Terms of reference for the “Consultancy on EMI-EMC analysis and study for Indian Railways”

1. Background of the Project:

Sub: Consultancy on EMI/EMC Analysis and study to be updated to meet the present

day requirement of longer, heavier and higher axle trains which is leading to

higher currents drawn from OHE.

1. Background:

1.0 Due to switching used in control of electric locomotive/ EMU, harmonics are

generated. Depending upon the power handled by the electric locomotive, the

magnitude of harmonic current increases. These harmonic current cause interference

to the signalling equipments like axle counters/Audio Frequency Track Circuits/ Train

Protection Systems similar to ETCS etc. which are installed on the track and may affect

safety and reliability of the signalling equipments. The harmonic currents also generate

noise in telecom circuits and may affect their reliability.

1.1 Further to this due to introduction of higher power locomotives/EMU’s etc. the

induced voltages in signalling cable has increased, this aspect needs to be studied and

maximum length of cables to be used for operation of signalling equipment, like point

machines and signals needs to be defined, considering the increase in OHE currents for

safe and reliable operation of signalling equipments as well as for human safety.

1.2 In early 90s a consultancy was awarded to Japan Railway Technical Service (JARTS) for

defining S&T interference limits to be followed in electric locomotives. They submitted

the report No. EST-1 of January 1993.

1.2.1 Based on this report, presently following limits are followed-

Overall limits of interference currents of EMU rakes/ complete locomotive are given

below (maximum interference currents generated per motor coach under the worst

possible conditions should be such that the value for complete rake should not exceed

these limits)-

S. No Interference current Overall

limit

1.0 Psophometric current AC traction 10.0 A

2.0 Psophometric current DC traction 2.0 A

3.0 DC component in AC mode 4.7 A

4.0 Second Harmonic component (100 Hz)

in AC traction

3.0 A

5.0 1000 Hz up to 5000 Hz 400 mA

6(i). >5000 Hz upto 32000 Hz 270 mA

6(ii). 39500 Hz upto 43500 Hz 270 mA

7.0 50 Hz components in DC mode 2.4 A



1.3 Limitations of the JARTS report:

M/s JARTS has estimated harmonic interference current limits considering up to a

maximum 5 locomotives in a feeding section, continuous traction current rating of

600Amps in 25 KVAC RE area and 6000 HP electric locomotives. They also assume that

not more than 2-3 trains or likely to start moving after stoppage/crawling

simultaneous. Also, they considered AFTC of only four frequencies (700, 2000, 2300

and 2600 Hz) and analog axle counters of 5 KHz.

Nowadays AFTC and axle counter are provided in automatic signalling section with

heavy traffic. In Mumbai suburban 4/6 line section of Western Railway about 40 to 50

trains are normally in operation in one TSS area. AFTCs and digital axle counters

ranging up to 50 KHz are in use in Indian Railways. Also, Train Protection Systems

similar to ETCS etc. are introduced.

In view of introduction of AFTC/DAC/TPWS equipments and heavy traffic, the harmonic

interference limits defined by M/s JARTS are now obsolete. There are many

intermittent/ random failures of signalling equipments are being reported in Railways

due to harmonics.

1.4 Consultancy Study

1.4.1. It is proposed to award a consultancy contract to an internationally accredited agency

for an EMI/EMC Analysis to update the harmonic interference limits that are necessary

to ensure the safe & reliable operation of Railway signalling and telecom equipment.

This shall take into account in particular the present day requirement for longer,

heavier and higher axle trains which draw higher currents from the OHE.

1.4.2 The study will cover the following train detection equipment; DC track circuits, audio

frequency track circuits and axle counters (refer to separate section for a list of the

manufacturers and operating frequencies, where applicable), IR will provide the

consultancy with details of the track circuit manufacturers, the installed equipment

and the configurations, readings from the maintenance records that record values of

the set up parameters and will nominate certain types or models that are considered

to be most suitable for the detailed measurements to be undertaken by the

consultancy. IR shall take into consideration the features of new and in service track

circuits. The consultancy will undertake the detailed measurements necessary to

determine the values of parameters that will be used to describe the track circuit

susceptibility.



1.4.3 The EMI/EMC analysis will also review the maximum lengths permitted for signalling

trackside cables taking into account, in particular, the increased current demand from

goods trains operating on the electrified railway. This study will be based upon

calculating the voltages induced into the cables from the OHE which will be compared

with the immunity levels of the existing signalling equipments, these levels to be

provided by Indian Railways. The limiting lengths are to be defined for the signalling

trackside cables used for 110 VDC point motors and point detection and signal lighting

circuits.

1.4.4 The analysis will consider their safe and reliable operation, as well as considering

human safety also.

2. Objective:

2.1 To study, measure and analyse EMI/EMC and from this update the harmonic

interference current limits for electric locomotives/ EMUs that will ensure the safe and

reliable operation of Railway signalling & telecom equipments of Indian Railways.

3. Scope:

3.1 The Indian railway electrification is predominantly a 25 kV AC electrified railway with

classical feeding i.e. rail return and booster transformer systems. There are also two

small sections with a -25 kV / 0 / +25 kV auto transformer feeding arrangement.

3.2 The track formation for the study shall be single, double and quad tracks in parallel.

3.3 The type of electric rolling stock used by Indian Railways is electric multiple units and

locomotives. Locomotive ratings vary from 3800 hp to 6280 hp which in the future will

be increased to 9000 hp and 12000 hp. The increase in the current that will be drawn

by the new locomotives is one of the reasons for re-evaluating the interference current

limits.

3.4 The study will consider the different types of signalling equipment that have been

identified by Indian Railways, which covers equipment installed to date and equipment

proposed for the near future. The signalling equipment that forms the scope of the

study is DC track circuits, audio frequency track circuits, axle counters and equipment

connected to signalling trackside tail cables.

3.4.1 A part of the study will involve the calculation of the longitudinal and the transverse

voltage coupled into trackside cables, the ratio of the two voltages being referred to as

the Longitudinal Conversion Loss (LCL). This applies where the susceptibility criteria for

some signalling equipment is based upon the transverse voltage (e.g. for axle counter



communication cables). Indian Railways appreciates that the condition of the signalling

cable affects the LCL value and therefore will provide the consultancy with values to be

used for the study.

3.5 The study, the measurement and the analysis of EMI/EMC shall be carried out as per

international standards

3.6 The EMI/EMC results shall be presented as a set of limiting values for safe and reliable

operation of Railway signalling & telecom equipments in Indian Railways.

3.7 The results shall be presented in such a manner that they can be applied to all type of

electric locomotives/EMUs running to date and proposed by IR for the near future.

3.8 The study will update the existing harmonic interference current limits or where none

currently exist will provide limit values.

3.9 It should be noted that the correlation of the interference current limits, that will be

defined by the study, with the train emissions is not a part of the scope of work. Any

measurement of train harmonic currents which are made to assess the compatibility of

rolling stock with signalling systems will be undertaken by Indian Railways. The

consultancy may be requested to provide recommendations for such measurements,

based upon the findings of the study.

3.10 It is also noted that the characteristics and the susceptibility of signalling equipment

that connects to the signalling track side tail cables (point machines, point detection

and signal lighting) will be provided by Indian Railways.

3.11 For the track circuits and axle counters systems the consultancy will determine the

equipment susceptibility in terms of frequency, amplitude and duration or other

parameters, whatever is necessary to describe the particular equipment.

3.12 The consultancy will determine the coupling factor between the interference current

emanating from the rolling stock and the signalling equipment, for the identified

electrification configurations and number of trains, Where the consultancy identifies a

worst case scenario, i.e. that which couples the highest level of interference to the

signalling equipment, the details shall be clearly explained in the study report.

3.13 Indian Railways will specify the safety margin that needs to be applied between the

signalling equipment susceptibility level and the interference current or interference

voltage that is coupled into the equipment or they may request the consultancy to

recommend internationally accepted safety margins.



3.14 The consultancy will determine the level of interference current that can be attributed

to the rolling stock for the safe and reliable operation of Railway signalling & telecom

equipments of Indian Railways.

4. Deliverables:

4.1 Reports to be in hard copy and electronic form

4.2 The third column of the following table lists the deliverables for each item.

5. Application of the new current limits

5.1 The results of the study will be a new set of interference current limits that can be

applied to the rolling stock of Indian Railways for the safe and reliable operation of the

signalling and telecom equipment according to the above scope.

5.2 The comparison of these limits with the emissions from the rolling stock for particular

traffic patterns will be undertaken by Indian Railways and is not a part of this study.

5.3 Any optimisation of the railway infrastructure and operations that Indian Railways may

wish to consider when the new current limits are published and which may require a

rework of the calculations, is not a part of this present study.



Scope of Work

After signing the agreement with consultant, work shall be in following stages:

Consultancy on EMI/EMC analysis and study for Indian Railways


Section 1

1 After the award of the contract the consultant

shall prepare a strategy document for approval

by IR, setting out how the activities shall comply

with the approach described in EN 50238, how

they will be managed and a list of the

measurements and simulations to be

undertaken. This document shall also describe

the information and equipment that will need to

be supplied by IR.

One report

Section 2 Track Circuit Receivers

2.1 Carry out laboratory type measurement of DC

track circuit to determine their susceptibility to

interference currents flowing in the rails.

This will cover four, ac immune 9 ohm types,

QTA1, QTA2 and QBAT.


coupling of DC current to the receiver that may

result in WSF and a RSF.

The results shall be presented as values of pick

up and drop away current and voltage.


One report for

all 4 DC track

circuits

2.2 Carry out laboratory type measurements of

audio frequency track circuits to determine their

susceptibility to interference currents flowing in

the rails.


types used by IR from the 6 nominated

manufacturers.


operating frequency, the bandwidth and the

conditions to produce both a WSF and a RSF.

The results shall be presented as a series of in

band threshold levels with the in band limits

Six reports,

one for each

manufacturer




being defined and also include any out of band

levels that are appropriate.

Compile a report of the findings with one report

per manufacturer type.

2.3 Carry out laboratory type measurement of

audio frequency track circuit bonds to

determine their susceptibility to interference

coupled to the receiver when the train passes

over the S bond.


types used by IR from the 6 nominate

manufacturers.

The results shall be presented as a coupling

factor between the rail currents under the train

and the receiver voltage for each applicable

frequency.


Six reports,

one for each

manufacturer

Section 3 Coupling to track circuits

3.1 Study of the coupling of DC current from the

train to the DC track circuit.

Consider single, double and quad track railways.



circuit. This model will be applicable to the



One report

3.2 Study of the coupling of traction harmonic

current from the train to the AFTC.

Consider single, double and quad track railways



circuit applicable to all of the AFTC frequencies.

This model will be applicable to the



One report




3.3 Study of the coupling of the rail currents under

the train with the track circuit receiver when the

train passes over an S bond.


coupling factor for all of the AFTC frequencies.

This study may be carried out in conjunction

with item 2.3

Six reports one

per

manufacturer

Section 4 Axle counter heads

4.1 Carry out susceptibility tests to determine the

susceptibility of the detection heads to

magnetic fields for the types used by IR.

The results to be presented as a magnetic field

strength in the x, y and z axis.




Seven reports

one per

manufacturer

4.2 Carry out tests to determine the rail currents

that may result in the levels of magnetic field

determined in 4.1.


used by IR which are from the seven

manufacturers.


Seven reports

one per

manufacturer

4.3 By measurement determine the amplitude of

the interference transverse voltage that when

coupled into an axle counter evaluator will

result in a loss of the transmitted data.




Seven reports

one per

manufacturer


inductive coupling of train emission interference

current into the axle counter transmission cable

One report




and from this the amplitude of the transverse

voltage.

This will consider single, double and quad track

formations.

Use these results and those from item 4.3 to

determine permissible levels of interference

current.


Induced Voltage coupling factor between the AC

electrified railway and signalling tail cable used

for point machines, point detection and signal

lighting. The emphasis is on the current

demand from longer and heavier goods trains.

Using the IR immunity levels for existing

equipment, determine the maximum length of

the signalling trackside cables for safe and

reliable working of signalling equipments

One report

Section 5

5.1 Demonstration of Compliance

Apply the information obtained from the

activities listed above together with, the

Internationally recognised systems of defining

margins for safety and availability, to determine

permissible levels of traction harmonic current

for all of the track circuits identified by IR.

This shall cover harmonic current limits for both

safety and availability.

One report

4. Responsibilities of RDSO:

4.1 RDSO will supply the data as per requirement regarding maximum currents which

could be drawn by OHE, equipments for all kind of track circuits and axle counters,

immunity levels of all kind of track relays and point motors.

If needed, RDSO will provide two nos. of officials for testing support in india or

abroad.



RDSO shall be responsible for coordinating the visits of the Consultant. However,

travel logistics costs shall be borne by consultant.

5. Responsibility of the Consultant:

The Consultant shall be responsible for:

• Undertaking the complete responsibility of EMI-EMC analysis for Indian Railways.

• Intimating RDSO for required inputs with a lead-time of at least 03 weeks.

• Supplying any information related to the project sought by RDSO during the

project.

• Consultant will understand the time constraints for the project and will put their

best resources to complete it in given timeframe.

• Design information supplied by RDSO should be utilized only for the project and

not for any other purpose in any manner without written permissions from RDSO.

• The contractor shall be responsible for his own travel expenses.

6. Deliverables:

a) International literature on EMI-EMC analysis

b) Preliminary report.

c) Data record.

d) Final Reports.

7. Co-ordinators Representing RDSO and the Consultant:

RDSO: Exe. Director (Signal), RDSO or any other official nominated by him

Consultant

The Consultant shall submit the names and phone number of the official who

will co-ordinate with RDSO. The Consultant should submit the names, qualifications

and credentials of the experts involved at each stage of the project.

8. Profile of the Consultant:

8.1 Experience:

(i) The Consultant should have international experience of carrying out similar

study of EMI-EMC analysis for a period of not less than 10 years. Suitable

documentary evidence should be submitted.

(ii) The Consultant should have sufficient working experience. in providing

information related to EMI-EMC analysis. He should also submit details of

having executed more than one integrated project involving all above

disciplines together in a major railroad application. Proof of satisfactory

completion of such projects in last three year should be submitted.

(iii) The Consultant Firm should have required facilities required for this

consultancy work.

(iv) The Consultant Firm should have pool of experts who have sufficient

experience of working in this field. The Project Co-ordinator shall have a



minimum experience of at least 15 years in the field and she/He should be a

professional of repute.

(v) The names of experts along with their experience details should be provided.

(vi) The Participating firm shall clearly indicate the equipments available with them

for carrying out lab simulation tests and shall also give the details of tests

carried out in past.

8.2 Minimum Eligibility Criteria:

c) The tenderer should have completed in last three years (i.e. current year

and 03 previous financial years) atleast one similar single work for a

minimum value of 35% of advertised tender value.

Similar nature of work is defined as “Consultancy for EMI/EMC Analysis

for safety critical electrical and electronic systems”.

d) Financial Eligibility Criteria: The tenderer should have received contractual

payment equivalent to a minimum of 150% of advertised tender value of

work during the last three years (i.e. current year and 03 previous financial

years).

9.0 NIL

10. Duration of Project:

10.1 Total project duration will be Total 9 months from the date of award of the tender,

10.2 All efforts shall be made by RDSO to adhere to the timeframe given above.

However, RDSO shall not accept any financial responsibility for delay due to

reasons beyond its control.

11 Review of the Project:

11.1 Executive Director Signal or nominated representative may call for any meeting

between stages if deemed necessary.

11.2 Any dispute in the scope of project, speed of implementation etc. shall be resolved

jointly by the project co-coordinator representing the consultant and Director Signal

representing RDSO. In case of any disagreement, the matter shall be referred to the Sr.

Executive Director Signal, RDSO, Manaknagar, Lucknow whose decision shall be final.

12. Payment Terms: -

For the consultancy of EMI-EMC analysis and study for Indian Railways, the payment

terms shall be as under

a) 95 % payment of subtotal of the rate schedule, to be made on completion of

activities mention in schedule of Part-IV for every individual item, subject to

maximum amount being 15% of the total tender cost and when the respective

activity is completed.

b) Balance 5 % of subtotal of rate schedule to be paid on completion of all

contractual obligations.

Payment shall be made after contractor submits necessary bills/invoice and necessary

reports/documents/ drawings/code/manuals, as applicable for respective activities,

and which are found satisfactory by the Project Officer.


Signature of Tenderer

Page 48 of 114

Apendix-1

Part III

RDSO

SIGNAL DIRECTORATE

WORKS HAND BOOK PARTS I & II

GENERAL CONDITIONS

OF CONTRACT

Incorporating Correction Slip No. 1 to 5 and a mendments issue d vide Bd’s le tte r No.2003/CE-I/CT/4/P t-I dt.12-05-06, 07-12-06, 23-

05-07 a nd da te d 23.01.08 and lette r no. 2007/CE.1/CT/18 dt. 28- 09-2007 and date d 07-03--8

i



Page 49 of 114

PAR T-I

REGULA TIO NS FOR TEND ERS A ND CO NTRAC TS

CONTENTS

PARA MEANLING OF TERMS

PAGE

NO.

1. 1.2 DEFINIT IONS 53 1.3 S INGULAR AND PLURAL 54

INTERPRET ATION

CRED ENTIALS OF CONTRACTORS

2. APPLICAT ION FOR REGIS TRAT ION 54&55 3. TENDER FORMS 56 4. OMISS IONS AND DIS CREPANCIES 56 5. EARN ES T MONEY 56 6. CARE IN S UBMILSS ION OF TENDERS 57

CONS IDERAT ION OF TENDERS

7. RIGHT OF RAILWAY TO DEAL WIT H T ENDERS 57

CONTRACT DOCUMENTS

8. EXECUT ION OF CONTRACT DOCUMENTS 58

9. FORM OF CONTRACT DOCUMENTS 58

ANNEXURE I TENDER FORMS (FIRS T S HEET) 59 TENDER FORMS (S ECOND S HEET) 60-63 TENDER FORMS (THIRD S HEET) 64

ANNEXURE II AGREEMENT FOR ZONE CONTRACT 65 ANNEXURE III WORK ORD ER UND ER ZONE

CONTRACT 66-67

ANNEXURE IV CONTRACT AGREEMENT FORM 68 ANNEXURE V WORK ORD ER FOR WORKS 69

CONTRACTOR’S AGREEMENT 70-71 ANNEXURE VI WORK ORD ER FOR WORKS 72

ii



Page 50 of 114

Clause

PAR T-II

GENERAL CO NDI TIONS OF CO NTRACT

CONTENTS DEFINITIONS AND INTERPRETTION

Page No.

1. (1) Definitions 73 (2) Singular and Plural 74 (3) Heading and Marginal Headings 74

GENERAL OBLIGATIONS

2. Execution, Co-relation and Intent of General Documents 75

3. (1) Law governing the Contract 75 (2) Compliance to Regulations and by e-laws 75

4. Communications to be in writing 75

5. Service of Notices on Contractors 75

6. Occupation and use of Land 76 7. Assignment or sub-lett ing of Contract 76

8. Assistance by the Railway for the Stores t be obtained by the Contractor 76

9. Railway Passes 76

10. Carriage of Materials 76

11. Use of Ballast Trains 76

12. Rep resentation on Works 77

13. Relics and Treasures 77

14. Excavated M aterial 77

15. Indemnity by Contractors 77

16. (i) & (ii) Earnest Money and Security Dep osit 77 (iii) Interest on Amount 78 (iv) Performance Guarantee (PG) 79

17. Time to be essence & Extension of time 79 (1) Extension due to modif ication 80 (2) Extension for delay not due to Railway /Contractor 80 (3) Extension of time for d elay due to Railway 80

(4) Extension of time for d elay due to Contractor 81

18. & (2) Illegal Gratification 82 EXECUTION OF WORKS 19. (1) Contractor’s Understanding 82 (2) Commencement of Works 82 (3) Accep ted Programme of Work 82

(4) Setting out of works 83

20. (1) Comp liance to En gineer’s instructions 83 (2) Alterations to be authorized 83 (3) Extra Works 83 (4) Sep arate Contracts in connection with works 83

21. Instruction of Engineer’s Rep resentative 84

22. (1) Adherence to sp ecifications and Drawin gs 84

(2) Drawings and sp ecifications on the works 84 (3) Ownership of Drawings and sp ecifications 84 (4) Comp liance with contractors Request for Details 84

(5) M eaning and Intent of sp ecifications and Drawings 84

23. Work During Night 85

iii



Page 51 of 114

24. Damage to Railway Prop erty or Private Life and Prop erty 85

25. Sheds Stores-houses and Yards 85 26. Provision of Efficient and comp etent staff 85

27. 1) Workmanship and Testing 86

32 2) Removal of I mp rop er work and M aterials 86 28. Facilities for Insp ection 86 29. Examin ation of Work before coverin g up 86 30. Temp orary Works 87 31. (1) Contractor to supp ly Water for Works 87

(2) Water supp ly from Railway Sy stem 87

(3) Water Sup p ly by Railway Transp ort 87 (4) (a) Contractor to Arrange supplyof Electric Power for works 87 (b) Electric supply from the Railway Sy stem 87

32. Prop erty in M aterials and Plant 88 33. (1) Tools, p lant and materials supp lied by Railway 88 (2) Hire of Railway s Plant 88 34. (1) Precautions during Pro gress of Works 88

(2) Roads and Water Courses 88

(3) Provision of Access to Premises 89 (4) Safety of Public 90 35. Use of Exp losive 90 36. (1) Suspension of work 90

(2) Suspension last ing more than Three M onths 90

37. Rates for Items of Works 90

38. Demurrage and Wharfage Dues 90 39. Rates for Extra Items of Works 90 40. (1) Handing ov er of Works 91

(2) Clearan ce of Site on Comp letion 91 VARIATION IN EXTENT OF CONTRACT 41. M odification to Contract to be in writing 91

42. (1) & (2) Power of M odifications to Contract 91 (3) Valu at ion of Var iation 91

43. (1) M onthly Statement of Claims 92

(2) Signin g of ‘No Claim C ertificate’ 92

MEASUREM NTS, CERTIFICATES AND PAYM ENTS 44. Quantities n Schedule annexed to Contract 93 45. M easurements of Works 93

46. (1) “On-Account” Pay ments 93

(2) Rounding off Accounts 94 (3) “ On-Account” Pay ments no Prejudicial to FinalSettlement 94 (4) M anner of Pay ment 94

47. M aintenance of Works 94 48. (1) Certificate of Comp letion of Works 94

(2) Contractor not absolved by Comp letion Certificate 95 49. App roval only by M aintenance Certificate 95 50. (1) M aintenance Certificate 95 (2) Cessation of Railway ’s Liability 95 (3) Unfulfilled Obligations 95 51. (1) Final Pay ment 95

iv



Page 52 of 114

Annexure I Proforma for Time extention 110 Annexure II Proforma for Certificate of Fitness 111 Annexure III Proforma for 7 day s notice 112 Annexure I V Proforma for 48 hrs. notice 113 Annexure V Proforma for Termination notice 114

(2) Post-Pay ment Audit 96 51A. Production of vouchers etc. by the Contractor 96 52. With-holdin g and Lien in r esp ect to Sums claimed 96

52A. Lien in r esp ect of Claims in other Contracts 97 53. Signature on Receip ts for Amounts 97 54. Wages to Labour 98

54A. App rentice Act 98 55. Provisions of Pay ments of Wages Act 98

55A. Provision of Contract Labour (Regu lation and Abolition) 99 Act 1970

56. Rep orting of Accidents to Labour 100 57. Provision of Workmen’s Comp ensation Act 100

57A. Provision of M ines Act 100 58. Railway not to Provide Quarters for Contractors 100 59. (1) Labour Camp s 100

(2) Comp liance to Rules for Emp loy ment of labour 101 (3) Preservation of Peace 101 (4) Sanitary Arrangements 101 (5) Outbreak of Infectious Disease 101 (6) Treatment of Contractor’s Staff in Railway Hosp itals 101

(7) M edical facilities at Site 101 (8) Use of Intoxicants 102 (9) Non-emp loy ment of Female labour 102 (10) Restriction on the Emp loy ment of Retired Engin eers of 102 Railway Service within two y ears of their retirement

60. (1) Non-emp loy ment of Labour below the Age of 15 102 (2) M edical Certificate of Fitness for Labour 102

(3) Period of Validity of M edical Fitness Certificate 102 (4) M edical re-examination of labour 102

61. (1) Right of Railway to determine Contract 103 (2) Pay ment on Determination of contract 103

62. (1) Determination of Contract owing to default of 103 Contractor (2) Right of Railway after rescission of Contract owing to 105 default of contractor SETTLEM ENT OF DISPUTES

63. M atters Finally determined by the Railway 106 64. (1) Demand for Arbitration 106

(2) Obligations during Pend ency of Arbitration 107 (3) App ointment of Arbitrator 107

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Page 53 of 114

PAR T-I

REGULA TIO NS FOR TEND ERS A ND CO NTRAC TS FOR

THE GUIDA NC E OF ENGI NEERS & CONTR AC TORS FOR

ENGI NEERING WOR KS

MEA NING OF TER MS 1.1 These Regu lations for Tenders and Contracts shall b e read in conjunction with the General Conditions of Contract which are ref erred to herein and shall be subject to modifications additions or sup ersession by sp ecial conditions of contract and/or sp ecial sp ecifications, if any , annexed to the Tender Forms.

1.2 Definition:- In these Regulations for Tenders and Contracts the following terms shall hav e the meanin gs assigned hereund er excep t where the context otherwise requires.

(a) “Railway ” shall mean the President of the Rep ublic of India or the Administrative Officers of the Su ccessor Railway authorized to deal with any matters, which these p resents are concerned on h is behalf.

(b) “General M anager” shall mean the Officer-in-Ch ar ge of the gen eral sup erintendence and control of the Railway and shall also include the General M anager (Construction) and shall mean and include their successors, of the Successor Railway .

(c) “Chief En gineer” shall mean the Officer inchar ge of the En gin eerin g Dep artment of ………….. Railway and shall also include the Chief Engineer (Construction), Chief Electrical En gin eer and Chief Electrical En gineer (Construction) and shall mean and includ e their successors of the Successor Railway .

(d) “Divisional Railway M anager ” shall mean the Officer in charge of a Division of the …………. Railway and shall mean and include the Divisional Railway M anager of the Successor Railway .

(e) “Engineer” shall mean the Divisional Engineer or the Executive Engineer, Divisional Signal and Telecommun ication En gineer, Div isional Sign al and Telecommun ication En gin eer (Construction), Divisional Electrical En gineer and Divisional Electrical En gineer (Construction), in executive char ge of the works and shall include the sup erior officers of the En gineerin g, Sign al & Telecommunication, and Electrical Dep artment of Railway i.e., the Senior Divisional En gineer/Dep uty Chief En gineer/Chief Engineer / Chief Engineer (Construction), Senior Divisional Signal andTeleco mmunication En gineer / Dep uty Chief Signal and Telecommun ication En gin eer / Chief Sign al & Telecommun ication En gin eer /& Telecommun ication En gineer (Construction), Senior Div isional Electrical En gin eer / Dep uty Chief Electrical En gineer / Chief Electrical En gineer (Construction) / and shall mean and in clude the En gineers of the Su ccessors Railway .

(f) “Tenderer” shall mean the p erson / the firm / co-op erative or comp any whether in-corp orated or not who tenders for the works with a view to execute the



Page 54 of 114

works on contract with the Railway and shall include their p ersonal rep resentatives, successors and p ermitted assigns. (g) “Limited Tenders” shall mean tenders invited from all or some Contractors on the app roved or select list of Contractors with the Railway .

(h) “Op en Tenders” shall mean the tenders inv ited in op en and p ublic manner and with adequate notice.

(i) “Works” shall mean the works contemp lated in the drawings and sch edules set forth in the tender forms and required to be executed accordin g the sp ecifications.

(j) “Sp ecifications” shall mean the sp ecifications for M aterials an works of the ………….. Railway as sp ecified in Part-III of the Works Hand Book issued under the authority of the Chief Engin eer or as amp lified, add ed to or sup erseded by sp ecial sp ecifications if any , app ended to the Tender Forms.

(k) “Schedule of Rates of the ……….. R ailway ” shall mean the sch edule of Rates issued under the authority of the Chief Engin eer from time to time.

(l) “Drawings” shall mean the map s, drawings, p lans and tracings or p rints thereof annexed to the Tender Forms.

1.3 Words imp orting the singular numb er shall also in clude the p lural and vice versa where the context requir es.

2.1 Application for registration:- Works of construction and of supp ly of

material shall b e entrusted for execution to contractors whose cap abilities and financial status have been investigated and ap p roved to the satisfaction of the Railway . For this p urp ose, list of app roved contractors shall be maintain ed in the Railway . The said be revised p eriodically once in a y ear or so by givin g wise p ublicity through advertisements etc.

A Contractor including a contractor who is already on the app roved list shall

app ly to the nearest General M anager (Construction), Chief Administrative Officer (Construction), Divisional Railway M anager, Chief En gineer/Chief Engineer (Construction), Chief Sign al and Telecommun ication En gineer/Chief Signal & Telecommun ication En gineer (Construction) and Chief Electrical En gineer / Chief Electrical En gineer (Construction), furnishin g p articulars regardin g:-

(a) his p osition as an indep endent contractor sp ecify ing Engineer in g organization available with details or Partners / Staff / En gin eers emp loy ed with qualifications and exp erien ce;

(b) his cap acity to undertake and carry out works satisfactorily as vouched for by a resp onsible official or firm, with details about he transp ort equip ments, construction tools and p lants etc., required for the work maintained by him;

(c) his p revious exp erience of works similar to that to be contracted for, in p roof of which original certificates or testimonials may be called for and their genuin eness verified if needs be, by referen ce to the signatories thereof;



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(d) his knowled ge fro m actual p ersonal inv estigation of the resources of the area/zone or zones in which he off ers to work;

(e) his ability to sup ervise the work p ersonally or by comp etent and duly authorized agent;

(f) his financial p osition;

(g) Authorized copy of the current income-tax Clearan ce Certificate.

2.2 An app licant shall clear ly state the categories of works and the area / zone / division (s) / district (s) in which he desires registration in the list of app roved contractors.

2.3 The selection of contractors for enlistment in the app roved list would be done by a committee for different value slabs as notified by Railway .

2.4 An annual f ee as p rescribed by the Railway from time would be char ged from such app roved contractors to cover the cost of sending notices to them and clerkage for tenders etc.

2.5 The list of app roved contractors would be treated as confidential office record.



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TEND ERS FOR WOR KS

3. Tender Form:- Tender Forms shall embody the contents of the contract documents either directly or by reference and shall be as p er sp ecimen form, Annexure-1. Tender Forms shall b e issued on p ay ment of the p rescribed fees to the app rop riate contractors on the list app roved contractors. Contractors not on the list of app roved contractors, will on p ay ment of the p rescribed fees, be furnished with tender forms an they shall be required to submit evidence regardin g their financial status, p revious exp erience and ab ility to execute the works, and an authorized copy of the current Income Tax Clearan ce Certificate without which their tenders will not be considered.

4. Omissions & Discrepancies:- Should a tender find discrep ancies in or omissions from the drawings or any of the Tender Forms or should he be in doubt as to their meanin g, he should at once notify the authority inviting tenders who may send a written instruction to all tenders. It shall be understood that every endeavor has been made to avoid any error which can materially effect the basis of the tender and the successful tenderer shall take up on himself and p rovide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

5. Earnest

Money:-

(1)(a) The tenderer shall b e requ ired to dep osit earnest money with the tender for the due p erformance with the stip ulation to keep the offer op en till such date as sp ecified in the tender, under the conditions of tender. The earnest money shall be as under:

Valu e of the work EM D A For works estimated to cost up to

Rs. 1 crore 2% of the estimated cost of the work

B For works estimated to cost more than Rs. 1 crore

Rs.2 lakhs p lus 1/2% (half p ercent)of the excess of the estimated cost of work bey ond Rs1 crore subject to a maximum of Rs 1 crore.

The earnest money shall be rounded to the nearest Rs.10. This earnest money shall be app licable for all modes of tenderin g.

(b) It shall be understood that the tender documents have been sold /issued to the tenderer and the tenderer is p ermitted to tender in consideration of stip ulation on his p art, that after submitting his tender he will not resile from his off er or modify the terms and cond itions thereof in a manner not accep table to the En gineer. Should the tenderer fail to observe or comp ly with the said stip ulation, the aforesaid amount shall be liab le to be forfeited to the Railway .

(c) If his tender is accep ted this earnest money mentioned in sub clause (a) above will be retained as p art security for the due and faithful fulfillment of the



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contract in terms of Clause 16 of the General Conditions of Contract. The Earnest Money of other Tenderers shall, save as here before in p rovided, be r eturned to them, but the Railway shall not be resp onsible for any loss or dep reciation that may happ en thereto while in their p ossession, nor be liable to p ay interest thereon.

(2)(a) The Earnest M oney should be in cash or in any of the followin g forms:-

(i) Dep osit receip ts, p ay orders, demand drafts. These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve B ank of India will be n ecessary .

(ii) Dep osit receip ts executed by the Scheduled Banks (other than the State Bank

of India and the Nationalised B anks) ap p roved by the Reserve Bank of India for this p urp ose.

(b) Earnest money may be accep ted in the following for ms:- (i) A dep osit in cash (ii) Government securities at 5% below the market value (iii) Dep osit receip ts or demand drafts of the Nationalized Bank (iv) A dep osit in the Post Office Savin g Bank (v) National Sav in gs Certificates (vi) Twelve Year National Defence Certificates (vii) Ten Year Defen ce Dep osits (viii) National Defence Bonds (ix) Time Dep osit Account which came into force on 16.03.1970 and notified

under. M inistry of Finance, Notification No.F3(7)NS/70, dated 28.02.70

(x) IRFC Bonds Note:- (vi) to (viii) These certificates/bonds may be accep ted at their surrender value.

6. Care in Submission of Tenders:- (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual insp ection of the site and locality of the works, that all conditions liable to be en countered durin g the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all in clusive to accord with the p rovisions in Caluse-37 of the General Conditions of Contract for the comp letion of works to the entire satisfaction of the Engineer.

When work is tendered for by a firm or comp any of contractors, the tender

shall be sign ed by the individual legally authorized to enter into commitments on their behalf.

(c) The Railway will not bound by any p ower of attorney granted by the tenderer or by chan ges in the comp osition of the fir m made subsequent to the execution of the contract. It may , however, recognize such p ower of attorney and changes after obtaining p rop er legal adv ice, the cost of which will b e char geable to the contractor.

7. Right of Railway to deal with Tenders:- The Railway reserves the right of not to inv ite tenders for any of Railway work or works or to invite op en or limited



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tenders and when tenders are called to accep t a tender in whole or in p art or reject any tender or all tenders without assignin g reasons for any such action.

CONTRAC T DOC UMENTS

8. Execution of Contract Document:- The Tenderer whose tender is accep ted shall be required to app ear in p erson at the office of the General M anager/Gen eral M anager (Construction). Chief Administrative Officer (Construction), Divisional Railway M anager or concerned En gin eer, as the case may be, or if a firm or corp oration, a duly authorized rep resentative shall so app ear and execute the contract documents within 7 days after notice that the contract has been awarded to him. Failure to do so shall constitute a breach of the agreement affected by the acceptance of the tender in which case the full value of the earn est money accomp any ing the tender shall stand forfeited without p rejudice to any other rights or remedies.

In the event of any tenderer whose tender is accep ted shall refuse to execute

the contract document as here in before p rovided, the Railway may determine that such tenderer h as abandon ed the contract and there up on his tender and accep tance thereof shall be treated as cancelled and the R ailway shall b e entitled to forefeit the full amount of the Earnest M oney and to recover the damages for such defau lt.

9. Form of Contract Document: Every contract shall be comp lete in resp ect of the document it shall so constitute. Not less than 2 cop ies of the contract document shall be signed by the comp etent authority and the contractor and one copy given to the contractor.

(a) For Zone contracts, awarded on the basis of the p ercentage above or b elow the Schedu le of Rates …… Railway for the whole or p art of financial y ear, the contract agr eement required to be executed by the tenderer whose tender is accep ted shall be as p er sp ecimen form, Annexure II. During the currency of the Zone Contract, work orders as p er sp ecimen form Annexure III or I V, for works not exceedin g Rs.10,000/- each, shall b e issued by the Divisional Railway M anager / Executive En gineer under the agreement for Zone Contract.

(b) For contracts for sp ecific works, valued at more than Rs.10,000/- the contract document required to be executed by the tenderer whose tender is accep ted shall be either an A greement as p er sp ecimen form Annexure IV, or a work order as p er sp ecimen form Annexur e V as may be p rescribed by the Railway .



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ANNEXURE 1 ………….RAILWAY

TENDER FORMS (FIRS T S HEET) Tender No……………………………………. Name of work ………………………………..

To The President of India Acting through the ……………….. ……………………………………. …………………………………….Railway

I/We …………………..h ave r ead the v arious cond itions to tender attached

here to and agree to ab ide by the said cond itions. I/We also agree to keep this tender op en for accep tance for a p eriod of …………….. day s from the date fixed for op ening the same and in default thereof, I/We will be liab le for forfeiture of my /our “Earnest M oney ”. I/We offer to do the work for …………………..Railway , at the rates quoted in the attached schedu le and hereby bind my self/ourselves to comp lete the work in all resp ects within ………………………months from the date of issue of letter of accep tance of the tender.

2. I/We also hereby agree to abide by the General Conditions of contract corrected up to p rinted/advance corr ection slip No………. dated …..and to carry out the work accordin g the Sp ecial Conditions of Contract and Sp ecifications of materials and works at laid down by Railway in the annexed Sp ecial Condition/Sp ecifications and the …. Railway Works Hand Book Part II/III corrected up to p rinted/advance correction slip No. dated ………….Sanitary Works Hand Book corrected up to p rinted/advance corr ection slip No……… dated ……. Sch edule of Rates Part I and Part II corrected up to p rinted/advance corr ection slip No. …. Dated ….. for the p resent contract.

3. A sum of Rs…….. is herewith forwarded as Earnest M oney . The full value of the earnest Money shall stand forfeited without p rejudice to any other right or remedies in case my /our Tender is accep ted and if:- (a) I/We do not execute the contract docu ments within seven d ay s after receip t of notice issued by the Railway that such documents are ready ; and

(b) I/We do not commence the work within fifteen day s after receip t of orders to that effect. 4. Until a formal agr eement is p rep ared and executed, accep tance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of accep tance of my /our offer for this work.

Signature of Witness:-

(1)…………………

(2)…………………

………………………………… Signature of Tender(s) Date………..

Address of the Tender(s)



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ANNEXURE I (Contd…) TENDER FORMS (S ECOND S HEET)

1. Instructions to tenders and conditions of tender:- The following documents form p art of Tender / Contract:-

(a) Tender forms – First Sheet and Second Sheet (b) Sp ecial Cond itions/Sp ecifications (enclosed) (c) Schedu le of ap p roximate quantities (enclosed) (d) General Conditions of Contract and Standard sp ecifications for materials and

works as laid down in Works Hand Book and Sanitary Works Hand Book of …………. Railway , as amended/corrected up to correction slips mentioned in First Sheet of Tender Form, cop ies of which can b e seen in the office of ………….or obtained from the office of the Chief Engin eer……… Railway on p ay ment of Rs……….. & Rs….. resp ectively .

(e) Schedu le of Rates – Part I and Part II as amended / corrected up to correction slip as mentioned in First Sheet of Tender sheet of tender form, cop ies of which be seen in the office of ……….. or obtained fro m the Chief En gineer…. ……… Railway on p ay ment of Rs……….. & Rs……… resp ectively .

(f) All gener al and detailed dr awin gs p ertaining to this work which will be issued by the Engineer or his rep resentatives (from time to time) with all chan ges and modifications.

2. Drawings for the work:- The Drawin g for the work can be seen in the office of the ….….. and / or Chief ………... at any time dur in g the office hours. The gen erally on the drawings are only for the guid ance of Tender(s). Detailed workin g drawings. ( if requ ired) b ased gener ally on the drawin g mentioned above, will be giv en by the Engineer or his rep resentative from time to time.

3. The Tender(s) shall quote his / their rates as a p ercentage above or b elow the schedule of R ates of the …….. Railway ……. as……..ap p licable to ……Division excep t where he/they are required to quote item r ates and must tender for all the items shown in the schedule of ap p roximate quantities attached. The qu antities shown in the attached schedule ar e given as a guid e and are ap p roximate only and are subject to variation accordin g to the needs of the Railway . The Railway does not guarantee work under each item of the schedu le.

4. Tenders containin g er asures and / or alterations of tender do cuments are liable to be rejected. Any correction made by tender(s) in his their entries must be attested by him / them.

5. The works are requir ed to be comp leted within a p eriod of …… months from the date of issue of accep tance letter.

6. Earnest Money: (a) The tender must be accomp anied by a sum of Rs…..…... as earnest mon ey dep osited in cash or in any of the for ms as mentioned in Regu lations for tenders and Contracts for the guidance of the Engineers and Contractors, failing which the tender will not be consider ed.



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(b) The Tender(s) shall keep the offer op en for a minimum p eriod of …. day s from the date of op enin g of the Tender. It is understood that the tender documents has been sold /issued to the Tender(s) and the Tender(s), is / are p ermitted to tender in

consideration of the stip ulation on his / their p art that after submitting his / their tender subject to the p eriod bein g extended further if r equired by mutual agreement from time to time, h e will not resile from his off er or modify the terms and conditions thereof in a manner not accep table to the …….… of ……..…. Railway . Should the tender fail to observe or comp ly with the foregoin g stip ulation, the amount dep osited as Earnest M oney for the due p erformance of the above stip ulation shall be forfeited to the Railway .

(c) If the tender is accep ted, the amount of Earnest M oney will be retain ed and adjusted as security Dep osit for the due and faithful fulfillment of the contract. This amount of Security Dep osit shall be forfeited if the tenderer(s)/Contractor(s) fail to execute the Agreement Bond within 7 days after receip t of notice issued by Railway that such documents are ready or to commence the work within 15 days after receipt of the order to that effect.

(d) The Earnest M oney of the unsuccessful tender(s) will, save as herein-before p rovided be returned to the unsuccessful tender(s) within a reasonable time but the Railway shall not be resp onsible for any loss or dep reciation that may happ en to the Secur ity for the due p erformance of the stip ulation to keep the offer op en for the p eriod sp ecified in the tender documents or to the Earnest M oney while in their p ossession nor be liable to p ay interest thereon.

7. Rights of the Railway to deal with tender:- The authority for the accep tance of the tender will rest with the Railway . It shall not be obligatory on the said authority to accep t the lowest tender or any other tender and no tender er(s) shall demand any exp lanation for the cause of rejection of his/their tender nor the Railway to assign reasons for declinin g to consider or reject any p articular tender or tenders.

8. If the tender(s) deliber ately giv es / giv e wron g infor mation in h is / their tender or creates / create cir cumstances for the accep tance of his / their tender, the Railway reserves the right to reject such tender at any stage.

9. If the tenderer(s) exp ires after the submission of his / their tender or after the accep tance of his their tender, the Railway shall deem such tender cancelled. If a p artner of a firm exp ires after the submission of their tender or after the accep tance of their tender, the Railway shall deem such tender as cancelled, unless the firm retains its character.

10. Income Tax Clearance Certificate:- The Tenderer(s) is/are requir ed to p roduce alongwith his/their tender an authorized cop y of the Income-Tax Clear ance Certificate or a sworn affidavit duly counter signed by the Income Tax Officer to the effect that he has / they have no taxable in come.

11. Tender’s Credentials:- Documents testify ing tender’s p reviously exp erience and financial status should be p roduced alon g with the tender or when desired by comp etent authority of the ….…… Railway .



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Tender(s) who has / have not carr ied out any work so far on this Railway and who is / are not borne on the ap p roved list of the Contractors of …………. Railway s should submit along with his / their tender cr edentials to establish.

(i) His cap acity to carry out the works satisfactorily . (ii) His financial status supp orted by Bank reference and other documents. (iii) Certificates duly attested and testimonials regard in g contractin g

exp erien ce for the typ e of job for which tender is invited with list of works carried out in the p ast.

12. Tender must be enclosed in a sealed cover, sup erscrip ted “Tender No… and must be sent by registered p ost to the address of ……. Railway so as to reach his office not later than ……. Hours on the ….. or dep osited in the sp ecial bo x allotted for the p urp ose in the office of …… Railway . This Sp ecial box will be sealed at ….. hours on ….. The tender will be op ened at …….. hours on the same day . The tender p ap ers will not be sold after …… hours on ……..

13. Non-comp liance with any of the conditions set forth therein above is liable to result in the tender being r ejected.

14. Execution of Contract Documents: The successful Tender(s) shall be required to execute an agr eement with the President of India acting through the ……. Railway for carry ing out the work accordin g to General conditions of Contract, Sp ecial conditions / sp ecifications annexed to the tender and sp ecification for work and materials as laid down in works hand book Part III and Sanitary Works Hand Book of …………. Railway as amended/corrected up to correction slip mentioned in tender form (First Sheet).

15. Partnership deeds, Power of Attorney Etc:- The tenderer shall clearly sp ecify whether the tender is submitted on his own or on b ehalf of a p artnership concern. If the tender is submitted on beh alf of a p artnership concern, he should submit the certified copy of p artnership deed along with the tender and authorization to sign the tender docu ments on behalf of p artnership firm. If these documents are not enclosed alon g with tender documents, the tender will be treated as having been submitted by individual signin g the tender do cuments. The Railway will not be bound by any p ower of attorney granted by the tenderer or by chan ges in the comp osition of the firm made subsequent to the execution of the contract. It may , however reco gn ize such p ower of attorney and chan ges after obtain in g p rop er legal advice, the cost of which will be char geable to the contractor.

16. The tenderer whether sole p rop rietor, a limited comp any or a p artnership firm if they want to act through agent or indiv idual p artner(s) should submit alon gwith the tender or at a later . stage, a p ower of attorney duly stamp ed and authenticated by a Notary Public or by M agistrate in favour of the sp ecific p erson whether he/they be p artner(s)of the firm or any other p erson sp ecifically authorising him/them to submit the tender, sign the agr eement, receiv e money , witness measurements, sign measurement books, comp r6mise, settle, relinquish any claim(s) p referred by the firm



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and sign "No Claim C ertificate" and ref er all or any disp utes to arbitration.

17. Em ployment/Partnership, etc., of Retired Railway Em ployees:- (a) should a tenderer be a retired en gineer of the Gazetted rank or any other Gazetted officer Workin g befor e his retirement, whether in the executive or admin istrative cap acity , or whether holding a p ensionable p ost or not, in the..........................................dep artment of any of the railways owned and administered by the President of India for the time bein g, or should a tenderer b ein g p artnership firm hav e as on e of its p artners a retired engineer or retired Gazetted Officer as afor esaid, or should a tenderer b ein g an

incorp orated comp any have any such retired engineer or retired officer as one of its Directors, or should a tenderer h ave in his emp loy ment any retired En gineer or retired Gazetted Officer as aforesaid, the full infor mation as to the date of r etirement of such Engineer or Gazetted Officer from the said service and in case where such En gineer or Officer had not retired fro m Government service at least 2 y ears p rior to the date of submission of the tender as to whether p ermission for taking such contract, or if the contractor be a p artnership firm or an incorp orated comp any , to become a p artner or Director as the case may be, or to take the emp oly ment under the contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the President of India or any officer, duly authorised by him in this behalf, shall b e clearly stated in writing at the time of submitting the tender. Tenders without the information above referr ed to or a statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with the tenderer, as the case may be', shall be rejected.

(b) Should a tenderer or contractor bein g an individu al on the list of ap p roved Contractors, have a relative(s) or in the case of p artnership firm or comp any of contractors one or more of his shareholder(s) or a r elative(s) of the sharehold er(s) emp loy ed in gazetted cap acity in the …….......... dep artment of the ...................... Railway , the authority inviting tenders shall be informed of the fact at the time of submission of tender, failing which the tender may be disqualified/r ejected or if such fact subsequently comes to light, the contract may be rescinded in accord ance with the p rovision in clause 62 of the General Cond itions of Contract.

Signature of Tenderer(s) Date……………………

(Signature) (Designation)

……………….Railway



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ANNEXURE I (Contd..) TENDER

FORM (THIRD S HEET)

Name of work ……………………………………………………………… ………………………………………………………………

SCHEDULE OF RAT ES AND QUANTITIES

Sr. No.

Item No.

Descrip tion of item of work

App roximate Quantity

Unit

Rates in figures and in words

Amount

Rs.Ps. Rs.Ps.

1 2 3 4 5 6 7

The quantities shown .in above schedule ar e ap p roximate and are as a gu ide to giv e the tenderer(s) an idea of quantum of work involved. The Railway reserves the' right to increase/ d ecrease and/or d elete or include any of the quantities given above and no extra rate will be allowed on this account.

I/We undertake to do the work at..............:% above/below the schedule of

Rates of the ........... Railway as app licable to.....................................Division or at the rates quoted above for each item.

Dated .. ........ ........ ...........

Signature of the Tenderer(s)

Note:- Column 1to .5 shall be filled by the office of the Authority inviting tender.

Column 6 & 7 shall be filled by the Tenderer(s) only when percentage tenders

are not invited.



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ANNEXUREII AGREEMENT FOR ZONE CONTRACT

CONTRACT AGREEM ENT NO…………..…… DATED..............… ARTICLES OF AGREEM ENT made this ....................... day of. ........…… between the President of India acting through the........................Railway hereinafter called the "Railway " of the other p art and................................. hereinafter called the "Contractor" of the other p art.

WHEREAS the Contractor has agreed with the Railway durin g the p eriod of .......… months from...................to......................for the p erformance of:- (a) New Works, additions and alterations to existing structures, sp ecial rep air works and supp ly of buildin g materials subject to the contract value for such works not exceedin g Rs.....…… (b) All ordinary rep air and maintenance works at any site between kilometre.............and kilometre.......................as will b e set forth in the work orders (which work orders shall be d eemed and taken to b e p art of this contract) that will be issued durin g the said p eriod at.................. % abov e/below the Sch edule of Rates of the............ Railway , Part I, corrected up to Printed/Advance Correction Slip No...................dated.....................and Schedu le of Rates, Part II, corrected up to Printed/Advance Correction Slip No...........…… dated.......... .and Standard Sp ecifications of the ............ Railway contained in Works Hand Book, Part-III, corrected up to Printed/Advance Correction Slip No....................dated...............& Sanitary Works Hand Book corrected up to Printed / Advance Correction Slip No..............dated............and the sp ecial conditions and sp ecial sp ecifications if any in conformity with the drawings (if any ) that will be issued with the work order, aforesaid AND WHEREAS the p erformance of the said work is an act in which the p ublic are interested.

NOW THIS INDENTURE PRESENTS WITNESSTH That in consideration of the p ay ment to be made by the Railway , the Contractor will duly p erform the works set forth in the said Work Order and shall execute the same with gr eat p romp tness, care and accuracy , in a workman like manner to the satisfaction of the Railway and will co mp lete the same on or before the resp ective dates sp ecified therein in accordan ce with the said sp ecifications and said drawings (if any ) and said conditions of contract and will observe, fulfil and keep all the conditions therein mentioned, (which shall b e deemed and taken to be p art of this contract as if the same had been duly set forth herein), AND the Railway both here-by agree that if the Contractor shall duly p erform the said work in the manner aforesaid and observe and keep the said terms and conditions, the Railway will p ay or cause to be p aid to the Contractor for the said works on the comp letion thereof the amount due in resp ect thereof at the rates sp ecified above.

Contractor………. Designation………... Rly .

(for President of India) Address ………………………… Date…………. Signature of witnesses with address to Date…………… Witnesses: Signature of witnesses with addresses to Signature of contractor



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ANNEXURE III WORK ORD ER UND ER ZONE CONTRACT

WORK ORDER NO ….……. DATED ………... UNDER CONTRACT

AGREEM ENT NO……… DATED…………

Name of work…………..(site)………. Schedu le of drawin gs ……………….. Authority ………………. Allocation…………

The Contractor(s) ……………………… is / are hereby ordered to carry out

the following, works at ………………..% above/below the schedule of Rates of the No……. dated ….. and schedule of Rates. Part II corrected up to Printed / Advance ……………… Railway , Part I corrected up to Printed/Advance Corr ection Slip No…….. dated………… of Division und er Zone Contract A greement herein-before referred to:-

Sr. No.

Item No.

Descrip tion of item of work

App roxima te Quantity

Unit

Rates in figur e and in words

Amount

Rs.Ps. Rs.Ps. 1 2 3 4 5 6 7

Total app roximate value of work * This should be rate of Division concerned.

The works herein mentioned ar e requir ed to be comp leted on or before.............

(date). The quantities p rovided herein are app roximate and subject to variation under Clause 42 of the Gen eral Cond itions of Contract corrected up to Printed/Advance Correction Slip No............ Date.............

Date.....................

Divisional Railway M anager/Division al......................... En gineer …………............... Division ……………………Railway for PRESIDENT OF INDIA



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I agr ee to comp lete the works herein set forth on or before the date sp

ecified under the Zone Contract. Agreement herein before ref erred to in conformity with the drawings here to annexed and in accordan ce with the General and Sp ecial (if any ) Conditions of Contract corrected up to Printed/Advance Correction Slip No........... dated.......... ....and the Standard Sp ecif ications of..............................Railway contained in Works hand Book Part III corr ected up to Printed/ Advance Corr ection Slip No.............…… dated.....................

I also agree to maintain such works for the p eriod sp ecified b elow from the date of comp letion.

(a) Rep air and maintenance work includin g white/colour washin g three

calend ar months from date of comp letion. .

(b) All new works excep t earth work-Six calendar months from date of comp letion.

Contractor................ . Designation.........…………………….Rly . (for President of India)

Address

Date…………………. Date

Witnesses

Signature of witnesses with address to Sign ature of contractor



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ANNEXURE IV .................….. RAILWAY

CONTRACT AGREEM ENT NO.................................... DATED. ..............……..

ARTICLES OF AGREEM ENT made this.............................day of........... .....19.......between the President of India acting through the R ailway Administration here after called the "railway " of the one p art and........................herein after called the "Contractor" of the other p art.

WHERE AS the Contractor has agreed with the Railway for the p erformance

of the works...................................set forth in the schedule hereto annexed up on the General Conditions of contract corrected up to Printed/Advance Correction Slip No.....................dated...........and the sp ecifications of the......................................... Railway contained inthe Works Hand Book, Part III, corrected up to Printed/Advance/Correction Slip No....................dated.............and Sanitary Works Hand Book corrected up to Printed/Advance Correction Slip No.............. dated............... and the schedule of Rates of the.............................Railway , Part I, corrected up to Printed/Advance Correction Slip No. dated.........................................and the sp ecial conditions and sp ecial sp ecifications, if any , and in conformity with the drawings here-into annexed AND WHEREAS the p erformance of the said works is an act in which the p ublic are interested.

NOW THIS INDENTURE WITNESSETH that in consideration of the

p ay ments to be made by the Railway s, the Contractors will duly p erform the said works in the said schedule set forth and shall execute the same with great p romp tness, care and accuracy in a workman like manner to the satisfaction of the Railway and will co mp lete the same accord ance with the said sp ecifications and said drawin gs and said conditions of contract on or befor e the..................day of...........19...............and will maintain the said works for a p eriod of........................ Calendar months from the certified date of their co mp letion and will observ e, fulfil and keep all the conditions therein mentioned (which shall b e deemed and taken to be p art of this contract as if the same h as been fully set forth herein), AND the Railway , both hereby agree that if the Contractor shall duly p erform the said works in the manner afor esaid and observe and keep the said terms and conditions the Railway will p ay or cause to be p aid to the Contractor for the said works on the final comp letion thereof the amount due in resp ect thereof at the rates sp ecified in the Sch edule h ereto annexed.

Contractor..... ....... ..... Designation............................. Rly .

(for President of India) Address............ ............. Date..............................

Signature of witnesses with address to Date……………… Signature of contractor Witness ……………



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ANNEX UR E-V WORK ORD ER FOR WORKS

(Valued at over Rs.10,000/-)

WORK ORDER NO. .............................…....DATED..............................

Name of work............................................ (site) ............................................

Schedu le of drawin gs.. ...........…......................

Authority ........................................... Allocation .....................................

M r / M esses...................................................................Contractor/Contractors havin g agr eed with the Railway is/are hereby ordered to carry out the Works set forth in the schedule b elow in accord ance with the General Conditions of Contract corrected up to Printed/Advance Correction, Slip No........... dated............... .and the Standard Sp ecif ications of the................. Railway contained in Works Hand Book, Part III, corrected up to Printed/Advance Corr ection Slip No..............dated...................the schedule p f rates, Part I, corrected up to Printed/Advance Correction Slip No.....................dated............ ....and schedule of rates, Part II, corrected up to Printed/Advance Correction slip No......................... dated..................and sp ecial conditions and sp ecial sp ecifications, if any , and inconformity with drawings annexed h ereto at the rates sp ecified in, the said, sch edule and to comp lete the same on or before the....................................day of...............................and maintainthe said works for the p eriod of.........................from the certified date of the comp letion. The quantities set forth in the said schedule shall be consider ed ap p roximate and subject to variation under clause 42 of the General Conditions of Contract.



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CONTRACTOR'S AGREEMENT

I offer to do the work at the rates entered in the schedu le of rates on the reverse which I have signed, and I understand that no fixed quantity of work is given to me to do that in starting work. I am on ly given a p lace to work in or to dep osit materials on, and that I have no claim to more than one un it of work as entered in the Schedu led Rates. I agr ee that all works done and materials deliv ered shall be subject to the app roval of the En gineer in Char ge, who may reject I and declin e to p ay for whatever may be in his op inion inferior or defective or either and I agree that the Standard Sp ecifications contained in the Works Hand Book Part III, corrected upto Printed/ Advance Correction Slip No.........................dated...................and Sanitary Works Hand Book corr ected up to Printed/Advance Correction Slip No..................dated.....………....of......................... Railway in so far as they are not over-ruled by items of this agreement, shall be d eemed p art of this agreement.

I agree that no work under this work order shall be assigned or sublet without

the p revious written app roval of the................................Engin eer.

I agr ee that my work may be stopp ed at any time by the................ .Engineer on his giv in g me or my agent on the works seven days notice in writing and I agree that the measurement of my works shall be made by the En gineer at any time app ointed by him in writing subsequent to the exp iry of the said notice and measurement shall be mad e by him at the said time whether I am p resent or not and that on p ay ment for work done and ap p roved materials deliver ed-at site of work as ascertained by the said measurement, I shall have no further claim against the Railway and I agree that any disp ute arise on matters connected with this agreement, the same shall be r eferred to a p erson to be nominated in this behalf by the............................. for the time bein g of the Railway , whose decision in writin g shall be f inal and bindin g on both p arties.

I agree that any claim I h ave to mak e shall be mad e in writin g within seven

day s of date of measurement taken by the Engineer as aforesaid and that any claims in resp ect of such measurement made more than seven day s after taking of such measurement shall be deemed to have waived by me.

I agree to ind emnify the Railway against any claims which may be made under

Workmen's Comp ensation Act, 1923.

WITNESS CONTRACTOR……………………. Name ............................. Name ……………………………….. Address ......................... Address………………………………

Note. - If the agreement is for a work for which a sp ecial act of the Legislature exist, e.g. the Indian M ines Act the agreement should include a clause indemn ify ing the Railway against all claim arisin g of p rovision of such Act.



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I agree to p ay the rates at................................% above/below Sch edule of rates as ap p licable to.......................... Division setforth in the schedule of rates her ein for finished and ap p roved work.

.......................... Engineer ……………….. Division …………………Railway

For PRESIDENT OF INDIA Date................................

I/We agree to comp lete the works herein setforth on or before the date

sp ecified herein and to maintain the same for a p eriod of......................Calend ar month from the certified date of their comp letion and in conformity with the document herein referr ed to, and all the condition therein mentioned shall be deemed and taken to be p art of this contract as if the same had been fully setforth therein.

Signature of witnesses with addresses, to

1. …………………… Contractor

Signature of Contractor 2. ……………………. Address:



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Date:

ANNEX UR E VI WORK ORD ER FOR WOR KS

………..………....... Division

WORK ORDER NO……………….Original/Dup licate/Trip licate

No.......……...dated...………..

I/We will carry out the following work accordin g to the agr eement at back. SCHEDULE OF RATES

Particulars Rates (Rs.) Per Remarks

WITNESS CONTRACTOR

Name...................................... Name......

.......................................... Address .................................

Address..........................................

I agr ee to p ay the above mentioned rates for finished and ap p roved work.

Dated................... ..................................

Engineer



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PART II S TANDARD GEN ERAL CONDITIONS OF CONTRACT FOR

US E IN CONNECTION WITH ENGIN EERING WORKS

DEFINIT IONS AND INTERPRET AT ION 1. (1) Definition:- In these General Conditions of Contract, the following terms shall have the mean in g assigned her e under excep t where the context otherwise requires :-

(a) "Railway " shall mean the Presid ent of the Rep ublic of India or the

Administrative Officers of the Railway or of the Su ccessor Railway authorised to deal with any matters which these p resents are concerned on h is behalf.

(b) "General M anager" shall mean the Officer in-ch ar ge of the General

Sup erintendence and Control of the R ailway and shall also in clude the Gen eral M anager (Construction) and shall mean and include their successors, of the successor Railway .

(c) "Chief En gineer" shall mean the Officer in-char ge of the Engin eerin g

Dep artment of Railway and shall also include Ch ief En gin eer (Construction), Chief Signal and Teleco mmunication En gineer, Chief Signal and Telecommunication Engineer (Construction), Chief Electrical En gin eer, Chief Electrical En gineer (Construction) and shall mean & includ e their successors of the Successor Railway .

(d) "Divisional Railway M anager" shall mean the Officer inchar ge of a

Division of the Railway and shall mean and includ e the Divisional Railway M anager of the Successor Railway .

(e) "Engineer" shall mean the Divisional En gineer or the Executive En gineer,

Divisional Sign al & Telecommun ication En gineer, Divisional Signal & Telecommun ications En gineer (Construction), Divisional Electrical En gineer, Divisional Electrical En gineer (Construction), in executive char ge of the works and shall include the sup erior officers of the En gineerin g, Sign al & Telecommunication, and Electrical Dep artment of Railway i.e., the Senior Divisional En gineer/Dep uty Chief En gineer / Chief En gin eer / Ch ief En gineer (Construction), Senior Div isional Signal & Telecommun ication En gineer /Dep uty Chief Signal & Telecommunication Engineer /Chief Signal & Telecommunication Engineer (Construction)/ Senior Divisional Electrical Engineer /Dep uty Chief Electrical En gin eer/Ch ief Electrical Engineer (Construction) and Chief Admin istrative Officer (Construction) and shall mean and includ e the En gineer of the Successor Railway .

(f) "Engineer's Rep resentative" shall mean the Assistant Engineer,

Assistant Sign al and Teleco mmunication En gin eer and Assistant Electrical En gineer in direct char ge of the works and shall includ e any Sr. Sec./Sec./Jr.En g. of C ivil Engineer in g/Signal and Telecommunication Engineer in g/Electrical En gin eerin g Dep artment app ointed by the........................ Railway and shall mean and include the Engineer's Rep resentative of the Successor Railway .



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(g) "Contractor" shall mean the Person/Firm/Co-op erative So ciety or Comp any whether incorp orated or not who enters into the contract with the Railway and shall in clude their executors, admin istrators, successors and p ermitted assigns.

(h) "Contractor" shall mean and in clude the A greement of Work Order, the

accep ted schedule of rates of the Sch edule or R ates of....................Railway modified by the tender p ercentage for items of works quantified, or not quantified, the General Conditions of Contract, the sp ecial conditions of contracts if any , the drawing, the sp ecifications, the sp ecial sp ecifications, if any , and tender forms, if any .

(i) "Works" shall mean the works to be executed in accordan ce with the contract.

(j) "Sp ecifications" shall mean the Standard sp ecifications for materials

and works of...............................Railway as sp ecified in p art III of the Works Hand Book issued under the authority of the Chief En gineer or as amp lified, added to or sup erseded by sp ecial sp ecifications, if any .

(k) "Schedu le of Rates.............................Railway " shall mean the sch edule

of Rates issued under the authority of the Chief En gineer from time to time.

(I) "Drawing" shall mean the map s, drawings, p lans and tracings or p rints there of annexed to the contract and shall include any modifications of such dr awin gs and further drawings as may be issued by the Engin eer from time to time.

(m) "Constructional Plant" shall mean all ap p liances or things of

whatsoever nature required for the execution, comp letion or maintenance of the works or temp orary works (as hereinafter defined) but does not include materials or other things intended to form or formin g p art of the p ermanent work.

(n) "Temp orary Works" shall mean all temp orary works of every kind

required for the execution comp letion and/or maintenance of the works.

(o) "Site" shall mean the lands and other p laces on, und er, in or through which the works are to be carried out and any other lands or p laces p rovided by the Railway for the p urp ose of the contract.

(p ) "Period of M aintenance" shall mean the sp ecified p eriod of

maintenance from the date of comp letion of the works as certified by the Engineer.

(2) Singular and Plural:- Words imp orting the sin gular nu mber shall also include the p lural and v ice v ersa where the context requires.

(3) Headings & marginal headings:- The headings and mar ginal

headin gs in these gen eral condition are solely for the p urp ose of facilitating refer ence and shall not be deemed to be p art thereof or be taken into consideration in the interp retation or construction thereof or the contract. .

GENERAL OBLI GA TIO NS



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2. (1) Execution Co-relation and intent of contract Documents:- The

contract documents be signed in trip licate by the Railway and the Contractor. The contract documents are comp lementary , and what is called for by any one shall be as bindin g as if called for by all, the intention of the documents is to include all labour and materials, equ ip ments and transp ortation necessary for the p rop er execution of work. M aterials or work not covered by or p rop erly inferable from any heading or class of the sp ecifications shall not be supp lied by the Railway to the contractors unless distinctly sp ecified in the contract documents. M aterials or works described in words which so app lied have a well known technical or trade meanin g shall be h eld to refer to such reco gnised standards.

(2) If a work is transferred from the jurisdiction of one R ailway to another

Railway or to a Project authority or vice versa while contract is in subsistence, the contract shall be bindin g on the Contractor and the Successor Railway /Project in the same manner & take effect in all resp ects as if the Contractor and the Successor Railway /Project were p arties thereto from the incep tion and the corresp onding off icer or the Comp etent Authority in the Successor Railway /Project will exer cise the same p owers and enjoy the same authority as conferred to the Predecessor Railway /Project under the original contract/agreement entered into.

(3) If for administrative or other reasons the contract is transferred to the

Successor Railway the contract shall not with standing any things contained herein contrary there to, be bindin g on the Contractor and the Successor Railway in the same manner and take effect in all resp ects as if the Contractor and the Successor Railway had been p arties thereto from the date of this contract.

3.(1) Law go verning the contract:- The contract shall be governed by the

law for the time bein g in for ce in the Rep ublic of Ind ia.

(2) Compliance to regulations and bye-laws:- The Contractor shall conform to the p rovision of any statute relating to the works and regulations and by e- laws of any local authority and of any water and lighting co mp anies or undertakings, with whose sy stem the work is p rop osed to be connected and shall befor e makin g any variation from the drawings or the sp ecifications that may be necessitated by so confirmin g give to the Engin eer notice sp ecify ing the variation p rop osed to be made and the reason for makin g the variation and shall not carry out such variation until he has receiv ed instructions from the Engineer in resp ect thereof. The Contractor shall be bound to give all notices r equired by statute, regu lations or by e-laws as aforesaid and to p ay all fees and taxes p ay able to any authority in resp ect thereof.

4. Communications to be in writing:- All notices, communications,

reference and co mp laints made by the Railway or the En gineer or the En gineer's Rep resentative or the Contractor interse concernin g the works shall be in writing and no notice, commun ication, ref erence or comp laint not in writing shall be reco gnised.

5. S ervice of Notices on Contractors:- The Contractor shall furnish to the

Engineer the n ame d esignation and address of his authorised agent and all comp laints, notices, communications and ref erences shall be deemed to have been duly given to the Contractor if delivered to the Contractor or his authorised agent or left at or p osted



Page 76 of 114

to the address so given and shall be deemed to have been so given in the case of p osting on day on which they would have reached such address in the ord inary course of p ost or on the day on which they were so delivered or left. In the case of contract by p artners, any change in the constitution of the firm shall be forthwith notified by the Contractor to the Engineer.

6. Occupation and use of land:- No land belon gin g to or in the p ossession of the Railway shall be occup ied by the Contractor without the p ermission of the Railway . The Contractor shall not use, or allow to be used, the site for any p urp oses other than that of executin g the works. Whenever non-railway bodies/p ersons are p ermitted to use railway p remises with comp etent authority ’s app roval, conservancy charges as app licable fro m time to time may be lev ied.

7. Assignment or subletting of contract:- The Contractor shall not assign or sublet the contract or any p art thereof or allow any p erson to become interested therein any manner whatsoever without the sp ecial p ermission in writing of the Railway . Any breach of this condition shall entitle the Railway to rescind the contract under clause 62 of these conditions and also render the contractor liable for p ay ment to the Railway in resp ect of any loss or damage arisin g or ensuin g from such cancellation. Provided alway s that execution of the details of the work by p etty contractor under the direct and p ersonal sup ervision of the Contractor or his agent shall not be deemed to be sub-letting und er this clause. The p ermitted subletting of work by the Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and shall not relieve the Contractor of any resp onsibility under the Contract.

8. Assistance by the Railway for the S tores to be obtained by the

Contractor:- Owing to difficulty in obtaining certain materials (includ in g Tools & Plant) in the market, the Railway may have agreed without any liability therefor to endeavour to obtain or assist the Contractor in obtaining the required quantities of such materials as may be sp ecified in the Tender. In the event of delay or failure in obtaining the requir ed quantities of the aforesaid material the Contractor shall not be deemed absolved of h is own resp onsibility and shall keep in touch with the day to day p osition regard in g their availab ility and accordin gly adjust p rogress of works includin g emp loy ment of labour and the Railway shall not in any way be liable for the supp ly of materials or for the non supp ly thereof for any reasons whatsoever nor for any loss or damage arisin g in consequence of such delay or non supp ly .

9. Railway Passes:- No free Railway p asses shall be issued by the Rly . to

the Contractor or any of his emp loy ee/worker.

10. Carriage of materials:- No forwarding orders shall be issued by the Railway for the convey ance of Contractor's materials, tools and p lant by Rail which may be required for use in the works and the contractor shall p ay full freight charges at p ublic tariff rates therefor.

11. Use of ballast trains:- The Railway may agree to allow the Contractor,

the use of the ballast or material trains under such conditions as shall be sp ecially p rescribed, p rovided that the Contractor shall p ay for the use thereof charges calcu lated at p ublic tariff rates on the marked carry in g cap acity of each vehicle



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subject to sp ecified min imum ch ar ge p er day or p art of day and p rovided further that

the Contractor shall indemnify the Railway against any claims or damages ar isin g out of the use or misuse thereof and against any liabilities under the Workmen's Comp ensation Act, 1923 or any statutory amendments thereto.

12. Representation on Works:- The Contractor shall, when he is not

p ersonally p resent on the site of the works p lace and keep a resp onsible agent at the works during workin g hours who shall on r eceivin g reasonable notice, p resent himself to the Engineer and orders giv en by the Engineer or the En gin eer's rep resentative to the agent shall be deemed to have the same force as if they had been given to the Contractor. Before absentin g himself, the Contractor shall furnish the name and address of his agent for the p urp ose of this clause and failure on the p art of the Contractor to comp ly with this p rovision at any time will entitle the Railway to rescind the contract under clause 62 of these cond itions.

13. Relics and Treasures:- All gold, silver, oil and other miner als of any

descrip tion and all p recious stones, coins, treasures relics antiquities and other similar things which shall be found in or up on the site shall be the p rop erty of the Railway and the Contractor shall duly p reserve the same to the satisfaction of the Railway and shall from time to time deliv er the same to such p erson or p ersons as the Railway may app oint to receive the same.

14. Ex ca vated material:- The Contractor shall not sell or otherwise disp ose

of or remove excep t for the p urp ose of this contract, the sand, stone, clay ballast, earth, rock or other substances or materials which may be obtained from any excavation made for the p urp ose of the works or any building or p roduced up on the site at the time of delivery of the p ossession thereof but all the substances, materials, buildin gs and p roduce shall be the p rop erty of the Railway p rovided that the Contractor may , with the p ermission of the En gin eer, use the same for the p urp ose of the works either free of cost or p ay the cost of the same at such rates as may be determined by the Engin eer.

15. Indemnity by Contractors:- The Contractor shall ind emnify and save

harmless the Railway from and against all actions, suit p roceedings losses, costs, damages, ch ar ges, claims and d emands of ev ery nature and descrip tion brought or recovered against the Railway s by reason of any act or omission of the Contractor, his agents or emp loy ees, in the execution of the works or in his guard in g of the same. All sums p ay able by way of comp ensation under any of these conditions shall be considered as reasonable comp ensation to be app lied to the actual loss or damage sustained, and whether or not any damage shall h ave been sustained.

16.(1) Security Deposit:- The Earnest M oney dep osited by the Contractor

with his tender will be r etained by the Railway s as p art of security for the due and faithful fulfillment of the contract by the contractor. The balan ce to make up the security dep osit, the rates for which are given b elow, may be dep osited by the Contractor in cash or may be recover ed by p ercentage deduction fro m the Contractor's "on account" bills. Provided also that in case of defau lting contractor the Railway may retain any amount due for p ay ment to the Contractor on the p ending "on account bills" so that the amounts so retained may not exceed 10% of the total value of the



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contract.

(2) Unless otherwise sp ecified in the sp ecial conditions, if any , the Secur ity Dep osit/rate of recovery /mode of recov ery shall be as under:

(a) Secur ity Dep osit for each work should be 5% of the contract value, (b) The rate of recovery should be at the rate of 10% of the bill amount till

the full security dep osit is recovered, (c) Secur ity Dep osits will be recover ed only from the running bills of the

contract and no other mod e of collectin g SD such as SD in the form of instruments like BG, FD etc. shall be accep ted towards Security Dep osit. After the work is p hysically comp leted, security dep osit recovered from the runn in g bills of a contractor can be returned to him if he so desires, in lieu of FDR/ irrevocable Bank Guarantee for equivalent amount to be submitted by him.

In case of contracts of valu e Rs. 50 crore and abov e, irrevo cable Bank Guarantee can be accep ted as a mode of obtainin g security dep osit.

The security dep osit shall be released only after the exp iry of the

maintenance p eriod and after p assing the final bill. Befor e releasin g the SD, an unconditional and un equivocal no claim certificate from the contractor concerned should b e obtained.

(3) No interest will be p ay able up on the Earnest M oney and Security

Dep osit or amounts p ay able to the Contractor under the Contract, but Government Secur ities dep osited in terms of Sub-Clause (1) of this clause will be p ay able with interest accrued thereon.

(4) Performance Guarantee (P.G)

The p rocedure for obtaining Performance Guar antee is outlined below:

(a) The successful bidder may give Performance Guar antee amountin g to

5% of the contract value in any of the following for ms:-

(i) a dep osit of Cash (ii) Irrevocable Bank Guarantee (iii) Government Secur ities includin g State Loan Bonds at 5 p ercent

below the market value, (iv) Dep osit Receip ts, Pay Orders, Demand Drafts and Guarantee

Bonds. These forms of Performan ce Guar antee could b e either of the State Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Dep osits Receip ts tendered by all Schedu led Banks;

(vi) A Dep osit in the Post Office Sav in g Bank; (vii) A Dep osit in the National Sav in gs Certificates; (viii) Twelve y ears National Defence Certificates;



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(ix) Ten y ears Defence Dep osits; (x) National Defence Bonds; and (xi) Unit Trust Certificates at 5 p er cent below market value or at

the face valu e whichev er is less.

Also FDR in favour of FA&CAO/C, (free fro m any encumbran ce) may be accep ted.

NOTE: The instruments as listed above will also be accep table for Guarantees in case of M obilization advance.

(b) The Performance Guarantee shall b e submitted by the successful

bidder after the letter of accep tance has been issued, but before signin g of the agreement. The agreement should normally be signed within 15 (fifteen) day s after the issue of LOA and Performance Guarantee should also be submitted within this time limit. This gu arantee shall be initially valid up to the stip ulated date of comp letion p lus 60 days bey ond that. In case, the time for comp letion of work gets extended, the contractor shall get the validity of Performance Guarantee extended to cover such extended time for comp letion of work p lus 60 day s.

(c) The Performance Guarantee (PG) shall be released after the p hy sical comp letion of the work based on the ‘Comp letion Certificate’ issued by the comp etent authority stating that the contractor has comp leted the work in all resp ects satisfactorily . The Comp etent Authority shall normally be the authority who is comp etent to sign the contract. If this Comp etent Authority is of the rank lower than JA Grade, then a JA Grade Officer (con cerned with the work) should issue the certificate.

(d) Wherever the contract is rescinded, the security dep osit shall be

forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done indep endently without risk and cost of the failed contractor. The failed contractor shall be debarred from p articip ating in the tender for executin g the balance work. If the failed contractor is a JV or a p artnership firm, then every member/p artner of such a fir m shall b e deb arred fro m p articip ating in the tender for the balance work either in h is/her individu al cap acity or as a p artner of any other JV/p artnership firm.

(e) The Engineer shall not make a claim under the Performan ce Guarantee excep t for amounts to which the President of India is entitled und er the contract (not withstanding and/or without p rejudice to any other p rovisions in the contract agreement) in the event of: (i) Failure by the contractor to extend the validity of the

Performance Guarantee as described herein above, in which event the En gineer may claim the full amount of the Performance Guar antee.

(ii) Failure by the contractor to p ay President of India any amount due, either as agreed by the contractor or determined und er any of the Clauses/Conditions of the agreement, within 30 day s of the service of notice to this effect by Engineer.



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(iii) The contract being determin ed or rescinded under p rovision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disp osal of the President of India.

17. Force Majeure Clause:- If at any time, durin g the continuance of this

contract, the p erformance in whole or in p art by either p arty of any obligation under this contract shall be p revented or delay ed by reason of any war, hostility , acts of p ublic enemy , civil commotion, sabotage, serious loss or damage by fire, exp losions, ep idemics, strikes, lockouts or acts of God (hereinafter, referred to events) p rovided,

notice of the happ ening of any such event is given by either p arty to the other within ………. day s from the date of occurrence thereof, neither p arty shall by reason of such event, be entitled to terminate this contract nor shall either p arty have any claim for damages against the other in resp ect of such non-p erformance of delay in p erformance, and works under the contract shall be resumed as soon as p racticable after such event has come to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed or not shall be fin al and conclusive, PROVIDED FURTHER that if the p erformance in whole or in p art of any obligation under this contract is p revented or d elay ed by reason of any such ev ent for a p eriod exceedin g ……… day s, either p arty may at its option terminate the contract by givin g notice to the other p arty .

17 - A Subject to any requirement in the contract as to comp letion of any p

ortions or p ortions of the works before comp letion of the whole, the contractor shall fully and finally comp lete the whole of the works comp rised in the contract (with such modifications as may be directed under conditions of this contract) by the date entered in the contract or extended date in terms of the followin g clauses:-

(i) If any modifications have been order ed which in the op inion of the

Engineer have materially increased the magnitude of the work, then such extension of the contracted date of comp letion may be gr anted as shall ap p ear to the Engineer to be reasonable in the circumstances, p rovided moreover that the Contractor shall be resp onsible for requesting such extension of the date as may be considered necessary as soon as the cause thereof shall arise and in any case not less than one month before the exp iry of the date fixed for comp letion of the works.

(ii) If in the op inion of the Engineer the p rogress of work has any time

been delay ed by any act or neglect of Railway 's emp loy ees or by other contractor emp loy ed by the Railway under sub-clause (4) of clause 20 of these conditions or in executin g the work not forming p art of the contract but on which contractor's p erformance necessarily dep ends or by reason of p roceeding taken or threatened by or disp ute with adjoinin g or to neighborin g owners or p ublic authority arising otherwise through the Contractor's own default etc. or by the delay authorized by the Engineer p ending arb itration or in consequen ces of the contractor not havin g r eceived in due time necessary instructions from the Railway for which he shall have sp ecially app lied in writing to the En gin eer or his authorized rep resentative then up on happ ening of any such event causin g delay , the Contractor shall immediately give notice thereof in writing to the En gineer within 15 day s of such happ ening but shall nevertheless make constantly his best endeavours to bring down or make good the delay and shall do all that may be reasonab ly required of h im to the satisfaction of the



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Engineer to p roceed with the works. The contractor may also indicate the p eriod for which the work is likely to be delay ed and shall be bound to ask for necessary extension of time. The En gineer on receip t of such request from the contractor shall consider the same and shall gr ant such extension of time as in his op inion is reasonable hav in g regard to the nature and p eriod of delay and the typ e and quantum of work affected thereby . No other comp ensation shall be p ay able for works so carried forward to the extended p eriod of time, the same rates, terms and conditions of contract being ap p licable as if such extended p eriod of time was originally p rovided in the original contract itself.

(iii) In the event of any failur e or delay by the Railway to hand over the

Contractor p ossession of the lands necessary for the execution of the works or to give

the necessary notice to commence the works or to p rovide the necessary drawings or instructions or any other delay caused by the Railway due to any other cause whatsoever, then such failure or delay shall in no way affect or vitiate the contract or alter the char acter thereof or entitle the contractor to damages or comp ensation therefor but in any such case, the Railway may grant such extension or extensions of the comp letion date as may be considered reasonab le.

17-B Extension of time for delay due to contractor:-

The time for the execution of the work or p art of the works sp ecified in the

contract documents shall be deemed to be the essence of the contract and the works must be comp leted not later than the date(s) as sp ecified in the contract. If the contractor fails to comp lete the works within the time as sp ecified in the contract for the reasons other than the reasons sp ecified in clause 17 and 17 -A, the R ailway may , if satisfied that the works can be comp leted by the contractor within reasonable short time thereafter, allow the contractor for further extension of time (Proforma Annex I) as the Engin eer may decide. On such extension the Railway will be entitled without p rejudice to any other right and remedy available on that behalf, to recover from the contractor as agreed. damages and not by way of p enalty a sum equivalent to 1/2 of 1 % of the contract value of the works for each week or p art of the week.

For the p urp ose of this clause, the contract value of the works shall be taken as

value of work as p er contract agreement includin g any supp lementary work order/contract agr eement issued. Provided also, that the total amount of liquidated damages und er this condition, shall not exceed the under noted p ercentage value or of the total value of the item or group s of items of work for which a sep arate distinct comp letion p eriod is sp ecified in the contract.

(i) For contract value up to Rs. 2 lakhs - 10% of the total value

of the contract. (ii) For contracts valued above

Rs. 2 lakhs - 10% of the first Rs.2 lakhs and

the 5% of the balance.



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Comp etent Authority while gr anting extension to the curr ency of contract under

this clause may also levy of token p enalty as deemed fit based on the merit of the case.

Provided further, that if the Railway is not satisfied that the works can be

comp leted by the Contractor and in the event of failure on the p art of the contractor to comp lete the work within further extension of time allowed as aforesaid, the R ailway shall be entitled without p rejudice to any other right or remedy available in that behalf, to app rop riate the contractor's security dep osit and rescind the contract under clause 62 of these conditions, whether or not actual damage is caused by such default.

18.(1) Illegal Gratification:- Any bribe, commission, gift or advantage

giv en, p romised or offered by or on behalf to the Contractor or his p artner, agent or servant or, any one on his b ehalf, to any officer or emp loy ee of the Railway , or to any p erson on his behalf in relation to obtainin g or execution of this or any other contract with the Railway shall, in addition to any criminal liability which he may incur, subject contractor to the rescission of the contract and all other contracts with the Railway and to the p ay ment of any loss or damage resultin g from such d ecision and

the Railway shall be entitled to deduct the amounts so p ay able from any moneys due to the Contractor(s) under this contract or any other contracts with the Railway .

(2) The Contractor shall not lend or borrow from or h ave or enter into any

monitory dealin gs or transactions either dir ectly or indirectly with any emp loy ee of the Railway and if he shall do so, the Railway shall be entitled forthwith to rescind the contract and all other contracts with the Railway . Any question or disp ute as to the commission or any such offence or co mp ensation p ay able to the Railway under this clause shall be settled by the General M anager of the R ailway , in such a mann er as he shall consider f it and sufficient and his decision shall be f inal and conclusive. In the event of rescission of the contract under this clause, the Contractor will not be p aid any comp ensation whatsoever excep t p ay ments for the work done up to the date of rescission.

EX EC UTIO N OF WORKS

19.(1) Contractor's understanding:- It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equip ment and facilities needed p reliminary to and during the p rogress of the works, the general and local conditions, the labour cond itions p revailin g therein and all other matters which can in any way affect the works under the contract.

(2) Commencement of works:- The Contractor shall commence the works

within 15 day s after the receip t by him of an order in writing to this effect from the Engineer and shall p roceed with the same with due exp edition and without delay

(3) Accepted programme of work:- The Contractor who has been awarded



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the work shall as soon as p ossible but not later than 30 day s after the date of receip t of the accep tance letter in resp ect of contracts with initial comp letion p eriod of two y ears or less or not later than 90 day s for other contracts have to submit the detailed p rogramme of work ind icatin g the time schedu le of var ious items of works in the form of Bar Chart/PERT/CPM . He shall also submit the details of organisation (in terms of labour and sup ervisors) p lant and machinery that he intends to utilize (from time to time) for execution of the work within stip ulated date of comp letion. The p rogramme of work amended as necessary by discussions with the Engineer, shall be treated as the agreed p rogramme of the work for the p urp ose of this contract and the contractor shall endeavour to fulfil this p rogramme of work. The p rogress of work will be watched accordin gly the liquidated d amages will be with ref erence to the overall comp letion date. Nothing stated herein shall p reclude the contractor in achiev in g earlier comp letion of item or whole of the works than indicated in the p rogramme.

(4) Setting out of works :- The Contractor shall b e resp onsible for the corr ect

setting out of all works in relation to original p oints, lines and levels of ref erence at his cost. The Contractor shall execute the work true to align ment, grade, lev els and dimensions as shown in the drawing and as directed by the Engineer 's rep resentative and shall ch eck these at frequent intervals. The Contractor shall p rovide all facilities like labour and instruments and shall co-op erate with the Engineer's rep resentative to check all alignment, grad es, levels and dimensions. If, at any time, during the p rogress of the works any error shall ap p ear or arise in any p art of the work, the Contractor, on

bein g required so to do by the Engineer's rep resentative shall, at his own cost rectify such errors, to the satisfaction of the En gineer's rep resentative. Su ch ch eckin g shall not absolve the Contractor of h is own resp onsibility of maintainin g accuracy in the work. The Contractor shall carefully p rotect and p reserve all ben ch marks, sight rails, p egs and other things used in setting out the work.

20.(1) Compliance to Engineers Instructions:- The Engineer shall d irect the

order in which the several p arts of the works shall be executed and the Contractor shall execute without delay all ord ers given by the Engineer from time to time but the Contractor shall not be reliev ed thereby from resp onsibility for the due p erformance of the works in all resp ects.

(2) Alterations to be authorised:- No alterations in or additions to or

omissions or abandonment of any p art of the works shall be deemed authorised, excep t under instructions from the Engineer, and the Contractor shall be resp onsible to obtain such instructions in each and ev ery case in writing fro m the En gineer.

(3) Ext ra works:- Shou ld works over and abov e those included in the

contract require to be executed at the site, the contractor shall have no right to be entrusted with the execution of such works which may be carr ied out by another contractor or contractors or by other means at the option of the Railway .

(4) Separate contracts in connection with works:- The Railway shall have

the right to let other contracts in connection with the works. The Contractor shall afford other contractors reasonable op p ortunity for the storage of their materials and the execution of their works and shall p rop erly connect and coordinate his work with



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theirs. If any p art of the Contractors work dep ends for p rop er execution or result up on the work of another contractor(s), the Contractor shall insp ect and p romp tly rep ort to the Engineer any defects in such works that render it unsuitable for such p rop er execution and r esults. The Contractor's failure so-to insp ect and rep ort shall constitute an accep tance of the other contractor's work as fit and p rop er for the recep tion of his work, excep t as to defects which may develop in the other contractor's work after the execution of his work.

21. Instruction of Engineer's Representative:- Any instructions or

app roval giv en by the Engineer's rep resentative to Contractor in connection with the works shall bind the Contractor as through it had been giv en by the Engineer p rovided alway s as follows:-

(a) Failure of the En gineer's rep resentative to disapp rove any work or

materials shall not p rejudice .the p ower of the Engineer thereafter to disapp rove such work or material and to order the remov al or breakin g up thereof.

(b) If the Contractor shall be dissatisfied by reason of any decision of the

Engineer's rep resentative, he shall be entitled to refer the matter to the Engineer who shall there up on confirm or vary such decision.

22 (1) Adherence to specifications and drawings:- The whole of the works

shall be executed in p erfect conformity with the sp ecifications and drawings of the contract. If Contractor p erforms any works in a manner contrary to the sp ecifications or drawings or any of them and without such reference to the Engineer he shall bear

all the costs arisin g or ensuin g therefrom and shall be r esp onsible for all loss to the Railway .

(2) Drawings and specifications of the works:- The Contractor shall keep

one copy of Drawings and Sp ecifications at the site, in good order, and such contract documents as may be necessary , available to the Engin eer or the En gineer's Rep resentative.

(3) Ownership of drawings and specifications:- All Drawings and

Sp ecifications and cop ies thereof furnished by the Railway to the Contractor are deemed to be the p rop erty of the Railway . They shall not be used on other works and with the excep tion of the signed contract set, shall be r eturned by the Contractor to the Railway on comp letion of the work or termination of the Contract.

(4) Compliance with Contractor's request for details:- The Engineer shall furnish with reasonable p romptness, after receip t by him of the Contractor's request for the same, add itional instructions by means of drawin gs or otherwise, necessary for the p rop er execution of the works or any p art thereof. All such drawings and instructions shall be consistent with the Contract Documents and reasonably infer able therefrom.

(5) Meaning and intent of specification and drawings:- If any amb iguity

arises as to the meanin g and intent of any p ortion of the Sp ecifications and Drawings or as to execution or quality of any work or material, or as to the measurements of the works the decision of the En gin eer thereon shall be final subject to the app eal (within 7 day s of such decision being intimated to the Contractor) to the Chief Engineer who



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shall have the p ower to correct any errors, omissions, or discrep ancies in aforementioned items and whose decision in the matter in d isp ute or doubt shall be final and conclusiv e.

23. Wo rking during night:- The Contractor shall not carry out any work

between sun-set and sun-rise without the p revious p ermission of the Engineer.

24. Damage to Railway pro perty or private life and property:- The Contractor shall be resp onsible for all risk to the work and for tresp ass and shall make good at his on exp ense all loss or damage whether to the works themselves or to any other p rop erty of the Railway or the lives, p ersons or p rop erty of others from whatsoever cause in connection with the works until they are taken over by the Railway and this althou gh all reasonable and p rop er p recautions may have been taken by the Contractor, and in case the Railway shall be called up on to make good any costs, loss or damages, or to p ay any comp ensation, including that p ay able under the p rovisions of the Workmen's Comp ensation Act or any statutory amendments thereof to any p erson or p ersons sustaining d amages as afor esaid by reason of any act, or any negligen ce or o missions on the p art of the Contractor the amount of any costs or char ges includin g costs and char ges in connection with legal p roceedin gs, which the Railway may incur in referen ce thereto, shall be ch ar ged to the Contractor. The Railway shall have the p ower and right to p ay or to defend or comp romise any claim of threatened legal p roceedin gs or in anticip ation of legal p roceedin gs bein g instituted Consequent on the action or defau lt of the Contractor, to take such step s as may be considered necessary or desirable to ward off or mitigate the effect of such p roceedings, ch ar gin g to Contractor, as aforesaid, any sum or sums of money which may be p aid and any exp enses whether for reinstatement or otherwise which may be

incurred and the p rop riety of any such p ay ment, defence or comp romise, and the incurrin g of any such exp enses shall not be called in question by the Contractor.

25. Sheds, Stores houses and Yards:- The Contractor shall at his own

exp ense p rovide himself with sheds, storehouses and y ards in such situations and in such numbers as in the op inion of the Engineer is requisite for carry ing on the works and the Contractor shall keep at each such sheds, store-houses and y ards a sufficient quantity of materials and p lant in stock as not to delay the carry ing out of the works with due exp edition and the En gineer and the En gin eer's rep resentative shall hav e free access to the said sheds, store houses and y ards at any time for the p urp ose of insp ecting the stock of materials or p lant so kept in hand, and any materials or p lant which the En gin eer may object to shall not be brou ght up on or used in the works, but shall be forthwith removed fro m the sheds, store houses or y ards by the Contractor. The Contractor shall at his own exp enses p rovide and maintain suitable mortar mills, soaking v ats or any other equip ments necessary for the execution of the works.

26. Pro vision of efficient and competent staff:- The Contractor shall p lace

and keep on the works at all times efficient and comp etent staff to give the necessary directions to his workmen and to see that they execute their work in sound and p rop er manner and shall emp loy only such sup ervisors, workmen and labourers in or about the execution of any of these works as are car eful and skilled in the var ious trades and callin gs. The Contractor shall at once remov e from the works any agents, p ermitted sub-contractor, sup ervisor, workman or labourer who shall be objected to by the Engineer and if and when ever requ ired by the Engin eer, he shall submit a corr ect



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return showing the names of all staff and workmen emp loy ed by him. In the event of the Engineer bein g of the op inion that the Contractor is not emp loy ing on the works a sufficient number of staff and workmen as is necessary for the p rop er comp letion of the works within the time p rescribed, the Contractor shall forthwith on receiving intimation to this effect take on the add itional nu mber of staff and labour sp ecified by the Engineer within seven day s of being so required and failur e on the p art of the Contractor to comp ly with such instructions will entitle the Railway to rescind the contract under Clause 62 of these conditions.

27. (1) Workmanship and testing:- The whole of the works and/or sup p ly of

materials sp ecified and p rovided in the contract or that may be necessary to be done in order to form and comp lete any p art thereof shall b e executed in the best and most substantial workman lik e manner with materials of the best and most app roved quality of their resp ective kinds, agreeable to the p articulars contained in or imp lied by the sp ecifications and as referred to in and r ep resented by the drawings or in such other additional p articulars, instructions and drawin gs may be found requisite to be given during the carry ing on of the works and to the entire satisfaction of the Engineer accordin g to the instructions and directions which the Contractors may from time to time receiv e from the Engin eer. The materials may be subjected to tests by means of such machines, instruments and app liances as the Engin eer may direct and wholly at the exp ense of the Contractor.

(2) Removal of Im pro per work and materials:- The Engineer or the

Engineer's Rep resentative shall be entitled to order from time to time:-

(a) the removal fro m the site within the time sp ecified in the order of any materials which in his op inion are not in accordan ce with the sp ecifications or drawings.

(b) the substitution of p rop er and suitable materials, and

(c) the remov al and p rop er re-execution, notwithstanding any p revious tests thereof or on account p ay ments therefor, of any work which in resp ect of materials or workmanship is not in his op inion in accordan ce with the sp ecifications and in case of default on the p art of the Contractor in carry ing out such order the Railway shall be entitled to rescind the contract under Clause 62 of these conditions.

28. Facilities for Inspection:- The Contractor shall afford the En gineer and

the Engineer's Rep resentative every facility for entering in and up on every p ortion of the work at all hours for the p urp ose of insp ection or otherwise and shall p rovide all labour, materials, p lanks, ladd ers, p ump s, app liances and thin gs of every kind required for the p urp ose and the Engineer and the En gineer's Rep resentative shall at all times have free access to every p art of the works and to all p laces at which materials for the works are stored or bein g p rep ared.

29. Examination of work before covering up:- The Contractor shall give 7

day s notice to the Engin eer or the En gin eer's Rep resentative whenever any work or materials are intended to be cover ed up in the earth, in bodies or walls or otherwise to be p laced bey ond the reach of measurements in order that the work may be insp ected or that correct dimensions may be taken before bein g so covered, p laced bey ond the



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reach of measurement in defau lt whereof, the same shall at the op tion of the Engineer or the En gineer's Rep resentative be uncov ered and measured at the Contractor's exp ense or no allowance shall be made for such work or materials.

30. Temporary Works:- All temp orary works necessary for the p rop er

execution of the works shall be p rovided and maintained by the Contractor and subject to the consent of the Engineer shall be removed by him at his exp enses when they are no lon ger requ ired and in such manner as the En gin eer shall direct. In the event of failure on the p art of the Contractor to remove the temp orary works, the Engineer will cause them to be remov ed and cost as increased by sup ervision and other incidental ch ar ges shall be recov ered from the Contractor. If temp orary huts are p rovided by the Contractor on the Railway land for labour engaged by him for the execution of works, the contractor shall arr an ge for h andin g over v acant p ossession of the said land after the work is co mp leted; if the contractor's labour refuse to vacate, and have to be rejected by the Railway , necessary exp enses incurred by the Railway in connection therewith shall be born e by the Contractor.

31. (1) Contractor to supply water for works:- Unless otherwise p rovided

in the Contract, the Contractor shall be resp onsible for the arrangements to obtain supp ly of water necessary for the works.

(2) Water supply from Railway S ystem:- The Railway may supp ly to the

Contractor p art or whole of the quantity of the water required for the execution of works from the, Railway 's existin g water supp ly sy stem at or near the site of works on sp ecified terms and conditions and at such char ges as shall be d etermined by the Railway and p ay able by the Contractor, p rovided that the Contractor shall arrange, at his own exp ense, to effect the connections and lay additional p ip e lines and accessories on the site and that the Contractor shall not be entitled to any comp ensation for interruption of failure of the water supp ly .

(3) Water supply by Railway Transport:- In the event of the Railway arran gin g supp ly of water to the Contractor at or near the site of works by travelling water tanks or other means, the freight and other charges incurr ed thereby , including demurrage char ges that may be levied, shall b e p aid by the Contractor in addition to the charges referred to in sub-clause (2) of the clause p rovided that the contractor shall not be entitled to any comp ensation for interruption or failure of the water supp ly .

(4)(a) Contractor to arrange supply of Electric power for works - Unless

otherwise p rovided in the contract, the Contractor shall be resp onsible for arran gements to obtain supp ly of Electric Power for the works.

(b) Electric supply from the Railway system:- The Railway may supp ly to

the Contractor p art or whole of the electric p ower wherever available and p ossible, required for execution of works from the Railway 's existin g electric sup p ly sy stems at or near the site of works on sp ecified terms and conditions and such charges as shall be determined by the Railway and p ay able by the Contractor p rovided the cost of arran gin g necessary connections to the Railway 's Electric Supp ly systems, and lay ing of underground /overhead conductor, cir cuit p rotection, electric p ower meters,



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transmission structure, shall be borne by the Contractor and that the Contractor shall not be entitled to any comp ensation for interruption or failure of the Electric sup p ly system:

32. Pro perty in materials and plant:- The materials and p lant brought by the

Contractor up on the site or on the land occup ied by the Contractor in conn ection with the works and intended to be used for the execution thereof shall immediately , they are brought up on the site of the said land, be deemed to be the p rop erty of the Railway . Such of them as dur in g the p rogress of the works are rejected by the Engineer under C lause 25 of these conditions or are d eclared by him not to be needed for the execution of the works or such as on the grant of the certificate of comp letion remain unused shall immed iately on such rejection, d eclaration or grant cease to be deemed the p rop erty of the Railway and the Contractor may then (but not before) remove them from the site or the said land. This clause shall not in any way diminish the liability of the Contractor nor shall the R ailway be in any way answerable for any loss or damage which may happ en to or in resp ect of any such materials or p lant either by the same bein g lost, stolen, injured or destroy ed by fire, temp est or otherwise.

33.(1) Tools, Plant and Materials S upplied by Railway:- The Contractor

shall take all r easonable car e of all tools, p lant and materials or other p rop erty whether of a like d escrip tion or not belon gin g to the Railway and co mmitted to his char ge for the p urp ose of the works and shall be r esp onsible for all damage or loss caused by him, h is agents, p ermitted subcontractor, or his workmen or others while they are in his char ge. The Contractors shall sign accountable receip ts for tools, p lants and materials mad e over to him by the En gineer and on comp letion of the works shall hand over the unused balance of the same to the En gin eer in good order and r ep air, fair wear and tear excep ted, and shall be r esp onsible for any failur e to account for the same or any damage don e thereto.

(2) Hire of Railway's Plant:- The Railway may hire to the Contractor such

p lant as concrete mixers, comp ressors and p ortable engines for use durin g execution of the works on such terms as may be sp ecified in the sp ecial cond itions or in a sep arate agreement for Hire of Plant.

34. (1) Precaution during progress of works:- During the execution of

works, unless otherwise sp ecified, the Contractor shall at his own cost p rovide the materials for and execute all shorin g, timberin g and strutting works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that no damage, injury or loss is caused or likely to be caused to any p erson or p rop erty .

(2) Roads and Water courses:- Existin g roads or water courses shall not be

blocked cut through, altered, diverted or obstructed in any way by the Contractor, excep t with the p ermission of the Engineer. All co mp ensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to such roads or water courses by the Contractor or his agent or his staff shall be recoverable from the Contractor by deduction from any sums which may become due to him in terms of contract, or otherwise according to law.

(3) Pro vision of access to premises:- During p rogress of work in any street



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or thoroughfare, the Contractor shall make adequate p rovision for the p assage of traffic, for securin g saf e access to all p remises ap p roached from such street or thoroughfare and for any drainage, water sup p ly or means of lightin g which may be interrupted by reasons of the execution of the works and shall react and maintain at his own cost barriers, lights and other safegu ards as p rescribed by the Engineer, for the regulation of the traffic, and p rovide watchmen necessary to p revent accidents. The works shall in such cases be executed night and day if so ordered by the Engineer and with such vigour so that the traffic way be imp eded for as short a time as p ossible.

(4) S afety of Public:- The Contractor shall be resp onsible to take all

p recautions to ensure the safety of the p ublic whether on p ublic or Railway p rop erty and shall p ost such look out men as may in the op inion of the En gin eer b e requir ed to comp ly with regulations ap p ertaining to the work.

35. Use of Ex plosives:- Exp losives shall not be used on the works or on the

site by the Contractor without the p ermission of the Engineer and then only in the manner and to the extent to which such p ermission is given. Where exp losives are required for the works, they shall be stored in a sp ecial magazine to be p rovided by and at the cost of the Contractor in accord ance with the Exp losive Rules. The Contractor shall obtain the n ecessary license for the storage and the use of exp losives and all op erations in which or for which exp losives are emp loy ed shall be at the sole risk and resp onsibility of the Contractor and the Contractor shall indemn ify the Railway in resp ect thereof.

36. (1) Suspension of works:- The Contractor shall on the order of the

Engineer, susp end the p rogress of the works or any p art thereof for such time or times and in such manner as the Engin eer may consider necessary and shall during such susp ension p rop erly p rotect and secure the work so far as is necessary in the op inion of the Engin eer. If such susp ension is:-

(a) Provided for in the contract, or (b) necessary for the p rop er execution of the works or by the reason of

weather conditions or by some default on the p art of the Contractor, and or

(c) necessary for the safety of the works or any p art thereof.

(2) The Contractor shall not be entitled to the extra costs, if any , incurred by him durin g the p eriod of susp ension of the works, but in the event of any susp ension ordered by the Engineer for reasons other than aforementioned and when each such p eriod of susp ension exceeds 14 d ay s, the Contractor shall be entitled to such extension of time for comp letion of the works as the Engineer may consider p rop er having regard to the p eriod or p eriods of such susp ensions and to such comp ensations as the Engineer may consider reasonab le in resp ect of salaries or wages p aid by the Contractor to his emp loy ees during the p eriods of such susp ension.

(3) S uspension lasting more than 3 months:- If the p rogress of the works or

any p art thereof is susp ended on the order of the En gineer for mor e than three months at a time, the Contractor may serve a written notice on the En gin eer r equirin g p ermission within 15 day s from the receip t thereof to p roceed with the works or that p art thereof in r egard to which p rogr ess is susp ended and if such p ermission is not



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granted within that time the Contractor by further written notice so served may , but is not bound to, elect to treat the susp ension where it affects p art only of the works as an omission of such p art or where it affects the whole of the works, as an abandonment of the contract by the Railway .

37. Rates for items of works:- The rates, entered in the accep ted Schedu le of

Rates of the Contract are intended to p rovide for works duly and p rop erly comp leted in accordan ce with the general and sp ecial (if any ) conditions of the contract and the sp ecifications and drawin gs together with such enlar gements, extensions, diminutions, reductions, alterations or additions as may be ordered in terms of Clause 42 of these conditions and without p rejudice to the gen erality thereof and shall be deemed to include and cover sup erintendence and labour, supp ly , including full freight, of materials, stores, p atterns, p rofiles, moulds, fittings, centerings, scaffoldin g, shoring p rop s, timber, machinery , barracks, tackle, roads, p egs, p osts, tools and all ap p aratus and p lant required on the works, excep t such tools, p lant or materials as may be sp ecified in the contract to be supp lied to the Contractor by the Railway , the erection, maintenance and removal of all temp orary works and, buildin gs, all watchin g, lighting, bailin g, p ump ing and dr ainin g, all p revention of or comp ensation for tresp ass, all barriers and arrangements for the safety of the p ublic or of emp loy ees during the execution of works, all sanitary and medical arran gements for labour camp s as may be p rescribed by the Railway , the setting of all work and of the construction, rep air and up keep of all centre lin es, bench marks and lev el p egs thereon, site clearance, all fees duties, roy alties, rent and comp ensation to owners for surface damage or taxes and imp ositions p ay able to local authorities in r esp ect of land, structures and all material supp lied for the work or other duties of exp enses for which the Contractor may beco me liab le or may be p ut to under any p rovision of law for the p urp ose of or in connection with the execution of the contract, and all such other incidental char ges or contingen cies as may have been sp ecially p rovided for in the sp ecifications.

38. Demurrage and wharfage dues:- Demurrage char ges calcu lated in

accordan ce with the scale in force for the time bein g on the Railway and incurred by the Contractor failing to load or unload any goods of materials within the time allowed by the Railway for lo adin g as also wharfage ch ar ges, of materials not removed in time as also char ges due on consign ments booked by or to him shall be p aid by the Contractor, failing which such char ges shall b e deb ited to the Contractor's

account in the hands of the Railway and shall be deducted fro m any sums which may become du e to him in terms of the contracts.

39. (1) Rates for extra items of works:- Any item of work carried out by the Contractor on the instructions of the Engineer which is not included in the accep ted schedules of rates shall be executed at the rates setforth in the "Schedule of Rates...................Railway " modified by the tender p ercentage and such items are not contained in the latter, at the rate agreed up on between the Engineer and the Contractor before the execution of such items of work and the Contractors shall be bound to notify the Engineer at least seven day s before the necessity arises for the execution of such items of works that the accep ted schedule of rates does not include rate or rates for the extra work involved. The rates p ay able for such items shall be decided at the meetin g to be held between the Engineer and Contractor, in as short a p eriod as p ossible after the need for the sp ecial item has come to the notice. In case



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the Contractor fails to attend the meeting after bein g notified to do so or in the event of no settlement bein g arr ived at, the Railway shall be entitled to execute the extra works by other means and the Contractor shall have no claim for loss or damage that may result from such p rocedure.

(2) Provided that if the Contractor commences work or incurs any exp enditure

in regard thereto before the rates as determin ed and agr eed up on as lastly hereuntofore mentioned, then and in such a case the Contractor shall only be entitled to be p aid in resp ect of the work carried out or exp enditure incurred by him p rior to the date of determination of the rates as aforesaid accord in g to the rates as shall be fixed by the Engineer. However if the Contractor is not satisfied with the d ecision of the En gineer in this resp ect he may app eal to the Chief Engin eer within 30 day s of getting the decision of the En gineer, sup p orted by analysis of the rates claimed. The Chief Engineer's decision after hearin g both the p arties in the matter would be final and bindin g on the Contractor and the Railway .

40. (1) Handing over of works:- The Contractor shall be bound to hand over

the works executed under the contract to the Railway comp lete in all resp ects to the satisfaction of the Engineer. The En gineer shall determin e the date on which the work is considered to have been comp leted, in sup p ort of which his certificate shall be regarded as sufficient eviden ce for all p urp oses. The Engineer shall determin e from time to time, the date on which any p articular section of the work shall have been comp leted, and the contractor shall be bound to observe any such determination of the Engineer.

(2) Clearance of site on completion:- On comp letion of the works, the

Contractor shall clear away and remove from the site all constructional p lant, surp lus materials, rubbish and temp orary works of every kind and leave the whole of the site and works clean and in a workman like condition to the satisfaction of the Engineer. No final p ay ment in settlement of the accounts for the works shall b e p aid, h eld to be due or shall be made to the, Contractor till, in addition to any other condition necessary for final p ay ment, site clearance shall hav e been affected by him, and such clear ance may be made by the Engineer at the exp ense of the Contractor in the event of his failure to comp ly with this p rovision within 7 day s after receivin g notice to that effect. Should it become necessary for the Engineer to have the site cleared at the exp enses of the Contractor, the Railway shall not be held liable for any loss or damage to such of the Contractor's p rop erty as may be on the site and due to such removal there from which remov al may be effected by means of p ublic sales of such materials and p rop erty or in such a way as deemed fit and convenient to the Engin eer.

VARIATIO NS IN EX TEN T O F CONTRAC T

41. Modification to contract to be in writing:- In the event of any of the p rovisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by the Railway and the Contractor and no work shall p roceed under such modifications until this has been done. Any verbal or written arrangement abandonin g, modify in g, extendin g, reducin g or supp lementing the contract or any of the terms thereof shall be deemed conditional and shall not be b indin g on the Railway unless and until the same is incorp orated in a formal instrument and signed by the Railway and the Contractor,



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and till then the Railway shall have the right to rep udiate such arrangements.

42. (1) Powers of modification to contract:- The Engineer on beh alf of the Railway shall be entitled by order in writing to enlarge or extend, dimin ish or reduce the works or make any alterations in their design, char acter p osition, site, quantities, dimensions or in the method of their execution or in the co mbination and use of materials for the execution thereof or to order any additional work to be done or any works not to be done and the contractor will not be entitled, to any comp ensation for any increase/r eduction in the quantities of work but will b e p aid only for the actual amount of work done and for ap p roved materials supp lied against a sp ecific order.

(2) (i) Unless otherwise sp ecified in the sp ecial conditions of the contract, the

accep ted variation in quantity of each individual item of the contract would be up to 25% of the quantity originally contracted, excep t in case of foundation work. The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any comp ensation whatsoever up to the limit of 25% variation in quantity of individual item of works.

(ii) In case of earthwork, the variation limit of 25% shall ap p ly to the gross

quantity of earth work and variation in the quantities of individu al classifications of soil shall not be subject to this limit. .

(iii) In case of found ation work, no v ariation limit shall ap p ly and the work

shall be carried out by the contractor on agreed rates irresp ective of any variation.

(3) Valuation of variations:- The enlar gements, extensions, diminution, reduction, alterations or additions referred to in sub-clause (2) of this clause shall in no degree affect the validity of the contract but shall be p erformed by the Contractor as p rovided therein and b e subject to the same conditions, stip ulations and obligations as if they had been origin ally and exp ressively included and p rovided for in the sp ecifications and drawin gs and the amounts to be p aid therefor shall b e calcu lated in accordan ce with the accepted schedule of rates. Any extra items/quantities of work fallin g outside the p urview of the p rovisions of sub-clause (2) above shall b e p aid for at the rates determined under clause-39 of these cond itions.

CLAIMS

43. (1) Monthly S tatement of Claims:- The Contractor shall p rep are and

furnish to the Engineer once in every month an account givin g full and detailed

p articulars of all claims for any additional exp enses to which the Contractor may consider himself entitled to and of all extra or additional works order ed by the Engineer which he has executed durin g the p receding month and no claim for p ay ment for and such work will be considered which has not been includ ed in such p articulars.

(2) S igning of "No Claim" Certificate:- The Contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of or arisin g out of this contract, nor shall the Railway entertain or consider any such claim, if made by the Contractor, after he shall hav e signed a "No C laim" Certificate in favour of the Railway in such form as shall be requir ed by the Railway after the works are finally



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measured up . The Contactor shall be debarr ed from d isp uting the correctness of the items covered by "No Claim" Certificate or demandin g a clearance to arbitration in resp ect thereof.

MEAS UR EMENTS, CER TI FICA TES A ND PAY MENTS

44. Quantities in schedule annexed to Contract:- The quantities set out in the accep ted schedule of rates with items of works quantified ar e the estimated quantities of the works and they shall not be taken as the actual and corr ect quantities of the work to be executed by the Contractor in fulfillment of h is obligations under the contract.

45. Measurement of works:- The Contractor shall be p aid for the works at

the rates in the accep ted schedule of rates and for extra works at rates determined under Clause 39 of these cond itions on the measurements taken by the Engineer or the Engineer's r ep resentative in accordance with the rules p rescribed for the p urp ose by the Railway . The quantities for items the unit of which in the accep ted schedule of rates is 100 or 1000 shall be calcu lated to the nearest whole number, any fraction below half bein g drop p ed and half and above b ein g taken as one; for items the unit of which in the accep ted schedule of rates is single, the quantities shall be calculated to two p laces of decimals. Such measurements will be taken of the work in p rogress from time to time and at such intervals as in the op inion of the Engineer shall be p rop er having regard to the p rogress of works. The date and time on which "on account" or final measurements are to be made shall be co mmunicated to the Contractor who shall be p resent at the site and shall sign the results of the measurements (which shall also be signed by the Engineer or the Engineer's rep resentative) recorded in the official measurements book as an acknowled gement of his accep tance of the accuracy of the measurements. Failin g the Contractor's attendance the work may be measured up in his absence and such measurements shall, notwithstanding such absen ce, be bindin g up on the Contractor whether or not he shall have signed the measurement books p rovided alway s that any objection made by him to measurement shall be duly investigated and considered in the manner set out below:-

(a) It shall b e op en to the Contractor to take sp ecific ob jection to any recorded

measurements or Classification on any ground within seven day s of the date of such measurements. Any remeasurement taken by the Engineer or the En gineer's rep resentative in the p resence of the Contractor or in his absence after due notice has been given to him in consequen ce of objection mad e by the Contractor shall be final and bindin g on the Contractor and no claim whatsoever shall there after be entertained regardin g the accuracy and classification of the measurements.

(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall be liab le to p ay the actual exp enses incurred in measurements.

46. (1) "On-Account " Payments:- The Contractor shall be entitled to be p

aid from time, to time by way of "On-Account" p ay ment only for such works as in the op inion of the Engineer h e has executed in terms of the contract. All p ay ments due on the Engineer's or the En gineer's Rep resentative's certificates of measurements shall



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be subject to any deductions which may be made under these p resents and shall further be subject to, unless otherwise required by Clause 16 of these conditions, a retention of ten p ercent by way of security dep osits, until the amount of security dep osit by way of retained earnest money and such r etentions shall amount to 10% of the total value of the contract p rovided alway s that the Engineer may by any certificate make any correction or modification in any p revious certificate which shall have been issued by him and that the Engineer may withhold any certificate if the works or any p art thereof are not being carried out to his satisfaction.

(2) Rounding off amounts:- The total amount due on each certificate shall be

rounded off to the near est rup ee lump sum less than 50 p raise shall b e omitted and sums of 50 p aise and more up to Re.1 /- will be reckoned as Re. 1/-

(3) On Account Payments not prejudicial to final settlement:- "On-

Account" p ay ments made to the 'Contractor shall be without p rejudice to the final makin g up of the accounts (excep t where measurements are sp ecifically noted in the M easurement Book as "Final M easurements" and as such have been signed by the Contractor) and shall in no resp ect be considered or used as evidence of any facts stated in or to be inferred from such accounts not of any p articular quantity of work havin g been executed nor of the mann er of its execution bein g satisfactory .

(4) Manner of payment:- Unless otherwise sp ecified p ay ments to the

Contractor will be made by cheque but no cheque will be issued for and amount less than Rs.100/-

47. Maintenance of works:- The Contractor shall at all times during the

p rogress and continuance of the works and also for the p eriod of maintenance sp ecified in the Tender Form after the d ate of p assing of the certificate of comp letion by the Engineer or any other earlier d ate subsequent to the comp letion of the works that may be fixed by the Engineer be resp onsible for and effectively maintain and up hold in good substantial, sound and p erfect condition all and every p art of the works and shall make good fro m time to time and at all times as often as the En gineer shall requ ire, any damage or defect that may during the above p eriod arise in or be discovered or be in any way connected with the works, p rovided that such damage or defect is not dir ectly caused by errors in the contract do cuments, act of p rovidence or insurrection or civ il r iot, and the Contractor shall b e liable for and shall p ay and make good to the Railway or other p ersons legally entitled thereto whenever required by the Engineer so to do, all losses, damages, costs and exp enses they or any of them may incur or be p ut or be liable to by reasons or in consequence of the op erations of the Contractor or of his failure in any resp ect.

48. (1) Certificate of completion of works:- As soon as in the op inion of the

Engineer the works shall have been substantially comp leted and shall have

satisfactorily p assed any final test or tests that may be p rescribed, the Engin eer shall issue a Certificate of Comp letion in resp ect of the works and the p eriod of maintenance of the works shall commence from the date of such certificate p rovided that the Engineer may issue such a certificate with resp ect to any p art of the works before the comp letion of the whole of the works of with resp ect to any substantial p art of the works which has been both comp leted to the satisfaction of the Engin eer and occup ied or used by the Railway and when any such certificate is given in resp ect of p



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art of the works such p art shall be considered as co mp leted and the p eriod of maintenance of such p art shall commen ce from the date of such certificate.

(2) Contractor not absolved by completion Certificate:- The Certificate of comp letion in resp ect of the works referred to in sub-clause (1) of this clause shall not absolve the Contractor from h is liability to make good any defects imp erfections, shrinkages or faults which may app ear during the p eriod of maintenance sp ecified in the tender arising in the op inion of the Engin eer from materials or workmanship not in accordan ce with the drawings or sp ecifications or instruction of the Engineer, which defects, imp erfections, shrinkages or faults shall up on the direction in writin g of the Engineer b e amended and made good by the Contractor at his own cost; and in case of default on the p art of Contractor the Engineer may emp loy labour and materials or app oint another Contractor to amend and make good such defects, imp erfections, shrinkages and f aults and all exp enses consequent thereon and incid ental thereto shall be borne by the Contractor and shall be recoverab le from any money s due to him under the contract.

49. Appro val only by Maintenance Certificate:- No certificate other than

maintenance certificate referred to in Clause 50 of the conditions shall be deemed to constitute app roval of any work or other matter in resp ect of which it is issued or shall be taken as an admission of the due p erforman ce of the contract or any p art thereof or of the accur acy of any claim or d emand mad e by the Contractor or of additional varied work havin g been ordered by the Engineer nor shall any other certificate conclude or p rejudice any of the p owers of the Engineer.

50. (1) Maintenance Certificate:- The Contract shall not be considered as

comp leted until a M aintenance Certificate shall h ave been signed by the Engineer stating that the works have been comp leted and maintained to his satisfaction. The maintenance Certificate shall b e given by the Engineer up on the exp iration of the p eriod of maintenance or as soon thereafter as any works ordered during such p eriod p ursuant to sub clause (2) C lause 48 of these conditions shall have been comp leted to the satisfaction of the En gin eer and fu ll effect shall b e giv en to this Clause notwithstanding the taking p ossession of or using the works or any p art thereof by the Railway .

(2) Cessation of Railway’s Liability:- The Railway shall not be liable to the

Contractor for any matter arising out of or in connection with the contract of the execution of the works unless the Contractor shall have made a claim in writin g in resp ect thereof before the issue of the M aintenance Certificate under this clause.

(3) Unfulfilled Obligations:- Notwithstanding the issue of the M aintenance

Certificate the Contractor and (subject to sub-clause (2) of this clause) the R ailway shall remain liable for the fulfillment of any obligation in curred under the p rovision of the contract p rior to the issue of the maintenance Certificate which remains unp erformed at the time such certificate is issued and for the p urp oses of determining the nature and extent of any such obligations the contract shall be deemed to remain in force between the p arties thereto.

51.(1) Final Payment:- On the Engin eer's certificate of comp letion in r esp ect

of the works adjustment shall be made and the balance of account based on the Engineer or the Engineer's rep resentative's certified measurements of the total



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quantity of work executed by the Contractor upto the date of comp letion and on the accep ted schedule or r ates and for extra works on rates determined under Clause 39 of these conditions shall be p aid to the Contractor subject alway s to any deduction which may be made under these p resents and further subject to the Contractor having deliver ed to the Engineer either a full account in detail of all claims he may have on the Railway in resp ect of the works or having d eliv ered "No Claim" C ertificate and the Engin eer h avin g after the receip t of such account given a certificate in writing that such claims are correct, that the whole of the works to be done under the p rovisions of the Contracts have been comp leted, that they have been insp ected by him since their comp letion and found to be in good and substantial order, that all p rop erties, works and things, removed, d isturbed or injured in consequ ence of the works have been p rop erly rep laced and made good and all exp enses and demands incurred by or made up on the Railway for or in the resp ect of damage or loss by from or in consequ ence of the works, have been satisfied agreeably and in conformity with the contract.

(2) Post Payment Audit:- It is an agreed term of contract that the Railway

reserves to itself the right to carry out a p ost-p ay ment audit and or technical examin ation of the works and the f inal bill includ in g all sup p orting vouch ers, abstracts, etc., and to make a claim on the contractor for the refund any excess amount p aid to him if as a result of such examination any over-p ay ment to him is discovered to have been made in resp ect of any works done or alleged to have been done by him under the contract.

51-A. Pro duction of vouchers etc. by the Contractor:- (i) For a contract of

more than one crore of rup ees, the contractor shall, whenever required, p roduce or cause to be p roduced for examin ation by the Engineer any quotation, invoice, cost or other account, book of accounts, voucher, receip t, letter, memorandum, p ap er of writing or any cop y of or extract from any such docu ment and also furn ish information and returns verified in such mann er as may be required in any way relatin g to the execution of this contract or relevant for verify ing or ascertaining cost of execution of this contract (the decision of the Engineer on the question of relevancy of any documents, information or return bein g fin al and bindin g in the p arties). The contractor shall similarly p roduce vouchers; etc., if requ ired to p rove to the Engineer, that materials sup p lied by him, are in accordance with the sp ecifications laid down in the contract.

(ii) If any p ortion of the work in a contract of value mor e than one crore of

rup ees be carried out by a sub-contractor or any subsidiary or allied firm or comp any (as p er Clause 7 of the Gen eral Conditions of Contract), the En gineer shall have p ower to secure the books of such sub-contract or any subsidiary or allied firm or comp any , through the contractor, and such books shall be op en to his insp ection.

(iii) The obligations imp osed by sub clause (i) & (ii) above is without

p rejudice to the obligations of the contractor under any statute rules or orders bindin g on the contractor.

52. Withholding and lien in respect of sums claimed:- Whenev er any claim or claims for p ay ment of a sum of money arises out of or under the contract against the contractor, the Railway shall be entitled to withhold and also have a lien to retain such sum or sums in whole or in p art from the security , if any , dep osited by the



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contractor and for the p urp ose aforesaid, the R ailway shall be entitled to withhold the said cash security dep osit or the security if any , furnished as the case may be and also have a lien ov er the same p endin g fin alization or adjud ication of any such claim. In the event of the security being insufficient to cover the claimed amount or amounts or if no security has been taken from the contractor, the Railway shall be entitled to withhold and have a lien to the extent of the such claimed amount or amounts referred to sup ra, from any sum or sums found p ay able or which at any time thereafter may become p ay able to the contractor under the same contract or any other contract with this or any other Railway or any Dep artment of the Central Government p ending finalization or adjud ication of any such claim.

It is an agr eed term of the contract that the sum of money or mon ey s so

withheld or retained under the lien ref erred to above, by the Railway will be kept withheld or retained as such by the Railway s till the claim arisin g out of or under the contract is determined by the arbitrator (if the contract governed by the arbitration clause) or by the comp etent court as the case may be and that the contractor will have no claim for interest or damages whatsoever on any account in resp ect of such withholding or retention under the lien ref erred to sup ra and duly notified as such to the contractor. For the p urp ose of this clause, where the contractor is a p artnership firm or a limited comp any , the Railway shall be entitled to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in p art from any sum found p ay able to any p artner / limited comp any , as the case may be whether in his individual cap acity or otherwise.

52-A Lien in respect of claims in Other Contracts:- Any sum of money due

and p ay able to the contractor (includin g the security dep osit returnable to him) under the contract may be withheld or retained by way of lien by the Railway , against any claim of this or any other Railway or any other Dep artment of the Central Government in resp ect of p ay ment of a sum of money arising out of or under any other contract made by the contractor with this or any other Dep artment of the Central Government.

It is an agr eed term of the contract that the sum of money so withheld or

retained under this clause by the Railway will b e kep t withheld or retained as such by the Railway till the claim arisin g out of or under any other contract is either mutually settled or determined by arbitration, if the other contract is governed by arbitration clause or by the comp etent court as the case may be and contractor shall have no claim for interest or damages whatsoever on this account or on any other ground in resp ect of any sum of money withheld or retained under this clause and duly notified as such to the contractor.

53. S ignature on Receipts for Amounts:- Every receip t for money which

may become p ay able or for any security which may become transferable to the Contractors under these p resents, shall, if signed in the p artnership name by any one of the p artners of a Contractor's firm be a good and sufficient dischar ge to the Railway in resp ect of the money s or security p urp orted to be acknowled ged thereby and in the event of death of any of the Contractor, p artners during the p endency of the contract it is hereby exp ressly agreed that every receip t by any one of the survivin g Contractor

p artners shall if so signed as afor esaid be good and sufficient dischar ge as aforesaid



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p rovided that nothing in this clause contain ed shall b e deemed to p rejudice or eff ect any claim which the R ailway may hereafter have against the legal rep resentative of any contractor p artner so dy ing for or in resp ect to any breach of any of the conditions of the contract, p rovided also that nothing in this clause contained shall be d eemed to p rejudice or effect the resp ective rights or obligations of the Contractor p artners and of the legal rep resentatives of any deceased Contractor p artners interse.

LABO UR

54. Wages to La bour:- The Contractor shall b e r esp onsible to ensure comp liance with the p rovision of the M inimum Wages Act, 1948 (herein after referred to as the "said Act" and the Rules made there under in resp ect of any emp loy ees directly or through p etty contractors or sub-contractors emp loy ed by him on road construction or in buildin g op erations or in stone breakin g or stone crushin g for the p urp ose of carry ing out this contract.

If, in comp lian ce with the terms of the contract, the Contractor supp lied any

labour to be used wholly or p artly under the direct orders and control of the Railway s whether in connection with any work being executed by the Contractor or otherwise for the p urp ose of the Railway such labour shall, for the p urp ose of this clause, still be deemed to be p ersons emp loy ed by the Contractor.

If any money s shall, as a result of any claim or app lication made under the

said Act be d irected to b e p aid by the Railway , such money shall be deemed to be money s p ay able to the Railway by the Contractor and on failure by the Contractor to rep ay the Railway any money s p aid by it as aforesaid within seven day s after the same shall hav e been demanded, the Railway s shall be entitled to recover the same form any money s due or accruin g to the contractor under this or any other Contract with the Railway s.

54-A Apprentices Act:- The Contractor shall be resp onsible to ensure

comp liance with the p rovisions of the App rentices Act, 1961 and the Rules and Orders issued there under from time to time in resp ect of app rentices directly or through p etty contractors or sub-contractors emp loy ed by him for the p urp ose of carry ing out the Contract.

If the contractor directly or through p etty contractors or sub-contractors fails

to do so, his failure will be a breach of the contract and the Railway may , in its discretion, rescind the contract. The contractor shall also be liable for any p ecuniary liability arising on account of any violation of the p rovisions of the Act.

Note: The contractors are required to engage app rentices when the works undertaken by them last for a p eriod of one y ear or more and/the cost of works is rup ees one lakh or more.

55. Pro visions of payments of Wages Act:- The Contractor shall comp ly

with the p rovisions of the Pay ment of Wages Act, 1936 and the rules made thereunder in resp ect of all emp loy ees directly or through p etty contractors or sub-contractors emp loy ed by him in the works. If in comp liance with the terms of the contract, the Contractor directly or through p etty contractors or sub-contractors shall supp ly any



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labour to be used wholly or p artly under the direct orders and control of the En gineer

whether in connection with the works to be executed her eunder or otherwise for the p urp ose of the Engineer such labour shall never the less be deemed to comp rise p ersons emp loy ed by the contractor and any money s which may be ordered to be p aid by the Engineer shall be deemed to be money s p ay able by the Engineer on behalf of the Contractor and the Engineer may on failure of the Contractor to rep ay such money to the Railway s deduct the same from any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to deduct from any money s due to the contractor (whether under this contract or any other contract) all money s p aid or p ay able by the Railway by way of comp ensation of aforesaid or for costs of exp enses in connection with any claim thereto and the decision of the Engineer up on any question arising out of the effect or force of this clause shall be f inal and bindin g up on the Contractor.

55-A (1) Pro visions of Contract labour (Regulation and Abolition) Act,

1970 - (1) The Contractor shall comp ly with the p rovision of the contract labour (Regu lation and Abolition) Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to time, wherever ap p licable and shall also indemn ify the Railway from and against any claims under the aforesaid Act and the Rules.

(2) The Contractor shall obtain a valid licence under the aforesaid Act as

modified from time to time befor e the commencement of the work and continue to have a v alid licence until the comp letion of the work. Any failure to fulfil the requirement shall attract the p enal p rovision of the Contract arising out of the resultant non-execution of the work.

(3) The Contractor shall p ay to the labour emp loy ed by him directly or

through subcontractors the wages as p er p rovision of the aforesaid Act and the Rules wherever ap p licable. The Contractor shall notwithstanding the p rovisions of the contract to the contrary , cause to be p aid the wages to labour ind irectly en gaged on the works includin g any en gaged by subcontractors in conn ection with the said work, as if the labour had been immediately emp loy ed by him.

(4) In resp ect of all labour d irectly or indirectly emp loy ed in the work for p

erformance of the contractor's p art of, the contract, the Contractor shall comp ly with or cause to be comp lied with the p rovisions of the aforesaid Act and Rules wherever app licable.

(5) In every case in which, by virtue of the p rovisions of the aforesaid Act or

the Rules, the Railway is obliged to p ay any amount of wages to a workman emp loy ed by the Contractor or his sub contractor in execution of the work or to incur any exp enditure on account of the Contingent, liability of the Railway due to the contractor's failure to fulfil his statutory obligations under the aforesaid Act or the rules the Railway will r ecover from the Contractor, the amount of wages so p aid or the amount of exp enditure so in curred, and without p rejudice to the rights of the Railway under the section 20, sub-section (2) and section 2, sub-section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or p art thereof by deducting it from the security dep osit and/or from any sum due by the Railway to the contractor whether under the contract or otherwise. The Railway shall not be



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bound to contest any claim mad e against it under sub-section (1) of section 20 and sub-section (4) of section 21 of the aforesaid Act excep t on the written request of the Contractor and up on his givin g to the R ailway full secur ity for all costs for which the

Railway might become liable in contesting such claim. The decision of the Railway regardin g the amount actually recover able fro m the contractor as stated above, shall be final and bindin g on the Contractor.

56. Reporting of Accidents to Labour:- The Contractor shall be resp onsible

for the safety of all emp loy ees directly or through p etty contractors or sub-contractor emp loy ed by him on the works and shall rep ort serious accid ents to any of them however and wherever occurr in g on the works to the Engineer or the En gineers Rep resentative and shall make every arran gements to render all p ossible assistance,

57. Provision of Workmens Compensation Act:- In every case in which by

virtue of the p rovisions of Section 12 Sub-section (1) of the Workmen's Comp ensation Act 1923, Railway is obliged to p ay comp ensation to a workman directly or through p etty contractor or subcontractor emp loy ed by the Contractor in executin g the work, Railway will recover from the Contractor the amount of the comp ensation so p aid, and, without p rejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act, Railway shall b e at liberty to recover such amount or any p art thereof by deducting it from the security dep osit or from any sum due by Railway to the Contractor whether under these conditions or otherwise, R ailway shall not be bound to contest any claim mad e against it under Section 12 Sub-section (1) of the said Act excep t on the written request of the Contractor and up on his giv in g to Railway full secur ity for all costs for which Railway might beco me liab le in consequence of contesting such claim.

57-A. Pro vision of Mines Act:- The Contractor shall observe and p erform all

the p rovisions of the M ines Act, 1952 or any statutory modifications or re-enactment thereof for the time bein g in force and any rules and regulations made thereunder in resp ect of all the p ersons directly or through the p etty contractors or sub-contractors emp loy ed by him under this contract and shall indemnify the Railway from and against any claims under the M ines Act, or the rules and regulations framed thereunder, by or on behalf of any p ersons emp loy ed by him or otherwise.

58. Railway not to pro vide quarters for Contractors:- No quarters shall

normally be p rovided by the Railway for the accommodation of the Contractor or any of his staff emp loy ed on the work. In excep tional cases where acco mmodation is p rovided to the Contractor at the Railway 's discretion, recoveries shall be made at such rates as may be fixed by the Railway for the fu ll r ent of the buildin gs and equip ments therein as well as char ges for electric current, water supp ly and conservancy .

59. (1) La bour Camps:- The Contractor shall at his own exp ense make

adequate arran gements for the housing, supp ly of drinking water and p rovision of latrines and urinals for his staff and workmen, directly or through the p etty contractors or sub-contractors and for temp orary creche (Bal- mandir) where 50 or more women are emp loy ed at a time. Suitable sites on Railway land, if av ailable, may be allotted to the Contractor for the erection of labour camp s, either free of char ge or on such terms and conditions that may be p rescribed by the Railway . All camp sites shall be



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maintained in clean and san itary conditions by the Contractor at his own cost.

(2) Compliance to rules for employment of labour:- The Contractor(s) shall conform to all laws, by e-laws rules and regulations for the time bein g in force p ertaining to the emp loy ment of local or imp orted labour and shall take all necessary

p recautions to ensure and p reserve the health and saf ety of all staff emp loy ed directly or through p etty Contractors or Sub-Contractors on the works.

(3) Preservation of peace :- The Contractor shall take r equisite p recautions

and use his best endeavours to prevent any riotous or unlawful behaviour by or amon gst his workmen and other emp loy ed directly or through the p etty contractors or sub-contractors on the works and for the p reservation of p eace and p rotection of the inhabitants and security of p rop erty in the neighbourhood of the works. In the event of the Railway requirin g the maintenance of a sp ecial Police Force at or in the vicinity of the site during the tenure of works, the exp enses thereof shall be born e by the Contractor and if p aid by the Railway shall be recover able fro m the Contractor.

(4) S anitary arrangements:- The Contractor shall obey all sanitary rules and

carry out all sanitary measures that may from time to time be p rescribed by the Railway medical Authority and p ermit insp ection of all san itary arrangements at all times by the Engineer, the Engineer 's Rep resentative or the M edical Staff of the Railway . Shou ld the Contractor fail to make the adequ ate sanitary arrangements, these will be p rovided by the Railway and the cost therefor recovered from the Contractor.

(5) Outbreak of infectious disease:- The Contractor shall remove from his

camp such labour and their f amilies as r efuse p rotective inoculation and vaccin ation when called up on to do so by the Engin eer or the En gineer 's Rep resentative on the advice of the Railway , M edical Authroity . Should Cholera, p lague, or other infectious disease break out, the Contractor shall burn the huts, beddings, clothes and other belon gin gs of or used by the infected p arties and p romp tly erect new huts on healthy sites as required by the Engineer, failin g which within the time sp ecified in the Engineer's r equisition, the work may be don e by the Railway and the cost therefor recovered fro m the Contractor.

(6) Treatment of Contractor's staff in Railway Hospitals:- The Contractor

and his staff, other than labourers and their families r equirin g med ical aid from the Railway Hosp ital and d isp ensaries will be treated as p rivate p atients and char ged accordin gly . The Contractors' labourers and their Families will be granted free treatment in Railway Hosp itals and disp ensaries where no other Hosp itals or disp ensaries are availab le p rovided the Contractor p ay s the cost of medicin es, dressing and diet mon ey accordin g to the normal scale and additional char ges for sp ecial examinations such as p athological and bacterio lo gical examin ation, X-Ray , etc., and for surgical op eration.

(7) Medical facilities at site:- The Contractor shall p rovide med ical facilities

at the site as may be p rescribed by the Engin eer on the advice of the Railway M edical Authority in relation to the strength of the Contractor's resident staff and workmen.

(8) Use of intoxicants:- The sale of ardent sp irits or other intoxicating



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beverages up on the work or in any of the buildin gs, encamp ments or tenements owned, occup ied by or within the control of the Contractor or any of his emp loy ees shall be forbidden and the Contractor shall exercise his influence and authority to the utmost extent to secure strict comp liance with this condition.

(9) Non-employment of female labour:- The Contractor shall see that the emp loy ment of female labour on in Cantonment areas, p articularly in the neighbourhood of soldiers barr acks, should be avo ided as far as p ossible.

(10) Restrictions on the employment of retired Engineers of Railway

services within two years of their retirement:- The Contractor shall not, if he is a retired Government En gin eer of Gazetted rank, himself en gage in or emp loy or associate a retired Government En gineer of Gazetted rank, who has not comp leted two y ears from the date of retirement, in connection with this contract in any manner whatsoever without obtaining p rior p ermission of the President and if the Contractor is found to have contravened this p rovision it will constitute a breach of contract and administration will be entitled to terminate the contract at the risk and cost of the contractor and forfeit his security dep osit.

60. (1) Non-employment of labourers below the age of 15:- The Contractor

shall not emp loy children below the age of 15 as labour ers directly or through p etty contractors or sub-contractors for the execution of work.

(2) Medical Certificate of fitness for labour:- It is agr eed that the contractor

shall not emp loy a p erson above 15 and below 19 y ears of age for the p urp ose of execution of work under the contract unless a medical certificate of fitness in the p rescribed form (Proforma at Annexure II) granted to him by a certify ing surgeon certify ing that he is fit to work as an adults is obtained and kep t in the custody of the contractor or a p erson nominated by him in this behalf and the p erson carries with him, while at work; a token givin g a refer ence to such certificate. It is further agreed that the resp onsibility for having the adolescent examin ed med ically at the time of app ointment or p eriodically till he attains the age of 19 y ears shall d evolve entirely on the contractor and all the exp enses to be incurr ed on this account shall b e borne by him and no fee shall be char ged from the ado lescent or h is p arent for such medical examin ation.

(3) Period of validity of medical fitness certificate:- A certificate of fitness

granted or renewed for the above said p urp oses shall be valid on ly for a p eriod of one y ear at a time. The certify ing surgeon shall revok e a certificate granted or renewed if in his op inion the holder of it is, no longer fit for work in the cap acity stated therein. Where a certify ing surgeon refuses to grant or renew a certificate or revoke a certificate, he shall, if so requ ired by the p erson concerned, state his reasons in writing for doing so.

(4) Medical re-examination of labourer:- Where any official app ointed in

this behalf by the M inistry of labour is of the op inion that any p erson emp loy ed in connection with the execution of any work under this contract in the age group 15 to 19 y ears is without a certificate of f itness or is havin g a certificate of fitness but no longer fit to work in the cap acity stated in the certificate, he may serve on the Contractor, or on the p erson nominated by him in this regard, a notice requir in g that such p ersons shall be examin ed by a certify ing sur geon and such p erson shall not if



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the concerned official so dir ects, be emp loy ed or p ermitted to do any work under this contract unless he has been med ically examin ed and certified that he has been gr anted a certificate of fitness or a fresh certificate of fitness, as the case may be.

EX PLA NA TIONS:

(1) Only qualified medical p ractitioners can be ap p ointed as "Certify ing Sur geons" and the term "Qualified M edical Practitioners" means a p erson holdin g a qualification granted by an authority sp ecified in the Schedu le to the Indian M edical Degrees Act, 1916 (VII to 1916) or in the Schedule to the Indian M edical Council Act, 1933 (XXVII) of 1933.

(2) The Certify ing surgeon may be a medical officer in the service of State or

M unicip al Corp oration.

DETER MI NA TIO N OF CONTRAC T

61. (1) Right of Railway to determine the contract:- The Railway shall be entitled to determine and termin ate the contract at any time should, in the Railway 's op inion, the cessation of work becomes necessary owing to p aucity of funds or from any other cause whatever, in which case the value of ap p roved materials at site and of work done to date by the Contractor will be p aid for in full at the rate sp ecified in the contract. Notice in writin g fro m the R ailway of such determination and the r easons therefor shall be con clusive eviden ce thereof.

(2) Payment on determination of contract:- Shou ld the contract be

determined under sub caluse (1) of this clause and the Contractor claims p ay ment for exp enditure incurred by him in the exp ectation of comp leting the whole of the work, the Railway s shall admit and consider such claims as are deemed reasonab le and are supp orted by vouchers to the satisfaction of the Engineer. The Railway 's decision on the necessity and p rop riety of such exp enditure shall be final and con clusive.

(3) The Contractor shall have no claim to any p ay ment of comp ensation or

otherwise, howsoever on account of any p rofit or advantage which h e might have derived fro m the execution of the work in full but which h e did not der ive in consequence of d etermination of contract.

62(1) Determination of contract o wing to default of contractor:- If the

Contractor should :-

(i) Becomes bankrup t or insolvent, or

(ii) make an arran gement with of assignment in favour of his creditors, or agr ee to carry out the contract under a Committee of Insp ection of his creditors, or

(iii) bein g a Comp any or Corp oration, go into liquidation (other than a

voluntary liquidation for the p urp oses of amalgamation or reconstruction), or

(iv) have an execution lev ied on his goods or p rop erty on the works, or



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(v) assign the contract or any p art thereof otherwise than as p rovided in

Clause 7 of these conditions, or·

(vi) abandon the contract, or

(vii) p ersistently disregard the instructions of the Engin eer, or contravene any p rovision of the contract, or

(vii) fail to adh ere to the agr eed p rogr amme of work by a mar gin of 10% of

the stip ulated p eriod, or

(viii) fail to remove materials from the site or to p ull down and rep lace work after receivin g from the En gineer notice to the effect that ·the said materials or works hav e been condemned or rejected under clause 25 and 27 of these conditions, or

(x) fail to take step s to emp loy comp etent or additional staff and labour as

required under clause 26 of the cond itions, or

(xi) fail to afford the En gineer or En gineer 's rep resentative p rop er facilities for insp ecting the works or any p art thereof as required under clause 28 of the conditions, or

(xii) p romise, offer or give any bribe, commission, gift or advantage either

himself or through h is p artner, agent or servant to any officer or emp loy ee of the Railway or to any p erson on his or on their behalf in relation to the execution of this or any other contract with this Railway .

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

and submitted by the Contractor, being a p artnership firm admit as one of its p artners or emp loy under it or being an incorp orated comp any elect or nomin ate or allow to act as one of its directors or emp loy under it in any cap acity whatsoever any retired engineer of the gazetted rank or any other retired gazetted officer working before his retirement, whether in the executive or ad ministrative cap acity , or whether holding any p ensionable p ost or not, in the Engineerin g Dep artment of the Railway s for the time being owned and admin istered by the President of India befor e the exp iry of two y ears from the date of retirement from the said serv ice of such En gineer or Officer un less such En gineer or Officer has obtained p ermission from the President of India or any officer duly authorized by him in this behalf to become a p artner or a director or to take emp loy ment under the contract as the case may be, or

(B) Fail to giv e at the time .of submitting the said tender:-

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

engineer or retired officer from the said service, or as to whether any such retired en gineer or retired off icer was under the emp loy ment of



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

(b) the correct information as to such engineers or officers obtaining p ermission to take emp loy ment under the Contractor, or

(c) bein g a p artnership firm, the correct information as to, whether any of

its p artners was such a retired en gineer or a retired off icer, or

(d) bein g in incorp orated comp any , correct information as to whether any of its directors was such a retired engin eer or a r etired officer, or

(e) bein g such a retired en gineer or r etired officer supp ress and not

disclose at the time of submitting the said tender the fact of his being such a retired engin eer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his obtaining p ermission to take the contract or if the Contractor be a p artnership firm or an in corp orated comp any to be a p artner or director of such firm or comp any as the case may be or to seek emp loy ment under the Contractor,

then and in any of the said cases, the Engineer on behalf of the Railway may

serve the Contractor with a notice (Proforma at Annexure III) in writing to that effect and if the Contractor does not within seven day s after the delivery to him of such notice p roceed to make good his defau lt in so far as the same is cap able of bein g made good and carry on the work or comp ly with such directions as aforesaid of the entire satisfaction of the En gin eer, the R ailway shall be entitled after givin g 48 hours notice (p roforma at Annexure I V) in writin g und er the hand of the En gineer to rescind the contract as a whole or in p art or p arts (as may be sp ecified in such notice) and after exp iry of 48 hours notice, a final termin ation notice (p roforma at Annexure (V) should be issued.

62.(2) Right of Railway after, rescission of contract owing to default of

Contractor: In the event of any or several of the courses, referr ed to in sub-clause (1) of this clause, bein g adop ted:-

(a) the Contractor shall have no claim to comp ensation for any loss

sustained by him by reason of his having p urchased or p rocured any materials or entered into any commitments or made any advances on account of or with a view to the execution of the works or the p erformance of the contract and Contractor shall not be entitled to recover or be p aid any sum for any work thereto for actually p erformed under the contract unless and until the Engineer shall hav e certified the p erformance of such work and the value p ay able in resp ect thereof and the Contractor shall only be entitled to be p aid the valu e so certified.

(b) the Engin eer or the En gineer's Rep resentative shall be entitled

to take p ossession of any materials, tools, imp lements, machin ery and buildin gs on the works or on the p rop erty on which these are bein g or ou ght to have b een executed, and to



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retain and emp loy the same in the further execution of the works or any p art thereof until the comp letion of the works without the Contractor being entitled to any comp ensation for the use and emp loy ment thereof or for wear and tear or destruction thereof.

(c) the Engineer shall as soon as may be p racticable after removal

of the Contractor fix and determine ex-p arte or by or after reference to the p arties or after such investigation or enquiries

as he may consider fit to mak e or institute and shall certify what amount (if any ) had at the time of rescission of the contract been reasonably earned by or would reasonab ly accrue to the Contractor in resp ect of the work then actually done by him under the contract and what was the value of any unused, or p artially used materials, any constructional p lant and any temp orary works up on the site. The legitimate amount due to the contractor after makin g necessary deductions and certified by the Engin eer should be r eleased exp editiously .

SETTLEMENT OF DISPUTES – INDIA N RAILWAY

ARBITR A TION R ULES

63. Matters finally determined by the Railway – All d isp utes and differences of any kind whatsoever arisin g out of or in conn ection with the contract, whether durin g the p rogress of the work or after its comp letion and whether before or after the determination of the contract, shall be referr ed by the contractor to the GM and the GM shall within 120 day s after receip t of the contractor’s rep resentation make and notify decisions on all matters referred to by the contractor in writing p rovided that matters for which p rovision has been made in clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) to (xiii) (B) of General Conditions of contract or in any clause of the sp ecial cond itions of the contract shall be deemed as ‘excep ted matters’ (matters not arbitrable) and decisions of the Railway authority , thereon shall be final and bindin g on the contractor; p rovided further that ‘excep ted matters’ shall stand sp ecifically excluded from the p urview of the arbitration clause.

64 (1) (i) - Demand for Arbitration

In the event of any disp ute or difference between the p arties hereto as to the construction or op eration of this contract, or the resp ective rights and liab ilities of the p arties on any matter in question, disp ute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a d ecision within 120 day s, then and in any such case, but excep t in any of the “excepted matters” referred to in C lause 63 of these conditions, the contractor, after 120 day s but within 180 day s of his p resenting his final claim on disp uted matters shall demand in writin g that the disp ute or difference be ref erred to arbitration.

64 (1) (ii) - The demand for arbitration shall sp ecify the matters which are in question,



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or subject of the d isp ute or difference as also the amount of claim item wise. Only such disp ute(s) or difference(s) in resp ect of which the demand has been made, together with counter claims or set off, giv en by the Railway , shall be referred to arbitration and other matters shall not be included in the ref erence.

64 (1) (ii) - (a) The Arbitration p roceedin gs shall be assumed to have commenced from the day , a written and valid demand for arb itration is receiv ed by the Railway .

(b) The claimant shall submit his claim stating the facts supp orting the

claims alon g with all the relevant documents and the relief or remedy sought against

each claim within a p eriod of 30 day s from the date of ap p ointment of the Arbitral Tribunal.

(c) The Railway shall submit its defen ce statement and counter claim(s),

if any , within a p eriod of 60 day s of receip t of copy of claims fro m Tribunal thereafter, unless otherwise extension has been gr anted by Tribunal.

(d) The p lace of arb itration would be within the geo grap hical limits of

the Division of the Railway where the cause of action arose or the Headquarters of the concerned R ailway or any other p lace with the written consent of both the p arties.

64 (1) (iii) - No new claim shall be added dur in g p roceedin gs by either p arty . However, a p arty may amend or supp lement the original claim or def ence thereof during the course of arbitration p roceedin gs subject to accep tance by Tribunal havin g due regard to the delay in makin g it.

64 (1) (iv) - If the contractor(s) does/do not p refer his/their sp ecific and final claims in writing, within a p eriod of 90 day s of receiv in g the intimation from the Railway s that the final bill is ready for p ay ment, he/they will be deemed to have waived his/their claim(s) and the Railway shall be dischar ged and released of all liabilities under the contract in resp ect of these claims.

64 (2) - Obligation During Pendancy of Arbitration - Work under the contract shall, unless otherwise directed by the Engineer, continue durin g the arbitration p roceedings, and no p ay ment due or p ay able by the Railway shall be withheld on account of such p roceedin gs, p rovided, however, it shall be op en for Arbitral Tribunal to consider and d ecid e whether or not such work should continue durin g arbitration p roceedings. 64 (3) (a) (i) - In cases where the total value of all claims in question added together does not exceed Rs.10,00,000/- (Rup ees ten lakhs only ), the Arbitral tribunal shall consist of a sole arbitrator who shall b e a gazetted officer of Railway not below JA grad e, nominated by the General M anager. The sole arbitrator shall be app ointed within 60 day s from the day when a written and valid demand for arbitration is receiv ed by GM .

64 (3) (a) (ii) - In cases not covered by the clause 64(3) (a)(i), the Arbitral Tribunal shall consist of a Panel of three Gazetted Rly . Officers not below JA grad e or 2 Railway Gazetted Officers not below JA Grade and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this p urp ose, the Railway will send a p anel of more than 3 names of Gazetted Rly . Officers of one or more



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dep artments of the Rly . which may also includ e the name(s) of retired R ailway Officer(s) emp anelled to work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand for arbitration is received by the GM. Contractor will be asked to suggest to General M anager at least 2 names out of the p anel for ap p ointment as contractor’s nominee within 30 day s from the date of disp atch of the request by Railway . The General M anager shall ap p oint at least one out of them as the contractor’s nominee and will, also simu ltaneously app oint the balance number of arbitrators either from the p anel or from outside the p anel, duly indicatin g the ‘p residing arbitrator’ from amon gst the 3 arbitrators so app ointed. GM shall comp lete this exercise of ap p ointing the Arbitral Tribunal within 30 day s from the receip t of the names of contractor’s nominees. Wh ile nomin ating the arb itrators it will be necessary to ensure that one of them is from the Accounts dep artment. An

officer of Selection Grad e of the Accounts Dep artment shall be consid ered of equal status to the officers in SA gr ade of other dep artments of the Railway for the p urp ose of app ointment of arbitrator.

64 (3) (a) (iii) - If one or more of the arbitrators app ointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or vacates his/their off ice/offices or is/are un able or unwillin g to p erform his fun ctions as arbitrator for any reason whatsoever or dies or in the op inion of the General M anager f ails to act without undue delay , the General M anager shall ap p oint new arbitrator/arbitrators to act in his/their p lace in the same manner in which the earlier arb itrator/arbitrators had been app ointed. Such re-constituted Tribunal may , at its discretion, p roceed with the reference from the stage at which it was left by the p revious arbitrator (s).

64 (3) (a) (iv) - The arb itral Tribunal shall h ave p ower to call for such evid ence by way of affidavits or otherwise as the Arbitral Tribunal shall think p rop er, and it shall be the duty of the p arties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay . The Arbitral Tribunal should record day to-day p roceedin gs. The p roceedin gs shall normally be conducted on the basis of documents and written statements.

64 (3) (a) (v) - While ap p ointing arbitrator(s) under sub-clause (i), (ii) & (iii) above, due car e shall be taken that he/they is/are not the one/those who had an op p ortunity to deal with the matters to which the contract relates or who in the course of his/their duties as Railway servant(s) exp ressed views on all or any of the matters under disp ute or differences. The p roceedin gs of the Arbitral Tribunal or the award made by such Tribunal will, howev er, not be inv alid mer ely for the r eason that one or more arbitrator had, in the course of his service, opp ortunity to deal with the matters to which the contract relates or who in the course of his/their duties exp ressed views on all or any of the matters under disp ute.

64 (3) (b) (i) - The arbitral award shall state item wise, the sum and reasons up on which it is based. The analy sis and reasons shall be detailed enou gh so that the award could be inf erred there from.

64 (3) (b) (ii) - A p arty may app ly for corrections of any comp utational errors, any typ ograp hical or clerical errors or any other error of similar n ature occurr in g in the award and interp retation of a sp ecific p oint of award to tribunal within 60 day s of receip t of the award.



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64 (3) (b) (iii) - A p arty may app ly to tribunal within 60 day s of receipt of award to make an additional award as to claims p resented in the arbitral p roceedings but omitted from the arbitral award.

64(4) In case of the Tribunal, comp rising of three M embers, any ruling or award shall be mad e by a majority of M embers of Tribunal. In the absence of such a majority , the views of the Presiding Arbitrator shall p revail.

64(5) Where the arbitral award is for the p ay ment of money , no interest shall be p ay able on whole or any p art of the money for any p eriod till the date on which the award is made.

64(6) The cost of arbitration shall be borne by the resp ective p arties. The cost shall inter-alia in clude f ee of the arbitrator(s), as p er the rates fixed by the Railway Board from time to time and the fee shall be borne equally by both the p arties. Further, the fee p ay able to the arbitrator(s) would be gov erned by the instructions issued on the subject by Railway Board from time to time irresp ective of the fact whether the arbitrator(s) is/ are ap p ointed by the Railway Administration or by the court of law unless sp ecifically directed by Hon’ble court otherwise on the matter.

64(7): Subject to the p rovisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules there under and any statutory modifications thereof shall app ly to the arbitration p roceedings under this clause.



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ANNEXURE I REGIS TERED ACKNOWLEDGEMENT DUE

Dated : ……………………………….. ………………………………..

Sub. (i) ............................................................................................ (name of work).

……………………………………………………………………………. (ii) Accep tance letter No..................... ……………………………………….

(iii)Understandin g/A greement No.. ........................................... ........... …………………………………………………………………………….

Ref.: ....................................……….Quote sp ecific ap p lication of Contractor for extension to the date receiv ed)............................ ............................ ...................

Dear Sir,

The stip ulated date for comp letion of .the work mentioned above is.......................................from the p rogress made so far and the p resent rate of p rogress, it is unlikely that the work will be comp leted by the above date (or However, the work was not comp leted on this date).

2. Exp ectin g that y ou may be able to comp lete the work, if some more time is giv en, the comp etent authority , although not bound to do so, hereby extends the time for comp letion from.................................……………………………………………….

3. Please note that an amount equal to the liquidated damages for delay in the

comp letion· of the work after the exp iry of............................................(give here the stip ulated date for comp letion with/without any p enalty fixed earlier) will be recovered fro m y ou as mentioned in clause, 17(4) of the General Conditions of Contract for the extended p eriod, notwithstanding the grant of this extension. You may p roceed with the work accordin gly .

4. The above extension of the comp letion date will also be subject to the further condition that no increase in rates on any account will be p ay able to y ou.

5. Please intimate within a week of the receip t of this letter y our accep tance of the extension of the conditions stated above.

6. Please note that in the event of y our declinin g to accep t the extension on the above said cond itions or in the event of y our failure after accep ting or actin g up to this extension to comp lete the work by ............................ (here mention the extended date, further action will be taken in terms of clause 62 of the General Conditions of Contract.

Yours faithfully ,

For and on behalf of the President of India



Page 111 of 114

ANNEXURE- II CERT IFICAT E OF FITN ESS

1. (a) Serial Number………………. Ser ial Numb er…………………….

(b) Date……….. Date:……..

2. Name of p erson examined…………….... I certify that I have p ersonally examined

(name)…………………………………………….

3. Father’s Name ………………… son/daughter of ………

…………………………………... residin g at ……………

4. Sex ……

5. Residence …………….

6. Date of birth if, availab le, and /or certified age ..….…………………

……………………………………

7. Physical fitness…………

8. Identification marks ……….

………………………

9. Reasons for:

(a) refusal to grant certificate, or

(b) revoking the Certificate …………

Who is desirous of bein g emp loy ed in a factory or on a work requirin g manual labour and that is / her age as nearly as can be ascertained from my examination, is …… y ears and

that he/she is fit for emp loy ment in a

factory or on a work requiring manual labour as an adult/child.

His/her identification marks are ..

………………………………

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

Signature or left hand thumb Imp ression of the person examined

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

Signature of certifying Surgeon

Note: In case of p hysical disability , the exact details of the cause of the p hysical disability should be clear ly stated.

Signature or left hand thumb Imp ression of the person Examine

--------------------- Initials

Signature of certifying Surgeon



ANNNEXURE III REGIS

TERED POS T A.D. …………………… RAILWAY

To

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

Sir,

Contract Agreement No………………………………………………… In connection with …………………………..

Inspite of repeated instructions to y ou by the subordinate offices as well as by

this office in various letters of even No………. dated……. y ou have failed to start work/show adequate p rogress and/or submit detailed p rogramme for completing the work.

2. Your attention is invited to this office/Chief En gineer’s office letter No……….. dated………… in reference to y our rep resentation dated……

3. As y ou have failed to abid e by the instructions issued to commence the work/to show adequate p rogress of work you are hereby given 7 day s notice in accordan ce with clause 62 / General Conditions of contract to commence works to make good the p rogress, failin g which further action as p rovided in clause 62 of the General Conditions of Contract viz. to terminate y our Contract and comp lete the work at y our risk and cost will be taken.

Kindly acknowledge receip t.

Yours faithfully ,


\

RDSO/SD/GT/EMI – EMC/01


Page 113 of 114

ANNNEXURE IV REGIS TERED POS T A.D.

…………………… RAILWAY To

M /s………………………………. …………………………………….

Dear Sir,

Contract Agreement No………………………………………………… In connection with …………………………..

Seven day s notice under clause 62 of General Conditions of Contract was giv en

to y ou under this office letter of even Number dated……. but y ou have taken no action to commence the work/show adequate p rogress of the work.

2. You ar e hereby given 48 hours notice in terms of clause 62 of Gen eral Conditions of Contract and on exp iry of this p eriod y our above contract will stand rescinded and the work under this contract will be carried out at y our risk and cost and consequences which may p lease be noted.

Kindly acknowledge receip t.

Yours faithfully ,


RDSO/SD/GT/EMI – EMC/01


Page 114 of 114

A NNNEXUR E V

REGISTERED POS T A.D.

…………………… RAILWAY

( without Prejudice ) Dated ………………. No.

………………………………..

To

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

Contract Agreement No………………………………………………………. In connection with

…………………………………………………………….. Dear Sir,

Forty eight hours (48 hrs.) notice was given to y ou under this office letter of even Number dated…………., but y ou have taken no action to commence the work/show adequate p rogress of the work.

Since the p eriod of 48 hours notice has already exp ired, the above contract

stands rescinded in terms of clause 62 of Gen eral Cond itions of Contract and the work under this contract will be carried out at y our risk and cost.

Please acknowledge receip t.

Yours faithfully ,


Consultancy on EMI/EMC analysis and study for Indian

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Transcript of Consultancy on EMI/EMC analysis and study for Indian