nf{k.k iwoZ jsyos ;kWaf=d foHkkx vknzk e file5 Instruction to Tenderers & Conditions of Contract 6...

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Page 1 of 24 Signature of the Tenderer(s) nf{k.k iwoZ jsyos nf{k.k iwoZ jsyos nf{k.k iwoZ jsyos nf{k.k iwoZ jsyos ;kWaf=d foHkkx ;kWaf=d foHkkx ;kWaf=d foHkkx ;kWaf=d foHkkx vknzk e.My/ADRA Division fufonk lwpuk la[;k/ Tender Notice No. : M/716/Welder/ BKSC/NIT/15-17/1, fnukad&24/07/2015 dk;Z dk fooj.k Name of work : : lh-,aM-MCY;q@oskdkjsk esa iS uy vkSj Qys kj osfYMax dk dke vkSj vU; bZysfDV~ d vkdZ osfYMax lg xsl dkVus dh xfrfof/k;ksa dk vkmVlskflZax A Outsourcing of Panel & Floor welding work and other electric arc welding cum gas cutting activities at C&W/BKSC. dk;Z dk ewY; / Value of Work : 45,88,378/- (Rupees Forty Five lakh Eighty Eight thousand Three hundred Seventy Eight) c;kuk jkf”k / Earnest Money : 91,770/- (Rupees Ninety One Thousand Seven Hundred Seventy only) fufonk nLrkost dk ewY; / Cost of Tender document : 3000/- + 420/- (S.Tax @14%)= 3420/-(Rupees Three thousand Four Hundred Twenty) fufonk ds oan dh rkjh[k / Date of closing of tender : At 12:00 hrs. on 31.08.2015 fufonk [kqyus dh rkjh[k / Date of opening of tender : At 15:00 hrs. on 31.08.2015 fufonk [kqyus dh LFkku / Place of opening of tender : At the office of Sr.DME/ADRA fufonkdkj dk uke o iwjk irk Name & address of the tenderer: ------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- fufonk nLrkost (TENDER DOCUMENT)

Transcript of nf{k.k iwoZ jsyos ;kWaf=d foHkkx vknzk e file5 Instruction to Tenderers & Conditions of Contract 6...

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Signature of the Tenderer(s)

nf{k.k iwoZ jsyosnf{k.k iwoZ jsyosnf{k.k iwoZ jsyosnf{k.k iwoZ jsyos

;kWaf=d foHkkx;kWaf=d foHkkx;kWaf=d foHkkx;kWaf=d foHkkx

vknzk e.My/ADRA Division

fufonk lwpuk la[;k/ Tender Notice No.

: M/716/Welder/ BKSC/NIT/15-17/1, fnukad&24/07/2015

dk;Z dk fooj.k

Name of work

: :

lh-,aM-MCY;q@oskdkjsk esa iSuy vkSj Qyskj osfYMax dk dke vkSj vU; bZysfDV~d vkdZ osfYMax lg xsl dkVus dh xfrfof/k;ksa dk vkmVlskflZax A Outsourcing of Panel & Floor welding work and other electric arc welding cum gas cutting activities at

C&W/BKSC.

dk;Z dk ewY; / Value of Work

: 45,88,378/- (Rupees Forty Five lakh Eighty Eight thousand Three hundred Seventy Eight)

c;kuk jkf”k / Earnest Money

: 91,770/- (Rupees Ninety One Thousand Seven Hundred Seventy only)

fufonk nLrkost dk ewY; / Cost of Tender document

: 3000/- + 420/- (S.Tax @14%)= 3420/-(Rupees Three thousand Four Hundred Twenty)

fufonk ds oan dh rkjh[k / Date of closing of tender

: At 12:00 hrs. on 31.08.2015

fufonk [kqyus dh rkjh[k / Date of opening of tender

: At 15:00 hrs. on 31.08.2015

fufonk [kqyus dh LFkku / Place of opening of tender

: At the office of Sr.DME/ADRA

fufonkdkj dk uke o iwjk irk Name & address of the tenderer:

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

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

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

fufonk nLrkost (TENDER DOCUMENT)

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Signature of the Tenderer(s)

Lkwfpi=Lkwfpi=Lkwfpi=Lkwfpi= INDEX

Sr.

No. Details of documents enclosed

Page Number

From To

1 Front Page 1 1

2 Index 2 2

3 Tender Notice (Annexure – I) 3 4

4 Declaration form (Annexure – II) 5 5

5 Instruction to Tenderers & Conditions of Contract 6 13

6 Scope of work and other terms & conditions of contract

(Annexure – III) 14 18

7 Work register format (Annexure-IV) 19 19

7 Vender Mandate Form (Annexure – V) 20 20

8 Acceptance / Deviation Schedule (Annexure – VI) 21 21

9 Rate Sheet (Annexure – VII) 22 22

10 Schedule of Rate (Annexure – VIII) 23 23

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Signature of the Tenderer(s)

Annexure-I TENDER NOTICE

1. lh-,aM-MCY;q@oskdkjsk esa iSuy vkSj Qyskj osfYMax dk dke vkSj vU; bZysfDV~d vkdZ osfYMax lg xsl dkVus dh xfrfof/k;ksa dk vkmVlskflZax ds fy, e.My jsy izcU/kd (;kWaf=d)] n0 iw0 jsyos/vknzk] fufonk la[;k- M/716/Welder/BKSC/NIT/15-17/1, fnukad&24/07/2015 ds vUrxZr eqgjcUn [kqyh fufonk vkeaf=r djrs gSa A

The Divl. Rly. Manager(Mech)/S.E.Railway/Adra invites sealed open tender vide tender notice no.

M/716/Welder/BKSC/NIT/15-17/1, fnukad&24/07/2015 for “Outsourcing of Panel & Floor welding

work and other electric arc welding cum gas cutting activities at C&W/BKSC”.

****

3. The tender should be in the prescribed form obtainable from the office of the Sr.Divl.Mech.Engineer/S.E. Rly/Adra on production of receipt of the said amount towards the cost of tender form for each set from the Divl. Cashier/Adra or Chief Booking Supervisor/ B.S.City.

Tenderer(s) can also download the tender documents from the NIC website i.e. www.tenders.gov.in from 31.07.2015 and up-to 17:00 hrs on 30.08.2015. This facility is available free of cost. However, as cost of tender form, the tenderer/s will have to deposit non-refundable demand draft in favour of FA & CAO, S.E. Railway, Garden Reach, Kolkata-43 or Divl. Cashier/Adra for the said amounts per set (Cost of tender form as mentioned) which will have to attach with the tender form otherwise the tender form will be summarily rejected.

dk;Z dk fooj.k

(Name of work)

: lh-,aM-MCY;q@oskdkjsk esa iSuy vkSj Qyskj osfYMax dk dke vkSj vU; bZysfDV~d vkdZ osfYMax lg xsl dkVus dh xfrfof/k;ksa dk vkmVlskflZax A Outsourcing of Panel & Floor welding work and other

electric arc welding cum gas cutting activities at

C&W/BKSC.

fufonk nLrkost ewY; (Cost of Tender document)

: 3000/- + 420/- (S.Tax @14%)= 3420/-(Rupees

Three thousand Four Hundred Twenty)

dk;Z dk vuqekfur ykxr (Approximate value of work)

: 45,88,378/- (Rupees Forty Five lakh Eighty Eight thousand Three hundred Seventy Eight)

c;kuk jkf”k (Earnest money)

: 91,770/- (Rupees Ninety One Thousand Seven Hundred Seventy only)

vuqca/k dh vof/k (Contract period)

: One (01) year from the date of issue of Acceptance Letter.

fufonk nLrkost ospus dh le; lhek (Period of selling of tender

document)

: From 31.07.2015 up-to 17.00 hrs on 30.08.2015 during office hours on working days.

fufonk nLrkost tek djus dh le; lhek (Period of submission of tender

document)

: Up-to 12.00 hrs on 31.08.2015

fufonk cUn gksus dh rkjh[k (Closing date of Tender)

: 31.08.2015 at 12:00 hrs.

fufonk [kqyus dh rkjh[k (Opening date of Tender)

: 31.08.2015 at 15:00 hrs.

fufonk [kqyus dh LFkku / (Place of opening of tender)

: At the office of Sr.Divl.Mech.Engineer/S.E.Railway/ADRA

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Signature of the Tenderer(s)

Railway administration will not be responsible for any delay/ difficulties/ inaccessibility of the downloading facility for any reason whatsoever. In case of any discrepancy between the tender documents downloaded from internet and the master copy available in the office of the DRM (Mech.)/Adra, the later shall prevail and will be binding on the tenderer(s). No claim on this account shall be entertained.

The tender form is not transferable. In no circumstances, the amount paid for the tender form will refunded. Without proper earnest money tender will be rejected.

Reference of Earnest Money_____________________________________________________________________________ Permanent Account No.__________________________________________________________________________________

N.B.: i) If in any case the date of opening mentioned above declared holiday or bundh on any account the said date shall automatically be substituted by the next working day.

ii) Contractor(s) will not have facility for participating in tender with his/their standing earnest money.

4. Tenderer/s is required to quote their Permanent Account Number in the tender document.

5. The tender form will not be issued after the date & time mentioned above at Annexure-I.

6. All the pages of tender documents are required to be signed & stamped by the tenderer(s).

7. (a) Tender should be accompanied by a deposit made in any of the following forms:

The Earnest Money should be in cash or Banker’s Cheques/Demand Drafts in favour of FA&CAO of the S.E.Railway, executed by State Bank of India or any of the Nationalized Banks or by a Scheduled Bank.

Tenderer/s will have to attach with the tender Earnest Money Deposit in an acceptable form as mentioned above otherwise the tender will be summarily rejected.

(b) The amount mentioned as Earnest Money deposit for the due performance of the stipulated to

keep the offer open for the period of 90 days from the date fixed for opening the same it shall

be understood that the tender documents have been sold/issued to the tenderer and the

tenderer is permitted to tender in consideration of the stipulation of his part that after

submitting his tender he will not repel from his offer or modify terms and conditions thereof in

a manner not acceptable to the Divl. Rly. Manager (Mech,)/S.E.Rly/Adra. Should the tenderer fail

to observe or comply with the said stipulation, the aforesaid amount shall be liable to be

forfeited to the Railway.

8. Tenders will be opened at specified date and time in the office of the Sr.Divl.

Mech.Engineer/S.E.Rly/Adra.

ofj’B e.My ;kaf=d vfHk;Urk@ n- iw- jsyos@vknzk

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Signature of the Tenderer(s)

Annexure-II

?kks’k.kk i= DECLARATION FORM

Tender No. ________________________________________________________________________

Name of Work _____________________________________________________________________ To The President of India, Acting through DRM (Mechanical), South Eastern Railway, Adra. 1. I/We _________________________________________________ have read the various conditions to tender

attached hereto and agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of 90 (NINETY) days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our “Earnest Money”. I/We offer to do the work for “Outsourcing of Panel & Floor welding work and other electric arc welding cum gas cutting activities at C&W/BKSC” S.E.Railway, at the rates quoted in the attached schedule and hereby bind myself/ourselves to complete the work in all respects within 01 year (365 days) from the date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the Indian Railways General Conditions Of Contract 2014, with all correction slips up-to-date and to carry out the work according to the Special Conditions of Contract and Specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications, Schedule of Rates with all correction slips up-to-date for the present contract.

3. A sum of ………………………. (Rupees ……………………………………………...........................................) is herewith forwarded as Earnest Money. 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 seven (07) days after receipt of notice issued by the Railway that such documents are ready; and

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

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 Witness : 1) __________________________________

Signature of TENDERER (s)

2) __________________________________

Date :

Address : ___________________________________

___________________________________

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Signature of the Tenderer(s)

INSTRUCTIONS TO TENDERERS & CONDITIONS OF CONTRACT

1. On behalf of the President of India, DRM (Mechanical), South Eastern Railway, ADRA – 723121 (herein after referred to as “Railways”) invites sealed tenders from established and reliable contractors/tenderer with “Indian Railways Standard General Condition of Contract” issued by Railway Board in July-2013 with latest revisions.

2. Standard General Conditions of Contract of Indian Railway as amended/corrected up to latest correction slips, copies of which can be seen in the office of Sr.Divisional Mechanical Engineer/S.E.Railway/Adra or obtained from the office of the Chief Engineer, S.E.Railway on payment of prescribed charges.

3. The tenderer/tenderers shall quote his/their rates as per tender schedule items only as asked in the tender schedule of Rates. The quantities shown in the attached schedule are given as a guide and the approximate only and are subject to variation according to the needs of the Railway. The Railway does not guarantee work under each item of the schedule.

4. Tenders containing erasures and/or alterations of tender documents are liable to be rejected. Any corrections made by the tenderer/tenderers in his/their entries must be attested by him/them.

5. The works are required to be completed within the time mentioned in the first page from the date of issuing acceptance letter.

6. Earnest Money : (a) The tender must be accompanied by a sum of 91,770/- (Rupees Ninety One Thousand Seven

Hundred Seventy only) as earnest money deposited in cash or in any of the form mentioned in

tender document, failing which tender will not be considered.

(b) The tenderer/s shall keep the offer open for a minimum period of 90 days from the date of opening of

the tender. It is understood that the tender documents have been sold/issued to the tenderer/s and

the tenderer is permitted to tender in consideration of the stipulation on his/their part that after

submitting his/their tender subject to the period being extended further, if required by mutual

agreement from time to time, he will not resale from his offer or modify the terms and conditions

thereof in a manner not acceptable to the Divl. Rly. Manager (Mech.)/South Eastern Railway/ Adra.

Should the tenderer fail to observe or comply with the foregoing stipulations, the amount deposited

as earnest money for the due performance of the above stipulation, shall be forfeited to the railway.

(c) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security

Deposit for the due and faithful fulfillment of the contract. This amount of Security Deposit shall be

forfeited, if the Tenderer(s)/Contractor(s) fail to execute the Agreement Bond within 7 days after

receipt 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) Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, be returned to the

unsuccessful tenderer(s) within a reasonable time, but the Railway shall not be responsible for any loss

or depreciation that may happen to the Security for the due performance of the stipulation to keep the

offer open for the period specified in the tender documents or to the Earnest Money while in their

possession nor be liable to pay interest thereon.

7. Rights of the Railway to deal with Tender: The Railway reserves the right of not to invite tenders for any of Railway work or works or to invite open or limited tenders and when tenders are called to accept a tender in whole or in part or reject any tender or all tenders without assigning reasons for any such action.

The authority for the acceptance of the tender will rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other tender and neither tenderer/tenderers shall demand any explanation for the cause of rejection of his/their tender nor the Railway to assign reasons for declining to consider or reject any particular tender or tenders.

If the tenderer(s) deliberately gives/give wrong information in his/their tender or creates/create circumstances for the acceptance of his/their tender, the Railway reserves the right to reject such tender at any stage.

If the tenderer(s) expires after the submission of his/their tender or after the acceptance of his tender, the Rly. shall deem such tender as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Rly. shall deem such tender as cancelled unless the firm retains its character.

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Signature of the Tenderer(s)

8. Security Deposit: (I) The earnest money deposited by the contractor with his tender will be retained by the railway as part

of security for the due and faithful fulfilment of the contract by the contractor. The balance to make up

the security deposit, the rates for which are given below may be deposited by the contractor in cash or

may be recovered by percentage deduction from the contractor's "on account" bills provided also that

in case of defaulting contractor, the Railway may retain any amount due for payment to the contractor

on the pending on account bills so that amount so retained may not exceed 10% of the total value of

the contract.

(II) Recovery of Security Deposit: Unless otherwise specified in the special conditions, if any, the Security

Deposit/rate of recovery/mode of recovery shall be as under:-

(a) Security Deposit for each work should be 5% of the contract value. (b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is

recovered. (c) Security Deposits will be recovered only from the running bills of the contract and no other mode

of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit.

Security Deposit shall be returned to the contractor after the physical completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract. If this Competent Authority is of the rank of lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate inter alia, should mention that the work has been completed in all respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

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

contractor can be returned to him, if he so desires, in lieu of FDR/irrevocable Bank Guarantee

for equivalent amount to be submitted by him.

(ii) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be

accepted as a mode of obtaining security deposit.

(III) No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the

Contractor under the Contract, but Government Securities deposited in terms of Sub-Clause (I) of this

clause will be payable with interest accrued thereon.

11 Performance Guarantee (PG): The procedure for obtaining Performance Guarantee is outlined below:

a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days from

the date of issue of Letter of Acceptance (LOA). Extension of time for submission of PG beyond 30

(thirty) days and up-to 60 days from the date of issue of LOA may be given by the Authority who is

competent to sign the contract agreement. However, a penal interest of 15% per annum shall be

charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date of issue of LOA. In case

the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the

contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract.

The failed contractor shall be debarred from participating in re-tender for that work.

b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms,

amounting to 5% of the contract value:

i. A deposit of Cash;

ii. Irrevocable Bank Guarantee;

iii. Government Securities including State Loan Bonds at 5% below the market value;

iv. Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance

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

v. Guarantee Bonds executed or Deposits Receipts tendered by all scheduled Banks;

vi. A Deposit in the Post Office Saving Bank;

vii. A Deposit in the National Savings Certificates;

viii. Twelve years National Defence Certificates;

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Signature of the Tenderer(s)

ix. Ten years Defence Deposits;

x. National Defence Bonds and

xi. Unit Trust Certificates at 5% below market value or at the face value whichever is less.

Also, FDR in favour of FA&CAO/SE Railway/GRC (free from any encumbrance) may be accepted.

NOTE: The instruments as listed above will also be acceptable for Guarantees in case of

Mobilization Advance.

c) The Performance Guarantee shall be submitted by the successful bidder after the Letter Of

Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be

initially valid up-to the stipulated date of completion plus 60 days beyond that. In case, the time for

completion of work is extended, the contractor shall get the validity of P.G. extended to cover such

extended time for completion of work plus 60 days.

d) The value of PG to be submitted by the contractor will not change for variation up-to 25% (either

increase or decrease). In case during the course of execution, value of the contract increases by more

than 25% of the original contract value, an additional Performance Guarantee amounting to 5%(five

percent) for the excess value over the original contract value shall be deposited by the contractor.

e) The Performance Guarantee (PG) shall be released after physical completion of the work based on

'Completion Certificate' issued by the competent authority stating that the contractor has completed

the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry

of the maintenance period and after passing the final bill based on 'No Claim Certificate' from the

contractor.

f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance

Guarantee shall be en-cashed. The balance work shall be got done independently without risk & cost

of the failed contractor. The failed contractor shall be debarred from participating in the tender for

executing the balance work. If the failed contractor is a JV or a Partnership firm, then every

member/partner of such a firm shall be debarred from participating in the tender for the balance

work in his/her individual capacity or as a partner of any other JV/partnership firm.

g) The Engineer shall not make a claim under the Performance Guarantee except for amounts to which

the President of India is entitled under the contract (not withstanding and/or without prejudice to any

other provisions in the contract agreement) in the event of:

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein

above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the

contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of

the service of notice to this effect by Engineer.

(iii) The Contract being determined or rescinded under provision of the GCC, the Performance

Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

12 Execution of Contract Documents: The successful tenderer/tenderers shall be required to execute an agreement with the President of India acting through the Divisional Railway Manager (Mechanical)/South Eastern Railway/Adra for carrying out the work according to the Standard General conditions of contract, special conditions/specification annex to the tender and standard specifications for the work and materials as given in part III & IV of the South Eastern Railway, 2001 with up-to-date correction.

13 Partnership Deeds, Power Of Attorney Etc.: The tenderer shall clearly specify whether the tender is submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a partnership concern, he should submit the certified copy of partnership deed along with the tender and authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed along with tender documents, the tender will be treated as having been submitted by individual signing the tender documents. The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however, recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

14 The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act through agent or individual partner(s) should submit along with the tender or at a later stage, a

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Signature of the Tenderer(s)

power of attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person whether he/they be partner(s) of the firm or any other person specifically authorizing him/them to submit the tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise, settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any disputes to arbitration.

15 Employment/Partnership Etc. of Retired Railway Employees : (a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer working

before his retirement, whether in the executive or administrative capacity or whether holding a pensionable post or not, in the Mechanical or any other department of any of the railways owned and administered by the President of India for the time being, or should a tenderer being partnership firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a tenderer being an incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted Officer from the said service and in case where such Engineer or Officer had not retired from Government service at least 2 years prior to the date of submission of the tender as to whether permission for taking such contract, or if the contractor be a partnership firm or an incorporated company, to become a partner or Director as the case may be, or to take the employment 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 be clearly stated in writing at the time of submitting the tender. Tenders without the information above referred 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 being an individual on the list of approved Contractors, have a relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a relative(s) of the shareholder(s) employed in gazetted capacity in the Mechanical or any other department of the S.E. 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/rejected or if such fact subsequently comes to light, the contract may be rescinded in accordance with the provision in Clause 62 of the General Conditions of Contract.

16 Non-compliance with any of the conditions set forth therein above is liable to result in the tender being rejected.

17 The authority for the acceptance of the tender will rest with the South Eastern Railway, who does not bind himself to accept the lowest or any other tender or does he undertake to assign reasons for declining to consider any particular tender or tenders.

18 Earnest Money: (1) (a) The tenderer shall be required to deposit earnest money with the tender for the due performance

with the stipulation to keep the offer open till such date as specified in the tender, under the

conditions of tender. The earnest money shall be as under:

Value of the work Earnest Money Deposit (EMD)

A. For works estimated to cost up to

1 crore.

: 2% of the estimated cost of the work.

B. For works estimated to cost more

than 1 crore.

: 2 lakhs plus ½% (half percent) of the excess of

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

maximum of 1 crore.

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

(b) It shall be understood that the tender documents have been sold/issued to the tenderer and the

tenderer is permitted to tender in consideration of stipulation on his part, that after submitting his

tender he will not resile from his offer or modify the terms and conditions thereof in a manner not

acceptable to the Engineer. Should the tenderer fail to observe or comply with the said stipulation,

the aforesaid amount shall be liable to be forfeited to the Railway.

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Signature of the Tenderer(s)

(c) If his tender is accepted this earnest money mentioned in sub clause (a) above will be retained as part

security for the due and faithful fulfilment of the contract in terms of Clause 16 of the General

Conditions of Contract. The Earnest Money of other Tenderers shall, save as herein before provided,

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

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

(2) The Earnest Money should be in cash or Banker’s Cheques/Demand Drafts in favour of FA&CAO of

the S.E.Railway, executed by State Bank of India or any of the Nationalized Banks or by a Scheduled

Bank.

19 Care In Submission Of Tenders : (a) Before submitting a tender, the tenderer will be deemed to have satisfied himself by actual inspection

of the site and locality of the works, that all conditions liable to be encountered during the execution of the works are taken into account and that the rates he enters in the tender forms are adequate and all inclusive to accord with the provisions in Clause-37 of the General Conditions of Contract for the completion of works to the entire satisfaction of the Engineer.

(b) When work is tendered for by a firm or company of contractors, the tender shall be signed by the individual legally authorized to enter into commitments on their behalf.

(c) The Railway will not be bound by any power of attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract. It may, however recognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor.

20. Execution of Contract Document: The Tenderer whose tender is accepted shall be required to

appear in person at the office of Sr.Divisional Mechanical Engineer/S.E.Railway/Adra, or if a firm or

corporation, a duly authorized representative shall so appear and execute the contract documents

within seven (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 earnest money accompanying the tender shall stand forfeited without prejudice to any

other rights or remedies.

In the event of any tenderer whose tender is accepted shall refuse to execute the contract document as here in before provided, the Railway may determine that such tenderer has abandoned the contract and there upon his tender and acceptance thereof shall be treated as cancelled and the Railway shall be entitled to forfeit the full amount of the Earnest Money and to recover the damages for such default.

21. Tender must be enclosed in a sealed cover, superscripted “Tender Notice No.” and must be

deposited in the special box allotted for the purpose in the office of OC/RPF Post/S.E.Railway/Adra-

723121 within the stipulated date & time as mentioned in tender notice above or sent by registered

post to the address of Sr. Divl. Mechanical Engineer /S.E.Railway/Adra-723121 so as to reach his office

not later than 12:00 hours on the 31.08.2015. This Special box will be sealed & closed at 12:00

hours on 31.08.2015. The tender will be opened at 15:00 hours on the same day. The tender papers

will not be sold after 17:00 hours on 30.08.2015.

22. Variation in contract quantities. The procedure detailed below shall be adopted for dealing with variations in quantities during execution of works contracts:

22. 1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment would be made as per the agreement rate. For this, no finance Concurrence would be required.

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

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Signature of the Tenderer(s)

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

(i) Quantities operated in excess of 125% but up-to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender;

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

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

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

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

22. 3. In cases where decrease is involved during execution of contract:

(a) The contract signing authority can decrease the items up-to 25% individual item without finance concurrence.

(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate' from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

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

23. 4. The limit for varying quantities for minor value items shall be100 % (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

23. 5. No such quantity variation limit shall apply for foundation items. 23. 6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a

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

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

23. 8. For tenders accepted by General Manager, variations up-to 125% of the original agreement value may be accepted by General Manager.

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

23. 10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained.

23. Provision Of Efficient And Competent Staff At Work Sites By The Contractor :

(i) The Contractor shall place and keep on the works at all times efficient and competent staff to give

the necessary directions to his workmen and to see that they execute their work in sound & proper

manner and shall employ only such supervisors, workmen & labourers in or about the execution of

any of these works as are careful and skilled in the various trades.

(ii) The Contractor shall at once remove from the works any agents, permitted subcontractor, supervisor,

workman or labourer who shall be objected to by the Engineer and if and whenever required by the

Engineer, he shall submit a correct return showing the names of all staff and workmen employed by

him.

(iii) In the event of the Sr,Divl.Mech.Engineer/Adra being of the opinion that the Contractor is not

employing on the works a sufficient number of staff and workmen as is necessary for proper

completion of the works within the time prescribed, the Contractor shall forthwith on receiving

intimation to this effect deploy the additional number of staff and labour as specified by the

Sr,Divl.Mech.Engineer/Adra within seven days of being so required and failure on the part of the

Contractor to comply with such instructions will entitle the Railway to rescind the contract under

Clause 62 of conditions GCC .

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Signature of the Tenderer(s)

24. OFFER: 24. 1. It is in the interest of the tenderer(s) to visit and acquaint with the working pattern and conditions of

the work at site before quoting of rate. 24. 2. The rates are to be quoted in the Schedule of Rates sheet of the tender document (Annexure-VIII). 24. 3. The rates to be quoted shall be inclusive of all charges such as Labour, cost of consumable, uniforms,

etc., and all taxes and any other incidental charges leviable by State Government / Central Government and other local bodies EXCEPT SERVICE TAX both in words & figure.

24. 4. As per HQ finance’s letter no. SER/Exp./Service Tax/Misc/2015-16/59, dtd:26.05.2015 and Sr.DFM/ADA’s letter no. ADA/A/CS/Expr/963, dtd:01.07.2015, Service tax @14% on 70% of the basic cost of the contract will be applicable.

24. 5. Tenderer should mention Service Tax Registration No. along with ST-1 and ST-2 forms in the tender document.

25. Indemnity By Contractors: The Contractor shall indemnify and save harmless the Railway from and

against all actions, suit proceedings losses, costs, damages, charges, claims and demands of every

nature and description brought or recovered against the Railways by reason of any act or omission of

the Contractor, his agents or employees, in the execution of the works or in his guarding of the same.

All sums payable by way of compensation under any of these conditions shall be considered as

reasonable compensation to be applied to the actual loss or damage sustained, and whether or not

any damage shall have been sustained.

26. Measurement Of Work :

26. 1. The work shall, on completion thereof in accordance with these conditions, be measured by the Sr. Divl. Mechanical Engineer or his authorized representative.

26. 2. The date and time on which final measurements are to be made will be communicated to the contractor who shall be present in person or through an authorized agent at the site of works at the time of measurements are made and shall sign the results of the measurements in the official measurements book as an acknowledgement of the accuracy of the measurements failing his attendance the work may be measured up in his absence, and such measurement shall not withstand his absence be binding upon him whether or not be shall have signed the measurement book, provided always that any objection to any measurement made by him in writing within 7 days after it has been made shall be duly investigated and considered.

27. Payment Terms: (i) "On-Account” Payments: The Contractor shall be entitled to be paid from time to time by way of

"On-Account" payment only for such works as in the opinion of the Engineer he has executed in

terms of the contract. All payments due on the Engineer's or the Engineer's Representative's

certificates of measurements shall be subject to any deductions which may be made under these

presents and shall further be subject to, unless otherwise required by Clause 16 of GCC, a retention of

ten percent by way of Security Deposits, until the amount of Security Deposit by way of retained

earnest money and such retentions shall amount to 10% of the total value of the contract provided

always that the Engineer may by any certificate make any correction or modification in any previous

certificate which shall have been issued by him and that the Engineer may withhold any certificate, if

the works or any part thereof are not being carried out to his satisfaction.

(ii) Rounding Off Amounts: The total amount due on each certificate shall be rounded off to the

nearest rupee, i.e. sum less than 50 paise shall be omitted and sums of 50 paise and more upto Rs.1

will be reckoned as Rs. 1.

(iii) On Account Payments Not Prejudicial To Final Settlement : "On-Account" payments made to the

Contractor shall be without prejudice to the final making up of the accounts (except where

measurements are specifically noted in the Measurement Book as "Final Measurements" and as such

have been signed by the Contractor) and shall in no respect be considered or used as evidence of any

facts stated in or to be inferred from such accounts nor of any particular quantity of work having been

executed nor of the manner of its execution being satisfactory.

(iv) Manner Of Payment: Unless otherwise specified payments to the Contractor will be made by

cheque; but no cheque will be issued for and amount less than Rs.100.

(v) Bill to be submitted to SSE(C&W)/ROH Depot/BKSC for certification, who is authorized to sign the

Measurement Book which is to be maintained based on the certified log book.

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Signature of the Tenderer(s)

(vi) Payment will be made through RTGS/EFT/ECS/STEPS for which tenderer(s) shall submit the details of

his Bank account at Annexure-IV of this tender document. The mode of payment is the discretion of

Railway administration and is binding on the tenderer(s).

(vii) Delay in payment or non-payment of contractor’s bill will under no circumstances be accepted as an

excuse for contractor’s failure to carry the terms and condition of the contract satisfactorily. No bill

will be entertained after clearance of final bill.

(viii) Payment of contract bills shall be realized on monthly i.e. after completion of one month period

based on per day deployment of requisite no. of welder/gas cutter at each site and 01 supervisor also

and one production of necessary documents of labour laws e.g. payment of P. F., ESI, etc. Sr.DME is

the bill passing authority and Sr.DFM is the bill paying authority.

(ix) The following statutory deductions will be deducted from the payment to be made to the

contractor(s).

(a) Income Tax @ 2%. (b) Conservancy Cess as per the prevailing rate depending upon the no. of labour employed by the

tenderer. (c) Any other tax as levied by Central and State Government from time to time. (d) The above taxes are indicative and may vary as per applicable tax laws from time to time. (e) Any penalty if attracted, as indicated in clause, will also be deducted along with the rate of that

item (if any) from the monthly payments.

28. Price Variation Clause: Price Variation Clause shall be applicable only for Contracts of value as prescribed by Ministry of Railways through instructions/circulars issued from time to time and irrespective of the contract completion period. Variation in quantities shall not be taken into account for applicability of PVC in the contract. Materials supplied free of cost by Railway to the contractors shall fall outside the purview of Price Variation Clause. If, in any case accepted offer includes some specific payment to be made to consultants or some materials supplied by Railway free or fixed rate, such payments shall be excluded from the gross value of the work for the purpose of payment/recovery of price variation. Price variation implies both increase as well as decrease in input prices and therefore, price variation during the currency of the contract may result in extra payment or recovery as the case may be as per RB letter no. 2007/CE-I/CT/18 Pt. 19, date: 14.12.2012. For settlements of disputes & Arbitration provision of relevant clauses of Indian Railways Standard General Conditions Of Contract, July-2013 issued by Railway Board with up-to-date correction slip will be followed.

9. All these conditions and specifications should carefully be studied by the tenderer/tenderers before submitting his/their tender. He/they should in his/their own interest be well acquainted with the site of work.

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Signature of the Tenderer(s)

Annexure - III

Scope of work & Other Terms and Conditions of Contract (1) SCOPE OF WORK:

i) Welding work & other electric arc cum gas welding of empty BOXN / BRN BOST/BOBRN/BFNS and

other items of wagons will be carried out at ROH depot, Outward Sick line, Empty Yard and Outward

yard of C&W/BKSC as per the instruction of SSE(C&W) BKSC, SSE (ROH depot), Empty Yard, Outward

Yard & Outward Sick line/BKSC or his authorized representative.

ii) This work will essentially involve gas cutting of damaged portion of side wall, end wall, door, floor

etc of various types of wagons and fitment of suitable size of plate by electric arc welding as per

advice of SSE(C&W) BKSC, SSE (ROH depot, Empty Yard, Outward Yard & Outward Sick line)/BKSC or

his authorized representative.

iii) The supervisor in-charge judging on the damage condition of work will distribute the repair works

(nos. of wagons/others) to a welder.

iv) After initial checking of wagons by C&W supervisor at ROH shed, Sick line & yard, marking shall be

done by C&W supervisor on portion of side wall, end wall, door, floor etc. requiring change (gas

cutting and/or welding) and contractor staff will carry out activities mentioned at Sr. no. ii) as per

these markings.

v) While gas cutting on wagon, contractor’s staff will take adequate precaution not to cut any

serviceable portion and cutting is limited to marked area only. All precautions shall have to be taken

to avoid any damage to wagon component on account of gas cutting. Any failure on this account

shall be dealt as per penalty clause.

vi) Contractor’s staff must ensure proper earthing (nearest to the welding location) of wagon body

before doing electric arc welding to avoid any damage to bearings and other sensitive components

fitted in wagons.

vii) Under gear structure and components requiring gas cutting and welding works can also be given to

contractor’s staff as per requirement however, contractor must instruct his staff that any gas cutting

and welding work being done in under gear & bogie components having direct bearing on safety

are only conducted in presence of SSE(C&W) BKSC, SSE(ROH depot), Empty Yard, Outward Yard &

Outward Sick line/BKSC or his authorized representative physically at work site and work is done

under his constant supervision.

viii) Gas cutting of damaged portion of side wall, end wall, door, floor etc of various types of wagons

and fitment of suitable size of plate by electric arc welding (Vertical welding).

ix) During BUTT welding process i.e. where plates are joined from end to end, requisite groove (V or U)

shall have to be made before welding to ensure sufficient strength of welded joints. Any plate over 5

mm thickness required to be BUTT welded shall be dealt strictly as per this.

x) On a multi pass welding activity removal of slag with help of spike hammer and wire brush must be

ensured before next welding pass. This is to be repeated for all welding passes.

xi) Contractor’s staff must keep preheated electrode in electrode case to avoid moisture ingress in

preheated electrode to ensure proper quality of electric arc welding.

xii) In the event of occasional power failure etc. bunching of work-load may take place. Contractor

should be geared up to tackle work-load planned for that day without compromising on quality of

work.

xiii) Proper seam welding without presence of available welding defects shall be required to be

maintained in 100% welding work done by contractor staff. Post welding quality shall be checked by

SSE(C&W) BKSC, SSE(ROH depot), Empty Yard, Outward Yard & Outward Sick line /BKSC or his

authorized representative and his decision on quality of welding shall be binding and final. Poor

quality of welding shall be dealt as per penalty clause.

xiv) If gas cutting & welding of any particular contractor’s staff is found poor, SSE(C&W) BKSC, SSE (ROH

depot), Empty Yard, Outward Yard & Outward Sick line /BKSC or his authorized representative advice

contractor for changing of particular welding staff then contractor must change such staff within 03

days of such notice given and new staff appointed by the contractor must fulfil the Sr. no.(iii) of

other terms and condition of Contract. Decision of Railway in this regard shall be final and binding

on contractor.

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Signature of the Tenderer(s)

xv) Work of gas cutting & welding to contractor staff shall be assigned on day to day basis as and when

required. If contractor’s staff feels that assigned work cannot be done within stipulated time limit

then he must brought out this to knowledge of SSE(C&W) BKSC, SSE(ROH depot, Empty Yard,

Outward Yard & Outward Sick line)/BKSC or his authorized representative immediately however

decision of SSE(C&W) in this regard shall be final and binding.

xvi) The contractor should deploy his staff to work in span period from 8.00 hrs. to 21.30 hrs. The eight

(8) hours duration span will be as per decision of SSE(C&W) BKSC, SSE (ROH depot), Empty Yard,

Outward Yard & Outward Sick line/BKSC.

xvii) Panel & floor Welding work, other electric arc cum gas welding work will be carried out at sick line,

ROH shed and Yards as per advice of SSE(C&W) BKSC, SSE(ROH depot, Empty Yard, Outward Yard &

Outward Sick line)/BKSC or his authorized representative.

xviii) If sick / ROH repair wagon is minimum on a particular day and requirement of welding work is not

much as considered by the supervisor/sick line / ROH in charge, then on line repair of sick wagon for

welding work in rake shall be undertaken by the contractor’s welder to minimize sick in yard. The

contractor staff must complete the work in the stipulated time as given by SSE(C&W) BKSC, SSE(ROH

depot, Empty Yard, Outward Yard & Outward Sick line)/BKSC.

xix) ROH/Sick line/yard supervisor of each site will supervise and ascertain the quality of welding work at

ROH/sick line/yard.

(2) Manpower resources: The following nos. of welder / gas cutters are required at each site per day to

carry out the work successfully.

Srl.No. Site No. of Welder cum Gas Cutter

Supervisor

1. ROH Depot/BKSC (Including Empty Yard) 16

1 2. Outward Sick line/BKSC (Including Out ward

Yard)

12

Total 28 1

(3) OTHER TERMS & CONDITIONS OF CONTRACT: (i) The contractor has to engage 28 nos. of highly skilled staff preferably ITI qualified to carry out the

work properly. In case of non ITI qualified welders they should have working experience of minimum

02 years in welding and fabrication work from reputed firms. Besides, welders so deployed should

have experience in Vertical welding work. In this regard the tenderer whose offer will be accepted

must submit the Xerox copy of ITI passed certificate or Experience certificate of the employees duly

attested from a gazetted officer at the time of signing of contract agreement. None fulfilling of these

conditions are liable to be rejected.

(ii) The contractor shall employ Qualified Diploma Holder Engineer, as prescribed by the Ministry

of Railways through separate instructions from time to time. Failure to deploy such qualified

personnel shall attract a penalty as per penalty clause.

(iii) Nominated representatives of SSE(C&W) BKSC, SSE(ROH depot)/BKSC, SSE(Empty Yard)/BKSC,

SSE(Outward Yard)/BKSC & SSE(Outward yard Sick line)/BKSC & ADME/C&W/BKSC &

ADME/ROH/BKSC shall inspect the work after the same have been performed. The quality & quantity

of the work will be inspected daily at each site.

(iv) Contractor should adhere to the Labour Rules and other labour legislations. It is the responsibility of

the contractor to comply with the provisions Contract Labour (Regulation and Abolition) Act 1970,

Contract Labour Central Rules 1971 and Provisions of Employees Provident Fund and Miscellaneous

Provisions Act, 1952, Employees Pension Scheme 1995, and Employees Deposit Linked Insurance

Scheme1976. as per Clause 55 B of GCC.

(v) The contractor shall abide by all the statutory provisions and laws of Central and state Government

including Hours of Employment Regulation. No any staff should deploy for working of data

entry activities beyond eight (08) hours/day.

(vi) The Contractor shall be responsible to ensure compliance with the provision of the Minimum Wages

act, 1948. He should maintain a wage register as per rule -73 of Contract Labour (Regulation and

Abolition) Act 1970.

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Signature of the Tenderer(s)

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

(viii) The contractor shall be responsible for provision of adult labour and ensuring payment to labour as per Minimum Wages Act including PF (13.61%) & ESI (4.75%). Minimum wages rate for the schedule employments in the central sphere should be followed.

(ix) Contractor has to deposit requisite P.F. amount through separate e-challans in respect of individual employees employed by him. Copy of proof of deposit (ECR) to be submitted by the Contractor along with salary/wages registers signed by the Contractor’s employee indicating P.F. Account numbers with each month’s bill.

(x) The contractor shall keep in force policy/policies of insurance against all liabilities and recognized risk in respect of accident to person employed by contractor for purpose of carrying out the work under the contract. In respect of all staff engaged by him, the contractor shall be responsible against all claims under Work Men Compensation Act, labour Contract Act etc.

(xi) The name / list of all the employees should be submitted to SSE(C&W) BKSC, SSE(ROH depot)/BKSC, SSE(Empty Yard)/BKSC, SSE(Outward Yard)/BKSC & SSE(Outward yard Sick line)/BKSC & ADME/C&W/BKSC & ADME/ROH/BKSC or his authorized representative before starting the actual work on daily basis.

(xii) Contractor’s staff should be in proper uniform (Maroon colour) with name badge and well behaved and it is the duty of the Contractor to ensure the same. The Contractor should issue frame goggles for eye protect, Glass tined welder’s eye, Hand gloves LH/RH, Safety helmet, Apron for mild impact & industrial safety Boots to all his welders engaged to carry out the work. If the contractor’s staffs are found any day in without uniform and personal protective equipments then penalty will be imposed as per penalty clause. They should have proper identity card issued by the contractor duly countersigned by ADME/BKSC.

(xiii) It is the duty of the Contractor to make himself duly informed if any correction and amendments of the said General conditions of contract made up to date of these presents and no objection shall be taken by the Contractor on the ground that he was not aware of such amendments and corrections of the said special conditions of contract of any of them.

(xiv) Contractor must obtain a labour license from the concerned Asst Regional Labour Commissioner (General) as per contract. Labour (Regulation and abolition) Act 1970 and rules formed there under. Any violation of this will make the contractor liable for action as per aforesaid act and rules.

(xv) All the copies of the annexure (serially enclosed) with the tender paper should be duly filled in by the Bidder and submitted along with the tender duly signed and stamped on each page.

(xvi) Contractor should take all precaution for safety of his / their Welder. The railway will not entertain any claim towards any accident whatsoever of the Welder engaged by the contractor. Also welder employed will not have any claim towards employment in Railway organization at any point of time.

(xvii) The valuable Railway materials will supplied by the Railway to the contractor at the site. The contractor will have to look after the materials properly and keep the accountable records, if any materials found deficient/damaged due to mishandling/ carelessness/theft by his Welders, the cost of materials beside penalty will be recovered from the running contractor’s bill.

(xviii) Adequate safety precautions are to be taken by the Contractor to ensure safety of workmen engaged by the Contractor.

(xix) The contractor shall note that no compensation due to any loss of life or loss of material or any other account be given by the Railway Administration while carrying out the work by the contractor as per agreed terms and the Contractor shall have to pay all the compensation in case of any accident, injury to his labour.

(xx) The contractor shall be responsible for employment of its labour and be liable for observance of all statutory provision of Government. No claim for employment of labour so engaged by the contractor in Railway whatsoever ground shall be entertained.

(xxi) All preventive measures are to be taken not only for guarding Railway’s own assets to be given to contractors for maintenance but also to secure from anti social elements. Indemnifying of damages to the Railway properties needs to be included as a protective measure in the scope of the contract conditions.

(xxii) The quality of work will be closely monitored and shall be inspected daily by Railway Authority. The contractor will not employ any unethical practices to compromise the quality of work. Contractor or

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Signature of the Tenderer(s)

his men will not use any such means, which will affect the quality of work and may cause damage to Railway property due to such practice, for which contractor will be solely responsible. If any such incident takes place and the Contractor is found responsible, Railways will reserve the right to terminate the Contract immediately.

(xxiii) Railway Authority may review the contract performance periodically. (xxiv) The contractor shall have to make adequate arrangements to maintain the schedule work to

required standards within available time. (xxv) The submission of a Tender by a Bidder shall be deemed to imply and taken as indicating that he has

read, understood and abided by the conditions stated therein. (xxvi) Railway representative may check the attendance register of the men deployed by contractor on

daily basis to ensure proper deployment before commencement of work by contractor. (xxvii) Railway will not provide any facilities like Pass, PTO, Medical and Accommodation etc. to the

contractor. (xxviii) Proof of proper payment to the staff as per provision in the minimum wages act 1948 amended

from time to time should be produced at the time of submission of each bill. (xxix) Contractor should submit medical certificate of his employee to the ADME/BKSC before execution

of work. (xxx) A register will be maintained to keep no. of wagon/quantity of welding attended during each day by

the contract labour. This will be filled up by the JE (C&W) on duty and personally countersigned by SSE (C&W) or his nominated representative of Railway and authorized representative of Contractor on each day as per Annexure - IV.

(a) Safety Equipments (Consumables): Following safety equipments will be supplied by the contractor to their staff to carry out the work and after completion of the work same to be handed over to respective SSE(C&W).

Sr. no. Nomenclature Qty. requirement /welder/year 1 Frame goggles for eye protect 01 No. 2 Glass tinted welder’s eye 01 No. 3 Hand Gloves LH/RH (One pair) 02 Pair 4 Safety Helmet 01 No. 5 Apron for mild impact 01 No. 6 Industrial safety boots 01 Pair

All other materials required for work shall be provided by railways i.e. welding machine, welding holder, electrode, earthing clamp, both Oxygen & DA/LPG gas along with regulators, pipes & gas cutting torch, ladder etc. and after completion of everyday work all the Railway materials will be handed over to SSE(C&W) BKSC, SSE (ROH depot, Empty Yard, Outward Yard & Outward Sick line)/BKSC at each site respectively.

(b) PENALTY CLAUSE:

The contractor shall be penalized by Sr.Divl. Mech. Engineer/S.E.Rly./Adra or his nominated representative under the following circumstances:

i) If prescribed no. of staff will not be deployed by the contractor at each site per day, then a penalty of

500/- will be imposed per day / no. of welder not deployed.

ii) Failure to deploy such qualified personnel shall attract a penalty of Rs 25,000/- per month. The

supervisor should be deployed full time and always available at the work spot. Pro rata deduction

shall be made for the number of days not deployed.

iii) If any wagon assigned for welding is neither completed till 21:30 hrs nor it is brought to the notice of

SSE (C&W) of ROH depot, Empty Yard, Outward Yard & Outward Sick line/BKSC or his authorized

representative as per clause no. iii) of scope of work then a penalty of 500/- per wagon shall be

imposed.

iv) For poor quality of welding on a wagon a penalty of 500/- per wagon shall be imposed. Decision

of Railway representative on quality of welding shall be binding and final.

v) During gas cutting if any serviceable materials are cut or /and any damage to wagon then requisite

amount will be deducted from contractor’s bill besides a penalty of 1000/- will be imposed and

contractor must change that staff within three days.

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Signature of the Tenderer(s)

vi) For misutilization / shortage etc. of welding electrode by contractor staff a penalty of 500/- shall be

imposed per case and such staff shall have to be changed within 03 days.

vii) During currency of contract if any supplied railway materials i.e. welding machine, welding holder,

earthing clamp, Oxygen & DA / LPG gas along with regulators, pipes & gas cutting torch, ladder etc.

found missing/ damaged then requisite amount will be deducted from contractor’s bill besides a

penalty of 500/- per case will be imposed.

viii) If any staff found consuming alcohol during working period a penalty of 200/- per staff per day will

be imposed and the said staff must be suspended from that day and new staff must be engaged by

the contractor from next day. If same staff will continue then a penalty of 500/- per day per staff

will be imposed.

ix) If any day any staff found without proper uniform and safety equipments i.e. frame goggles for eye

protect, Glass tined welder’s eye, Hand gloves LH/RH, Safety helmet, Apron for mild impact &

industrial safety Boots then a penalty of 200/- per day per staff will be imposed.

x) If contractor fails to deploy the requisite nos. of Welder/ Gas cutter at any site on any day, then

@ 477/- per staff/day will be deducted beside penalty clause no. i) and if the contractor fails to

deploy his supervisor on any day, then @ 333/- per day will be deducted in addition to penalty

clause: ii) above.

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Signature of the Tenderer(s)

Annexure – IV Work Register (To be maintained Daily)

Name of work: Outsourcing of Welders for all type of cutting and welding work at ROH depot, Empty Yard, Outward yard and Outward Sick line of C&W/BKSC through open tender for a period of 01 year.

Agreement No. : ……………………………………………………………………………………….. Work Order No. : ……………………………………………………………………………………

Srl.

no.

Date Name of

contractor’s staff

with ID No.

Wago

n no &

Type

Location where

work done

Type of

work

done

(Welding

/ Gas

cutting)

Portion where

work done/

damage particular

Quantity of

work done

Quality of

work done

Signature

ROH

shed

Sick

line

Yard Contractor’s

representative

Rly.’s

Representative

N.B. In location where the work is carried out put tick mark (√) and not carried out put cross (X) mark.

ADME/BKSC SSE(C&W)/BKSC

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Signature of the Tenderer(s)

Annexure – V VENDER MANDATE FORM

1. PARTICULARS OF THE PARTY:

(a) NAME : ……………………………………………… (b) ADDRESS : …………………………………………………………………..………………………………………………. …………………………………………………………………………………………………………………… (c) PHONE No.:…………..………………………………… MOBILE No.: ………………….…………………..……………..

FAX No.……………………………….. (d) I.TAX PAN No. …………………………………………………….

E-MAIL No. ………………………………………………………… (e) TIN No. VAT Registered No./ Sales Tax Regd. No. ……………………… (f) CST Regd. No. ……………………………………………………………

2. PARTICULARS OF BANK ACCOUNT:

(a) BANK NAME : …………………………………………………………..

(b) BRANCH : ……………………………….……………………………

(c) BANK ADDRESS: ………………………………………………………

(d) BANK TEL. No. : ………………………………FAX No. ………………

(e) BANK MICR CODE (9 Digit) : ……………………………………….

(f) BANK IFS CODE :………………………………………………………

(g) BANK ACCOUNT No. : …………………………………………………

(h) ACCOUNT TYPE: SAVINGS/CURRENT/CASH CREDIT LEDGER F/No.

3. DECLARATION BY THE PARTY : I hereby declare that the particulars given above are correct and complete. If the transaction is

delayed or not effected at all for reasons of incomplete or incorrect information the user institution i.e. S.E. Railway will not be held responsible. I have understood the scheme and agree to discharge the responsibility expected from me as a participant under the scheme.

4. This Mandate Form should be treated as an application for the purpose of Refunds of EMD in the

event of un-successful tender. And /or

Any due payments made by Railways.

Date: ………………. Name and Signature of the party with Stamp

5. Certified that the particulars of Bank Account furnished above are correct as per our records.

Bank’s Seal Signature of the authorised official of the Bank

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Signature of the Tenderer(s)

Annexure-VI

Acceptance / deviation Schedule

(Tenderer may add more sheets if space is not adequate)

Clause Accepted(yes/No) If No list Deviation(s)

General Conditions:

Special Conditions:

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Signature of the Tenderer(s)

Annexure- VII Rate Sheet

Name of Work : Outsourcing of Panel & Floor welding work and other electric arc welding

cum gas cutting activities at C&W/BKSC.

Rates to be quoted by the Tenderer/s

Sr. no.

Description of items Unit Quantity for 01 year

Approx. value ( )

Rate in fig./in words

1 Panel & Floor welding work and other electric arc welding cum gas cutting activities at ROH Depot/BKSC.

Per day 365 2621930.00 In figure ---------------%

In word………………………………………………………. Percent (Above/Below/At Par)

2. Panel & Floor welding work and other electric arc welding cum gas cutting activities at Out ward Sick line/BKSC.

Per day 365 1966448.00 In figure ---------------%

In word………………………………………………………. Percent (Above/Below/At Par)

N.B.

(i) The Tenderer shall quote only one uniform percentage (%) Rate ABOVE/ BELOW / AT PAR, the departmental rates shown in Schedule of rate at Annexure-VIII.

(ii) Overwriting/ Corrections have to be attested/ countersigned by the tenderer(s).

(iii) The rates quoted by the tenderer should be inclusive of all taxes, except Service Tax.

(iv) Tenderer should quote the rate properly and legibly both in figures & words. If rates in figures & words both are not tallying, tender will be rejected.

Name and signature of tenderer(s)

TENDERER’s SEAL

Date:

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Signature of the Tenderer(s)

Annexure-VIII

Schedule of Rate Name of the work: Outsourcing of Panel & Floor welding work and other electric arc welding

cum gas cutting activities at C&W/BKSC.

(Execution of all works under Estimate no.- M/716/Welder/ BKSC/Est./14-15, Under Allocation No. 060-310-32)

Srl. No.

Description of work Unit Quantity for 01 year

Rate (in )

Total value (in )

Rate reference

1 Panel & Floor welding work and other electric arc welding cum gas cutting activities at ROH Depot/BKSC.

Per day 365 7183.37 2621930.00 As per updated minimum wage rate issued vide CLC(C)/New Delhi’s order No.1/2 (3)/2014-LS-II, dtd. 04.03.2014 & as per rate of BAVR of General Store/KGP as on 31.12.2012 for consumables (Safety

item).

2 Panel & Floor welding work and other electric arc welding cum gas cutting activities at Out ward Sick line/BKSC.

Per day 365 5387.53 1966448.00

TOTAL COST FOR 01 YEAR 4588378.00

Total departmental value for 02 years= 4588378.00 (Rupees Forty Five lakh Eighty Eight thousand Three hundred Seventy Eight)

Explanatory note:

(i) In Srl. No. 1 & 2 of schedule of rate is inclusive of per day wage of 16 nos. Welder/ Gas cutters

at ROH Depot/BKSC and 12 nos. Welder/ Gas cutters at Outward Sick line/BKSC plus per day proportionate wage of 01 Supervisor.

(ii) Daily rate of 01 Welder/ Gas cutter is 477/- & for 01 Supervisor is 333/- which is inclusive of PF, ESI, Safety Consumable & Contractor’s Profit.

(iii) If contractor fails to deploy the requisite nos. of Welder/ Gas cutter at any site on any day, then @ 477/- per staff/day will be deducted beside penalty clause no. i) and if the contractor fails to deploy his supervisor on any day, then @ 333/- per day will be deducted in addition to penalty clause: ii).

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Signature of the Tenderer(s)

fufonk nLrkost dh lekfIr

… END OF TENDER DOCUMENT …