RAIL WHEEL FACTORYrwp.indianrailways.gov.in/rwp/notice/1442820304752...Administrative Building, Rail...

Indian Railways

Rail Wheel Plant / Bela

of 46_TD_S/RWP/TPT/HMS&LMS/2013-14/02/2 Signature & Seal of tenderer

Vill.-Bela, P.O.-Arvind Nagar, Distt.-Saran, Bihar-841221

Tele Fax No. 06158-272144/272180

TENDER DOCUMENT

for

Transportation of Heavy Melting Scrap (HMS) Consisting of “Cond. Wheel

Discs/Centres and Cond. Axles” from various Railway Units to Rail Wheel

Plant, Vill.-Bela, P.O.- Arvind Nagar, Dist.- Saran, Bihar (for distance slab 501-

1000 KM)

Tender No. S/RWP/TPT/HMS&LMS/2013-14/02/2

Due on: 13/10/2015. No. of pages: 46

Tender to reach before (Closing Time): 14:00 Hrs.

Tender Opening Time: 14:15 Hrs

Cash Receipt No. Date:

Cost of the Tender Form: Rs.10,000/- (Rupees Ten Thousands only)

Tenderer’s Name………………………………………………………………………….

Address …………………………………………………………………………………

Phone/Fax No……………………………………………………………………………..

CONTENTS

_____________________________________________________________________________

Sl. No PART DESCRIPTION PAGE No.

1. PART-I OFFER LETTER 2

2. PART-II Instruction to Tenderers & 3 –13

Tender Conditions

3. Annexure-I to VII Part-II 14-20

4. PART-II A Declaration by tenderer 21

5. PART-II B Form of Tender 22-24

6. PART-III SPECIAL CONDITIONS

OF CONTRACT 25–37

7. Annexure-I, Part-III Form of Bank Guarantee Bond 38-39

Annexure-II, Part-III Mandate form 40

Annexure-III, Part-III Mandatory details to be filled 41

8. PART-IV PRICES & PAYMENT 42-43

9. PART-V SCHEDULE OF WORK 44

10. PART-VI LOCATION OF CONSIGNORS 45

11. PART-VII CHECK SHEET FOR BIDDERS 46

for Controller of Stores/RWP

Indian Railways



PART – I

OFFER LETTER

Tender No. S/RWP/TPT/HMS&LMS/2013-14/02/2 Due on:13/10/2015

Name of the Work: Transportation of Heavy Melting Scrap (HMS) Consisting

of “Cond. Wheel Discs/Centres and Cond. Axles” from various Railway Units to Rail Wheel Plant, Vill.-Bela, P.O.-

Arvind Nagar, Dist.- Saran, Bihar (for distance slab 501-

1000 KM) To

The President of India, Acting Through the Controller of Stores, Rail Wheel Plant, Administrative Building, 1STFloor, Stores Branch, Vill-Bela, PO –Arvind Nagar, Dist.-Saran-841221(Bihar).

1. I/We ______________________________________ have read the terms and conditions incorporated in this Tender document and agree to abide by the said terms and conditions. I/We also agree to keep this tender open for acceptance for a period of 120 days from the date fixed for

opening of tender and in failure thereof , I/We will be liable for forfeiture of my /our “Earnest Money” enclosed hereof.

2. I/We offer to execute the work in accordance with the terms and conditions incorporated in the tender document at the rates quoted in the Schedule of Rates& thereof.

3. I/We offer to complete the work in all respects within the stipulated Period of 12 months from the date of issue of Letter of Acceptance.

4. I/We also hereby agree to abide by the General Conditions of Contract of Indian Railway (GCC-

2014) as amended upto the opening date of this tender and to execute the work in accordance with the Special Conditions of Contract embodied in this Tender document.

5. A sum of Rs. 3,27,280/- (Rupees Three Lakh Twenty Seven Thousand Two Hundred Eighty only)

is submitted for the entire quantity herewith as the Earnest Money Deposit (EMD) by way of Cash Receipt in original / DD / Banker’s Cheque, Bearing No. ____________________ dated _______ drawn in favour of the FA&CAO/RWP, Bela on SBI or any Nationalized Bank. I/We are liable for

forfeiture of the full amount of the EMD without prejudice to any other right or remedies in case my/our tender is accepted and if I/We do not execute the Contract Agreement within 7 (seven) days of the date of intimation that the agreement is ready for execution.

6. Until the Contract Agreement is executed, the acceptance of this tender by the Railway Administration shall constitute to be a binding contract between me/us and Rail Wheel Plant, Bela, Saran, Indian Railways.

Date:__________________

(Signature & Seal of Tenderer's)

Address of the Tenderer(s)

Witnesses

1. Signature: ______________________ 2. Signature:______________________ Name :______________________ Name : _______________________ Address : ______________________ Address :________________________

Indian Railways



PART – II

INSTRUCTIONS TO TENDERERS & TENDER CONDITIONS

1.0 The Factory:

Rail Wheel Plant (RWP) is one of the Production Units of the Indian Railways, Ministry

of Railways, Government of India and, is engaged in manufacture of Wheels by casting for

Railway Rolling Stock. RWP is situated at Village- Bela, Block- Dariyapur, Dist-

Saran, BIHAR-841221.

2.0 Definitions:

i. The “Railway” shall mean the President of the Republic of India or the Administrative

Officers of the Railway or of the Successor Railway authorized to deal with any matters,

which these presents are concerned on this behalf.

ii. Rail Wheel Plant/Bela shall mean the “Railway” in these presents.

iii. The “Purchaser” shall mean the Rail Wheel Plant/Bela or the Railway in these presents.

iv. The “General Manager” shall mean the Chief Administrative Officer (CAO) and who is

the Officer-in-Charge of the General Superintendence and Control of Rail Wheel Plant/Bela.

v. The Controller of Stores (COS) shall mean the Officer-in-Charge of the Stores branch of

Rail Wheel Plant/Bela . COS shall substitute the “Chief Engineer” as defined in Clause 1

(c) of part-II (Standard General Conditions of Contract for Use in connection with

Engineering Works Definitions and Interpretation) of Regulation of Tender and Contract and General Conditions of Contract, 2014 of Indian Railway or latest.

vi. The Financial Adviser and Chief Accounts Officer (FA&CAO) shall mean the Officer-in-

Charge of the Accounts branch of Rail Wheel Plant/Bela .

vii. The “Contractor” shall mean the person or the Firm or the Cooperative Society or the

Company, whether in corporate or not, who enters into contract with the Railway and shall include their executors, administrators, successors and permitted assignees.

3.0 Title & Scope of Work:

Transportation of Heavy Melting Scrap (HMS) Consisting of “ Cond.

Wheel Discs/Centres and Cond. Axles” from various Railway Units to Rail Wheel Plant, Vill.-Bela, P.O.- Arvind Nagar, Dist.- Saran, Bihar (for distance

slab 501-1000 KM)

4.0 Singular & Plural: Words importing the singular number shall also include the plural and vice-versa, where

the context requires.

5.0 Headings & Marginal Headings:

The Headings and the Marginal Headings hereof are solely for the purpose of facilitating

reference and, shall not be deemed to be part thereof or be taken into consideration in the

interpretation of construction thereof or the contract.

6.0 The General Conditions of Contract: The terms and conditions embodied in this Tender Paper shall be read together with the

General Conditions of Contract (GCC) of Indian Railway (2014 or latest as amended)

wherever applicable. The GCC is available at the website now www.indianrailways.gov.in.

Indian Railways



Should there be any conflict between the terms and conditions incorporated herein and that

in the GCC, the impact of the former shall prevail over the latter.

All the powers vested with “Engineer” under the aforesaid GCC shall also be exercisable

under this contract by COS, Dy. CMM, SMM, AMM or any other authorized officer of

RWP/Bela.

7.0 Law Governing the Contract:

The Contract emerging from the finalization of the tender shall be governed by the law for

the time being in force in the Republic of India.

8.0 Sale of Tender Papers:

Tender Papers can be obtained from the office of Controller of Stores/RWP,

Administrative Building, Rail Wheel Plant, 1st Floor, Stores Branch , Vill-Bela, PO –

Arvind Nagar, Dist.-Saran-841221 (Bihar) from dt.13.09.2015 onwards on any working

day between 11.00 hrs.to 17.00 hrs. and upto 13.00 hrs. of due date of tender opening on

production of either money receipt issued by Chief Cashier/Chief Booking Supervisor,

Danapur/Patna/Hajipur and Sonpur, or DD from any nationalized / scheduled commercial

bank drawn in favour of FA&CAO/RWP, Bela for amount Rs.10,000/- (Rupees Ten

Thousands only). Tender documents can also be downloaded from the website

www.rwp.indianrailways.gov.in. Tenderers may download the tender documents from the

above website and must deposit the cost of tender document along with their offer in

form of demand draft in favour of the FA&CAO/RWP, Bela drawn on SBI/Hajipur or any

other Scheduled Bank, as a proof of having deposited the tender cost. In case any tenderer

wishes to obtain the tender document by post, Rs.500/- (Rupees Five Hundred) extra

towards postal charges should be sent vide demand draft in favour of FA&CAO/RWP,

Bela (in addition to cost of tender document) and payable at SBI/Hajipur.

9.0 Tenders Not Transferable:

Tender Papers shall not be transferable. The Tenderer shall submit their offer only in the

prescribed Tender Documents purchased or downloaded by them.

10.0 Signifying the Tender Paper: The Tenderer shall sign each one of the individual pages of the Tender Paper as an

expression of acceptance of the terms and conditions of this Tender.

11.0 Offer Validity:

The Tenderers shall keep their offer open for acceptance for a period not less than 120

days (One hundred & Twenty days) from the date of opening of the tenders.

12.0 Language for Tendering /Contracting:

The Tender shall be acceptable only in ENGLISH language. Tenders submitted in any

other language shall not be acceptable. All the correspondence pertaining to this Tender and the Contract emerging out of it, in any case, shall be in English.

13.0 Expression of Currency:

The expression of the currency of transaction shall be in the Indian Rupees.

14.0 Expression of Time:

The expression of time shall be in the Indian Standard Time.

http://www.workshopprojects.org/

Indian Railways



15.0 Earnest Money Deposit:

Tenderer shall deposit Earnest Money Rs.3,27,280/- (Rupees Three Lakh Twenty Seven

Thousand Two Hundred Eighty only) for the above work. The EMD is to be submitted

along with the tender (offer) for the due performance of the stipulation to keep the offer

open for acceptance till the expiry of the Validity Period specified at Clause (11) above.

Accordingly the validity of the instrument of the Earnest Money Deposit (EMD) shall be

coextensive/beyond the Offer Validity Period.

The EMD shall be submitted by the Tenderer along with their offers in any one of the

following valid forms:

(a) Deposit receipts, pay orders, demand drafts. These forms of earnest could be either of

the state bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Bank of India will be necessary.

(b) Deposit receipts executed by the Scheduled Banks (Other than the State Bank of

India and the Nationalized Banks) approved by the Reserve Bank of India for this

purpose. The Railways will not, however, accept deposit receipt without getting in writing the concurrence of the Reserve Bank of India.

(c) Earnest money may be accepted in the following forms:

i) A Deposit in Cash, ii) Government Securities at 5% below the market value,

iii) Deposit receipts or demand drafts of the Nationalized Banks,

iv) A deposit in the Post Office Saving Bank,

v) National Saving Certificates,

vi) Twelve Years National Defence Certificates,

vii) Ten Years Defence Deposits. viii) National Defence Bonds,

ix) National Saving Certificates,

x) Time Deposit Account which came into force on 16.03.1970 and notified under

Ministry of finance, Notification No.F3 (7)NS/70 dated 28.02.1970,

xi) IRFC Bonds. Note:- (vi) to (viii) These Certificates/Bonds may be accepted at their surrender value

NB:

Bank Guarantee Bonds shall not be acceptable as EMD.

Tenders not received with the requisite EMD in the valid form shall be rejected summarily. No interest shall be payable on the EMD. The entire amount of the EMD shall be forfeited in case a Tendered resiles from or

withdraws his offer. The EMD of the unsuccessful Tenderer(s) will be returned upon finalization of the Tender

and award of the contract to the successful Tenderer or upon discharge of the Tender.

16.0 Submission of Tenders:

16.1 The Tender shall be closed at 14:00 Hours (IST) on 13.10.2015. Accordingly the tenders

duly sealed and superscribed as “Tender for Transportation of Heavy Melting Scrap

(HMS) Consisting of “ Cond. Wheel Discs/Centres and Cond. Axles” from various

Railway Units to Rail Wheel Plant, Vill.-Bela, P.O.- Arvind Nagar, Dist.- Saran, Bihar

for distance slab 501-1000 KM)” shall be dropped in the prescribed tender box in the

office of Controller of Stores/RWP, Rail Wheel Plant, Administrative Building, 1st Floor,

Stores Branch, Vill-Bela, P.O.– Arvind Nagar, Dist.-Saran-841221 (Bihar) not later than

14:00 Hours (IST) on 13/10/2015.

Indian Railways



16.2 Tender may also be sent by registered post, but no tender which is received after due

date & time shall be considered.

16.3 Tenders shall be opened at 14:15 Hours on the same day i.e., on 13/10/2015. and at the

same venue i.e., the office of Controller of Stores, Rail Wheel Plant, Administrative

Building, 1st Floor, Stores Branch , Vill-Bela, PO – Arvind Nagar, Dist.-Saran-841221

(Bihar)

16.4 Tenders delayed/late on any account, Postal or otherwise, are liable to be rejected.

Tenders sent by Post shall be under Registered Cover with Acknowledgment due.

16.5 In case the due date of the Tender Closing /Opening happens to be a Holiday, the tenders

shall be Closed and Opened on the next working day at 14:00 Hours and 14:15 Hours

respectively at the same venue. No separate notice shall be issued in this behalf.

16.6 The EMD shall be submitted along with the tender as brought out vide above clause

(15). The offer of the tender, which are found not accomplished by the required EMD

during the tender opening, shall stand rejected summarily.

16.7 The tenderer shall submit their offers in one cover duly sealed and super scribed “Tender

No.” and “Tender for”. The tenders submitted in any other form shall not be acceptable.

Bids in any other form, telegraphic,facsimile,etc. shall not be acceptable.

16.8 If there is any ambiguity in the rates quoted in figures and words, the rates quoted in

words or the rate lesser of the two will be taken into consideration. Further, any

discrepancy in calculation of rates and taxes, the all-inclusive rate quoted will be

considered.

17.0 Omission or Discrepancies:

Should a tenderer find discrepancies or omissions in the Tender Papers or should he be in

doubt as to their meaning, he shall at once notify the authority inviting the Tenders and

obtain a written clarification in that behalf. It shall be understood that the successful

Tenderer shall take upon himself and provide for the risk of any error, which may

subsequently be discovered and, shall make no subsequent claim on account thereof.

18.0 Right of the Railway to deal with the Tenders:

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 no

tenderer(s) shall demand any explanation for the cause of rejection of his/their tender nor

does the Railway undertake to assign reasons for declining to consider /reject any

particular tender(s). The Railway reserves the right to accept /reject any/all tenders in whole or in part without assigning reasons therefore.

19.0 Submission of Wrong Information:

If the tenderer(s) deliberately give(s) wrong information in his/their tender or create(s)

circumstances for the acceptance of his/their tender, the Railway Administration reserves right to reject such tender(s) at any stage.

20.0 Expiry of tenders:

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

of his/their tender, the Railway/RWP shall deem such tender cancel. If a partner of a firm

expires after the submission of its tender or after the acceptance of its tender, the

Railway/RWP shall deem such Tender as cancelled unless the firm retains its character.

Indian Railways



21.0 Confidentiality of Tender:

The tenderer shall treat the contents of his tender as private and confidential. He shall also treat the prices quoted by him as strictly confidential until the tenders are opened.

22.0 Tenderer’s Credential:

The tenderer shall have the following minimum eligibility criteria and submit adequate proof for the same along with the tender.

1. Should have completed in the last

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

At least one *similar single work, for a

minimum value of 35% of the advertised tender value of work.

2. Total contract amount received

during the last three financial years and in the current financial year.

Should be a minimum of 150% of advertised tender value of work.

*Similar work’ is defined as: “Any transportation of goods” by road i.e.

through lorries/trucks/trailers/containers etc.

(a) Note:-

1. The Certificate(attested) from Employer/Client, Audited balance Sheet duly certified by Charted Accountant etc., is to be produced along with the tender document.

2. Similar nature of works physically completed within the qualifying period i.e. the last

three financial years and current financial year shall only be considered in evaluating

the eligibility criteria.

3. The total value of similar work completed during the qualifying period and not the payments received within qualifying period alone, shall be considered.

In case, the final bill of similar nature of work has not been passed, paid amount

including statutory deductions is to be considered if final measurements have not been

recorded OR if final measurements have been recorded and work has been completed with negative variation..

However, if final measurements have been recorded and work has been completed with

positive variation but variation has not been sanctioned, original agreement value of the

work shall be considered for judging eligibility.

4. In the case of composite work involving combination of different works, even separate

completed works of required value should be considered while evaluating the eligibility criteria.

(b) NOTE: Tenderers are advised to attach documents testifying the credential submitted by

them as shown below:

1) List of works completed in the last three financial years giving description of work,

organization for whom executed, approximate value of contract at the time of award,

date of award and date of schedule completion of work. Date of actual start, actual

completion and final value of contract should also be given. (As per enclose Annexure-

I, Part-II)

2) List of work on hand indicating description of works, contract value, and approximate

value of balance work yet to be done and date of award. (As per enclose Annexure-I, Part-II)

Indian Railways



(c) Note: To support the information furnished, tenderers shall submit the following

documents:

1) Attested contract agreement copies/order copies.

2) Certificate from the Organizations/firms confirming with whom the firm has

executed the works/being executed on hand as listed on hand as listed in the

statements and amount of payment made towards the works executed.

Note: Certificates from private individuals for whom such works are executed shall not be acceptable.

3) Audited balance sheet duly certified by charted accountant for the period 2012-13,

2013-14, 2014-15 and current year with another specific certificate from your

Charted Accountant giving the details of amount received towards transport

contract/works during the period 2012-13, 2013-14, 2014-15 and current year. (Last

3 Years and current year)

4) Submit complete set of organization, break-up of type of employees like supervisors,

helpers etc. Also number of employees in each type and the number of employees

proposed to be engaged in various categories for the subject work. (As per enclose

Annexure-VII, Part-II).

5) List of Plant and Machinery available on hand (own) and proposed to be inducted

(own and hired to be given separately) for the subject work.(As per enclose

Annexure-VI, Part-II).

6) Should possess sufficient number of Trucks/Lorries/Trailers with National Permit.

Proof for the same to be submitted. Should possess minimum 5 (five) Trucks/Lorries/

Trailers.

7) Should submit a declaration that, they will arrange for transport (Trucks/Lorries/

Trailers) as and when required at short notice.

8) Should have a local office in Patna with good communication facilities like

telephone/Fax.

9) Should have a their own Branch Office or their authorized agents in all major cities

with brief particulars.

(d) Note:- Participation of Joint Venture (JV) Firms in works Tender-

Not applicable/Not allowed.

23.0 Signing of Tenders:

Any individual(s) signing the tender or other documents connected therewith should

specify whether he is signing.

i as sole proprietor of the concern or Attorney of the sole proprietor;

ii as a partner or partners of the firm;

iii as a Director, Manager or Secretary in the case of Limited Company duly

authorized by a resolution passed by the Board of Directors or in pursuance of the

authorized conferred by Memorandum of Association.

iv In the case of a firm not registered under the Indian Partnership Act in force for

the time being, all the Partners or the Attorney duly authorized by all of them

should sign the tender and all other connected documents.

Requisite power of Attorney or such other documents empowering the individual or

individuals to sign should be furnished to the Railways for verification if required.

Indian Railways



The Railways will not be bound by any power of attorney granted by the tenderer or by

change 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.

24.0 Employment, Partnership etc., of Retired Railway Employees:

a. Should a tenderer be retired Officer of Gazetted rank or any other Gazetted officer in the

executive or administrative capacity or whether holding a pensionable post or not in the

any of the departments 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 one of its

partners a retired Gazetted Officer as aforesaid, or should a tenderer being in incorporated

company have any such retired officer as one of the /its directors, or should a tenderer have

in his employment from any retired Gazetted officer from the said service and in cases

where such Officer had not retired from Government Service at least two years prior to the

date of the 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 employment under the contractor, has been

obtained by the tenderer or the Officers as the case may be from the President of India or

any officer duly authorized by him in this behalf, shall be clearly stated in writing at the

time of submitting the tender. Tenders without the information as referred retired Gazetted Officer is so associated with the tenderer, as the case may be, shall be rejected.

b. Should a tenderer /contractor being an individual on the list of the approved contractors,

have a relative employed in Gazetted capacity in any department of the Railways or in the

case of partnership firm or company incorporated under the Indian Company Law, should

a partner or a relation of the partner or a share-holder or a relative of share holder be

employed in Gazetted capacity in any department of the Railways, the authority inviting

tenders shall be informed of the fact at the time of submission of tenders, failing which the

tender may be rejected or if such fact subsequently comes to light, the contract may be

rescinded in accordance with the provisions laid down in the GCC.

25.0 Illegal Gratification:

Any bribe, commission, gift or advantage given, promised or offered by or on behalf of the

Contractor or his partner, agent or servant, or anyone on his behalf, to any officer or

employee of the Railway, or to any person on his behalf in relation to obtaining or

execution of this or any other contract with the Railway shall, in addition to any criminal

liability which he may incur, subject the Contractor to the rescission of the Contract and all

other contracts with the Railway and to the payment of any loss or damage resulting from

such decision and the Railway shall be entitled to deduct the amounts so payable from any money due to Contractor(s) under this contract with the Railway.

The Contractor shall not lend to or borrow from or have or enter into any monetary

dealings or transactions either directly or indirectly with any employee of the Railway and

if he shall be entitled forthwith to rescind the Contract and all other Contracts with the

Railway. Any dispute or question as to the commission or any such offence or

compensation payable to the Railway under this clause shall be settled by the General

Manager of this Railway in such a manner as he shall consider fit and sufficient and his

decision shall be final and conclusive. In the event of rescission of the contract under this

clause, the Contractor will not be paid any compensation whatsoever except payment for

the work done upto the date of rescission.

Indian Railways



26.0 Arbitration:

26.1 Matters finally determined by the Railway:

All disputes and differences of any kind whatsoever arising out of or in connection with the

contract, whether during the progress of the work or after its completion and whether

before or after the determination of the contract, shall be referred by the contractor to the

GM and the GM shall within 120 days after receipt of the Contractor’s representation make

and notify decisions on all matters referred to by the contractor in writing provided that

matters for which provision has been made in Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55,

55-A(5), 57, 57A, 61(2) and 62(1) to (xiii)(B) of General Conditions of Contract or in any

clause of the special conditions of the contract shall be deemed as ‘excepted matters’

(matters not arbitrable) and decisions of the Railway authority, thereon shall be final and

binding on the contractor; provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the arbitration clause.

26.2 Demand for Arbitration:

In the event of any dispute or difference between the parties here to as to the construction

or operation of this contract, or the respective rights and liabilities of the parties on any

matter in question, dispute 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 decision within 120 days, then and in any such case, but except

in any of the ‘excepted matters’ referred to in Clause 63 of GCC-2014 (or latest), the

Contractor, after, 120 days but within 180 days of his presenting his final claim on

disputed matters, shall demand in writing that then dispute or difference be referred to arbitration.

The demand for arbitration shall specify the matters, which are in question or subject of

the dispute or difference as also the amount of claim item-wise. Only such dispute(s) or

difference(s) in respect of which the demand has been made, together with counterclaims

or set off, given by the Railway, shall be referred to arbitration and other matters shall not

be included in the reference.

The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the Railway.

The claimant shall submit his claim stating that the facts supporting the claims along with

all relevant documents and the relief or remedy sought against each claim within a period

of 30 days from the date of appointment of the Arbitral Tribunal.

The Railway shall submit its defense statement and counter claim(s), if any, within a

period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise extension has been granted by Tribunal.

No new claim shall be added during proceedings by either party. However, a party may

amend or supplement the original claim or defence thereof during the course of

arbitration proceedings subject to acceptance by Tribunal; having due regard to the delay in making it.

If the Contractor(s) does/do not prefer his/their specific and final claims in writing,

within a period of 90 days of receiving the intimation from the Railways, that the final

bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and

Indian Railways



the Railway shall be discharged and released of all liabilities under the contract in respect of these claims.

26.3 Obligation during pendency of arbitration:

Work under the contract shall unless otherwise directed by the engineer, continue during

the arbitration proceedings and no payment due or payable by the Railway shall be

withheld on account of such proceedings, provided, however, it shall be open for

Arbitrary Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

In cases where the total value of all claims in question added together does not exceed

Rs. 25,00,000/- (Rupees Twenty Five lakh only), the Arbitral Tribunal shall consist of a

Sole Arbitrator who shall be a Gazetted Officer of Railway not below the Grade of JA

Grade nominated by the General Manager. The Sole Arbitrator shall be appointed within

60 days from the day when GM receives a written and valid demand for Arbitration.

In cases not covered by clause 64(3)(a)(i) of GCC-2014 (or latest), the Arbitral Tribunal

shall consist of a panel of three Gazetted Railway officers not below J.A. Grade 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 purpose, the Railway will

send a panel of more than 3 names of Gazetted Railway Officers of one or more

Departments of the Railway, which may also include the name(s) of retired Railway

Officer(s), empanelled 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 Manager upto 2 names out of the panel for

appointment as Contractor’s nominee within 30 days from the date of despatch of the

request by the Railway. The General Manager shall appoint at least one out of them as

the Contractor’s nominee and will also simultaneously appoint the balance number of

Arbitrators either from the panel or from outside the panel, duly indicating the ‘presiding

Arbitrator’ from amongst the 3 Arbitrators so appointed. GM shall complete this exercise

of appointing the Arbitral Tribunal within 30 days from the receipt of the names of

contractor’s nominees. While nominating the Arbitrators it will be necessary to ensure

that one of them is from Accounts Department. An Officer of Selection Grade of the

Accounts Department shall be considered of equal status to the Officers in SA Grade of

other Departments of the Railway for the purpose of appointment of Arbitrators.

If one or more of the Arbitrators appointed as above refuses to act as Arbitrator,

withdraws from his office as Arbitrator, or vacates his/their office/offices or is/are unable

or unwilling to perform his functions as Arbitrator for any reason whatsoever or dies or in

the opinion of the General Manager fails to act without undue delay, the General

Manager shall appoint new Arbitrator/Arbitrators to act in his/their place in the same

manner in which the earlier Arbitrator/Arbitrators had been appointed. Such reconstituted

Tribunal may, at its discretion, proceed with the reference from the stage at which it was

left by the previous Arbitrator(s).

The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or

otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties

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.

While appointing arbitrator(s) as said above, due care shall be taken that he/they is /are

not the one/those who had an opportunity to deal with the matters to which the contract

relates or to who in the course of his/their duties as Railway Servant(s) expressed views

Indian Railways



on all or any of the matters under dispute or differences. The proceedings of the Arbitral

Tribunal or the award made by such Tribunal will however, not be invalid merely for the

reason that one more Arbitrator had in the course of his service, opportunity to deal with

the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute.

The Arbitral award shall state item-wise, the sum and reasons upon which it is based.

A party may apply for corrections of any computational errors, any typographical or

clerical errors or any other error of similar nature occurring in the award and the

interpretation of a specific point of award to Tribunal within 30 days of receipt of the award.

A party may apply to Tribunal within 30 days of receipt of award to make an additional

award as to claims presented in the Arbitral proceedings but omitted from the Arbitral

award.

In case of the Tribunal consisting of three members, any ruling or award shall be made by

a majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail.

Where the Arbitral award is for the payment of money, no interest shall be payable on

whole or any part of the money for any period till the date on which the award is made.

The cost of Arbitration shall be borne by the respective parties. The cost shall inter-alia

include fee of the Arbitrator(s) as per the rates fixed by the Railway Administration from time to time.

Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the

rules there-under and any statutory modifications thereof shall apply to the Arbitration

proceedings under this clause.

27.0 Addresses for Correspondence:

The addresses of the offices for correspondence in relation to this Tender are furnished hereunder:-

Controller of Stores, Rail Wheel Plant, Administrative Building, 1stFloor, Stores Branch, Vill-Bela, PO–Arvind Nagar, Dist.-Saran-841221 (Bihar).

EMD/SD etc., and other financial matters:-

Financial Adviser & Chief Accounts Officer, Rail Wheel Plant , Administrative Building, Ground Floor, Accounts Branch, Vill-Bela, PO–Arvind Nagar, Dist.-Saran-841221 (Bihar).

28.0 EX. RAILWAY OFFICERS AS TENDERER (S): Should a Tenderer be, himself, a

retired employee having held a Gazetted rank in any of the Railways, owned and

administered by the President of India, or should a Tenderer, being a partnership firm,

have, as one or more of its partners, such retired employee(s) as aforesaid, or, should the

tenderer being an incorporate company, have any such person(s) as aforesaid, as its

Director(s), or, should the tenderer have, in his employment, any person(s), as aforesaid,

full information of such person(s) shall be submitted in Annexure – III mentioned in

Part-II of these tender documents. Further, in cases, where such a person(s), as

aforesaid, has retired from the Railway service within two years of the date of opening of

the Tender, the Tenderer(s) shall furnish a copy of the permission of the President of

India, permitting such a person(s), as aforesaid, to associate himself with the Tenderer(s),

in any of the capacity as aforesaid, in the aforesaid Annexure-III.

Indian Railways



29.0 TENDERER (S) RELATIVE EMPLOYED AS GAZETTED OFFICER

In case of a tenderer(s) being an individual having a relative(s) employed in any gazetted

capacity in the East Central Railway Rail Wheel Plant of Indian Railway or in the case of

partnership firm/or company incorporated under the Indian Company law, should any

partner(s) /Director(s) or relatives of the partner(s) / Director(s) or share holder (s), be

employed in any gazetted capacity in the East Central Railway, Rail Wheel Plant of

Indian Railway detailed information about such Gazetted employee(s) shall also be

furnished in the aforesaid Annexure III of Part-II.

30.0 TESTIMONIALS:

(i) The tenderer(s) shall submit along with the tender(s), the particulars of all works awarded

or taken up by him for execution during the 3 years preceding the date of opening of this

tender, irrespective of whether the same have been completed or are still continuing or were terminated, in the proforma enclosed as Annexure-I in Part-II.

(ii) The figures of cost indicated in the proforma at Annexure-I will not include the cost of

materials supplied free of cost by the client to contractor.

(iii) The said proforma should be filled up by the tenderer in respect of all the works done by him for the Railways or for any other Central/State/PSU or any Govt. organization.

(iv) The tenderer shall submit photocopies of certificates and testimonials from the

clients/departments to establish the correctness of the data given by him in the aforesaid

performa, and also certificates certifying satisfactory Performance and completion of

works. The Railway reserves the right to verify the correctness of such data in such a manner they consider fit and appropriate.

(v) The details of contractual receipts shall be filled in Proforma as per Annexure –II in Part-

II.

(vi) The tenderer(s) shall also enclose bank certificates showing the financial stability to

undertake work of such magnitude as is covered by this tender.

(vii) The tenderer(s) shall also submit a list of court cases filed and number of arbitration

cases in progress as demanded by him from the Railway or other clients during 5 years

preceding the date of opening of this tender as per Annexure-IV & V of Part-II. In the

event of the tenderer not giving this information the railway shall compile such data in

the said format from available records and the tenderer(s) shall have no right to question the correctness or completeness of such data.

31.0 TENDERER’S POSTAL ADDRESS:

(i) Every tenderer shall state in the tender, his complete postal address, E-Mail ID, name and

contact numbers of key personnel fully and clearly in Part-II B- “Form of Tender”. Any

communication sent in time to the Tenderer by post at the said address shall be deemed to

have reached the Tenderer duly and in time. Important documents shall be sent by

Registered post/Speed Post.

(ii) CHANGE OF ADDRESS: The Tenderer must keep the Railway informed of any

change of address during the currency of tender of work in his own interest.

Indian Railways



Annexure-I

Part II

Format for furnishing information as per Clause 22 of Part II

i) List of completed transport contracts in last 3 financial years and Current year S.No. Name of the

organisation for whom

executed

Contract

No.

Description

of work

Approx. Value

of the contract at the time of

award (Rs)

Date

of award

Date of

schedule of completion

of work

Date of

Actual start

Date of Actual completion

ii) List of transport contracts on hand S.No. Name of the

organisation for

whom executed

Contract

No.

Description of

work

Approx. Value of

the contract at

the time of award

Date of

award

Date of

schedule of

completion of

work

Date of

Actual

start

Value of work completed so

far (Rs)

Indian Railways



Annexure-II

Part II

DETAILS OF CONTRACTUAL PAYMENTS RECEIVED

(i.e current year and last three financial years)

Sl.

No.

Name of employer/CA

issuing

certificate/document

Year for which

Issue

Amount for

which issued

Supporting

Document

1

2

3

4

Indian Railways



Annexure-III

Part II

DECLARATION REGARDING ASSOCIATION OF RLY. OFFICER(S)/RETIRED

RLY. OFFICER(S) WITH TENDERER(S)

Sl.

No.

Name Status

with the

tenderer

If working in

Rly on the date

of tendering,

designation &

place of posting

Date of

retirement

Status at

retirement

Particulars of

permission taken

for associating

with the tenderer

1 2 3 4 5 6 7

1

2

3

4

5

6

7

Indian Railways



Annexure –IV

Part II

LIST OF COURT CASES DURING LAST 5 YEARS.

Sl.No. Name of

work

Value of

work

Name

of

Client

Dep’t.

Name of

the

Court

Date of

institution

of case.

Relief

sought

from

court.

Brief

reason of

dispute

Final / Present

position of the

case

1

2

3

4

5

Indian Railways



Annexure –V

Part II

LIST OF ARBITRATION CASES DURING LAST 5 YEARS.

Sl.

No.

Name of

work

Value

of work

Name of

Client

Dep’t.

Amount

and date

of claim

preferred

Claim

of

Dep’t. If

any.

Brief reasons

of disputes

Final / Present

position of the case

1

2

3

4

5

Indian Railways



Annexure –VI

Part II

DETAIL OF EQUIPMENTS

Sl.

No.

Description

of

equipments

Numbers

available

Detail of

purchase

Date of

manufacture

Material How

driven (i.e.

Petrol/

Diesel/

Electric.)

Condition of

the

equipment

Where the

equipment can

be inspected

1 2 3 4 5 6 7 8 9

1

2

3

4

5

6

Indian Railways



Annexure-VII

Part II

DETAILS OF TECHNICAL PERSONNEL

Sl.No Name Age Technical

Qualification(s)

Position

with the

tenderer

Commencement

of present

employment

Total

experience

Emoluments

1 2 3 4 5 6 7 8

1

2

3

4

5

6

Indian Railways Rail Wheel Plant / Bela


PART-II A

DECLARATION BY THE TENDERER

Tender No.S/RWP/TPT/HMS&LMS/2013-14/02/2 dt.

1. The tender document enclosed contains pages……… (…….. No of pages containing tender documents and ………. No of pages of enclosure). All the pages have been signed by me.

2. Details of cost of tender document:-

SN. Cost of tender

document

Details of Demand

Draft/Money

Receipt/Demand Pay

Order and date

Name of the

issuing bank with

address

Validity of

DD/DPO

3. Details of Earnest Money :-

SN Amount of

Earnest Money

Details of Demand

Draft/Money

Receipt/Demand Pay

Order, Fixed Deposit

etc. as per admissible in

tender document and

date

Name of the

issuing authority

with address

Validity of the

instrument

4. Details of Bank account No:-

SN Name of the Bank with address Bank Account no.

5. Permanent Account No (PAN) :-

Name and style of Account holder Permanent Account No (PAN)

Witness:

1. Signature of Tenderer(s)

2. Date: ...............................



PART-II B

LETTER OF APPLICATION BY THE TENDERER

“FORM OF TENDER”

Tender No. S/RWP/TPT/HMS&LMS/2013-14/02/2. dt. Dated :_______________ From: ___________________________ Full Address : __________________________________________

_____________________________________________________ To

Name of Work: Transportation of Heavy Melting Scrap (HMS) Consisting of “Cond. Wheel

Discs/Centres and Cond. Axles” from various Railway Units to Rail Wheel Plant, Vill.-Bela, P.O.- Arvind Nagar, Dist.- Saran, Bihar (for distance slab 501-1000 KM)

WHERE AS the President of India acting through the Rail Wheel Plant/Bela, Administration and their

authorized officers have invited sealed tenders for the above mention work. 1. AND WHERE AS I/We ______________________________________________________

___________________________________________________ have read the Tender Notice pertaining to the aforesaid Tender.

2. AND WHERE AS I/We, ______________________________________________________

________________________________________________ have obtained these tender documents

from Camp office of Controller of Stores, Rail Wheel Plant Bela, Administrative Building, 1st Floor, Stores Branch, Vill-Bela, PO – Arvind Nagar, Dist.-Saran-841221(Bihar).

3. AND WHERE AS I/We, ______________________________________________________

___________________________________ have perused these tender documents and have visited the site and have satisfied ourselves as to the nature of work and the site condition.

4. AND WHERE AS I/We ______________________________________________forward a sum of Rs____________________________________________________ towards the Earnest

Money in one or more of the following forms:- *(i) Deposit in cash with Divisional Cashier / East Central Railway, Danapur or Sonepur and

attach herewith the money receipt No. ______________________ dated______________ obtained there from.

Controller of Stores, Rail Wheel Plant, Administrative Building 1st Floor, Stores Branch, Vill-Bela, PO–Arvind Nagar, Dist.-Saran-841221(Bihar).



*(ii) Deposit receipt, or Pay Order, or Demand Draft from ____________________ Bank for a sum of Rs ____________________ in favour of Financial Adviser & Chief Accounts Officer/RWP, Bela and endorse Account payee and valid up to ________________________.

5. AND WHERE AS I/We, _____________________________________________________

_______________________________ understand that the above mentioned total Earnest Money has

been deposited subject to the stipulation made in this tender document. 6. AND WHERE AS my / our address for all communication shall be as under-

_______________________________________

_______________________________________

_______________________________________

_______________________________________

7. AND WHEREAS I/We, ____________________________________________________ _______________________________________ state that in the event of this offer being unsuccessful,

the aforesaid total Earnest Money deposited by us may be refunded to us through EFT/ECS/RTGS/NEFT payment as per details given in MANDATE form.

8. AND WHERE S I/We, ______________________________________________________ ___________________________________________________________ here by sign those tender documents by virtue of the legal authorities vested with me / us to tender into commitment on behalf of the tenderer / tenderer(s), documentary support where of is enclosed.

9. Now. Therefore, I/We, _______________________________________________________

____________________here by submit these tender as an offer for doing the work defined in those

documents at the rate quoted in the schedules contained herein, and special conditions and rates given in the covering letter*.

10. It is certified that all the statements made in this offer and also in the required alterations are true and

correct. 11. This application is made in the full understanding that:

(a) The offer by the tenderer(s) will be subject to verification of all information submitted with this

tender document.

(b) Your Railway reserves the rights to :-

Amend the scope and value of contract at any moment’

Reject or accept this offer, and reject all applications / offers without any financial

liability.

(*) Strike out whichever is not required.

Signature of Tenderer(s)

Date ________________



Witness on behalf of Tenderer. 1. Signature __________________________________________________

Name & Address __________________________________________________

__________________________________________________

2. Signature __________________________________________________

Name & Address __________________________________________________

__________________________________________________

3. Signature __________________________________________________ Name & Address

____________________________________________________

________________________________________________________



PART-III

SPECIAL CONDITIONS OF CONTRACT

1. THE SPECIAL CONDITIONS AND GENERAL CONDITIONS OF CONTRACT: These Special Conditions of Contract (SCC) shall be read together with the terms and conditions

incorporated in this tender paper and General Conditions of Contract (GCC). Should there be any

conflict between the provisions of the SCC hereof and that of GCC, the impact of the former shall

prevail over the latter.

2. SCOPE OF WORK:

DESCRIPTION OF WORK QTY.

(in MT-KM)

Transportation of Heavy Melting Scrap (HMS) Consisting of “Cond.

Wheel Discs/Centres and Cond. Axles” from various Railway Units to

Rail Wheel Plant, Vill.-Bela, P.O.- Arvind Nagar, Dist.- Saran, Bihar (for

distance slab 501-1000 KM)

1,04,00,000

Note:-

1. Heavy Melting Scrap (HMS) consisting of Cond. Wheel discs/Centres and Cond. Axles;

2. The above materials are required to be transported from Various Railway Units of Indian

Railway to Rail Wheel Plant, Bela, Block–Dariyapur, Distt.–Saran, Bihar-841221 as per

quantities indicated above.

3. Tenderers are requested to go through the Special Conditions before submitting their tender.

4. Loading will be done by the consignor at consignor’s place and unloading by consignee at

RWP/Bela/Saran/Bihar.

5. The Transporter shall supervise and co-ordinate for proper loading of consignment,

transporting the same to destination and unloading at the ultimate consignee’s end.

6. The Transporter shall provide transport vehicles required for efficiently performing the

whole work under this tender. The contractor shall provide adequate and suitable supervision

of all labour employed by him.

7. Evaluation Criteria: Inter-se-position/ranking of offers shall be determined schedule-wise.

3.0 CURRENCY OF CONTRACT:

The currency of contract shall be 12 months from the date of issue of letter of

acceptance. However, Railway administration reserves the right at their sole discretion,

which shall be final and binding, to extend the currency of the contract for further

period up to 06 (Six) months at same rate, terms and conditions. Further extension of

currency of contract shall be as per GCC-2014 (or latest).

4. CARRIERS RISK AND INSURANCE COVERAGE DURING TRANSPORTATION: a) The material is to be transported on carrier’s risk. To cover the transit risk of items handed

over, the transporter shall take all necessary steps as deemed fit by him(i.e. to cover insurance

of the materials, etc.).



b) The transporter shall supervise and co-ordinate for proper loading of scrap and transporting

the same to destination in good condition.

c) In case of any mishap to consignment during his possession the transporter shall inform both

the consignee and consignor immediately about the complete detail of the mishap and extent

of loss/damage.

d) The contractor shall produce or cause to be produced the BLUE BOOK for the vehicle to be

used by him in the loading points for loading of materials.

e) The contractor shall be responsible for providing Insurance coverage for the value of the

consignment. The premium should be borne by the transporter.

f) The transporter shall be responsible for any discrepancies found at destination, in

respect of weight, measurements, quantities of consignment.

g) Once the material is accepted for transportation by the transporter, they will be deemed to

have been handed over by the consignor in good condition, unless the transporter points out

any defects whatsoever at the time of taking delivery from the consignor at the loading point.

5. QUANTITY:

i) The quantity indicated is only approximate and indicative. There is no guarantee for the

quantity tendered.

The successful tenderer shall transport the full quantity assigned irrespective of the station

subject to availability within the contract period. Quantity of one destination can be

increased/decreased depending upon availability of material.

ii) Railway Administration reserves the right to reject/accept any or all or split the tender as

deemed fit in the interest of the administration without assigning any reason whatsoever.

iii) Railway Administration reserves the right to cancel or reduce the quantity without

assigning any reason for such action. Payment shall be made for the actual quantity

executed.

6. VARIATION IN QUANTITY:

The procedure detailed below shall be adopted for dealing with variations in quantities during

execution of works contracts:

6.1 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.

6.2 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:



(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 upto 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 upto 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% of the overall agreement 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.

6.3 In cases where decrease is involved during execution of contract:

(a) The contract signing authority can decrease the items upto 25% of individual item

without finance concurrence.

(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the

approval of an officer not less than rank of S.A. Grade may be taken, after obtaining 'No

Claim Certificate' from the contractor and with finance concurrence, giving detailed

reasons for each such decrease in the quantities.

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

same work.

6.4 The limit for varying quantities for minor value items shall be l00% (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.

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

6.6 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).

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

by the authority in whose powers revised value of the agreement lies.

6.8 For tenders accepted by General Manager, variations upto 125% of the original agreement

value may be accepted by General Manager.

6.9 For tenders accepted by Board Members and Railway Ministers, variations upto110% of the

original agreement value may be accepted by General Manager.



6.10 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.

7. WEIGHMENT & PAYMENT:

The consignment on arrival will be weighed at RWP/Bela/Saran/Bihar.

7.1 A detailed description of the material loaded on the truck with quantity/no. of pieces and

weight should be indicated in the LR.

7.2 The weighment of the consignment, checking the description of the items unloaded from the

truck with quantity of each item shall be done at consignee end at RWP/Bela and shall be duly

witnessed by Railway Representatives, Consignee and Tenderer or his authorized

representative. The weighment shall be done on the weigh-bridge available in the premises of

RWP/Bela/Saran. The weighment shall be final and binding on the tenderer. Proper

acknowledgment shall be obtained by the tenderer for correct delivery of the consignment with

respect to description, quantity and weight, duly signed by the Railway Representatives and

Tenderer or his authorized representative. In case of breakdown of Railway Weighbridge, the weighment will be made on outside Dharamkanta.

7.2.1 In transportation of HMS, if weighment facility is not available at loading point, then the LR

will record the number of wheel sets/discs/Axles, etc. with its average approximate weight and

the weight recorded at RWP/Bela shall be final and binding.

7.3 If the weight recorded at consignee end is higher than the weight recorded in LR, then, the

recorded weight in LR will be considered for arranging payment.

7.4 If the weight recorded at consignee end is less than the weight recorded in LR, then, the

number of pieces of condemned wheel discs/wheel set/wheel centre/Axle as indicated in the

LR will be counted and if found equal, then the payment will be arranged as per the weight

received at consignee end. In such an event, it is the duty of the transporter to clearly get the

description of the item loaded into the trucks mentioned in the LR.

7.5 In case of any shortages whatsoever, besides not paying the freight charges on such

consignments, the value of the materials short received will also be recovered from the

contractor. In case of Shortage to consignments, the transporter shall arrange for Open

Delivery Certificate.

7.6 Open Delivery Certificate shall be issued by the transporter or his representative preferably at

the time of delivery of consignments or within three days after delivery, failing which, loss

incurred due to short delivery will totally be recovered from the transporter without

further notice.

7.7 However issue of Open Delivery Certificate does not absolve the responsibi lity of the

transporter of safe delivery of the consignments handed over to them for transport to the

consignee and recovery thereof.

8. DELIVERY PERIOD AND PENALTY:

The material should be delivered to the Consignee within 10 (Ten) days from the last date of

loading, failing which, a Penalty of 1/2% (Half a percent) for each week or part of the week, of



total value of the delayed consignment will be levied and recovered from the contractor’s bill

for the delayed period.

9. TRUCKS AVAILABILITY AND PENALTY:

The trucks which have All India Permit needs to be deployed and should be readily available

and supplied on demand within 72 hours from the time of intimation for the demanded quantity

from the COS/Rail Wheel Plant, failing which, a penalty of Rs. 1000/- (Rupees One

Thousand only) per day, per truck for the delay on part of contractor, subject to

maximum of Rs. 10,000/- per occasion will be levied and recovered from the Contractor’s bill

for delay in supply of Trucks as demanded. Besides above penalty, if the transporter fails to

deliver/lift the material within the stipulated period, Railway Administration reserves the right

to take steps as it deems fit for transportation and delivery of the material. The extra cost borne

by Railway Administration towards this will be recovered from the transporter.

10. TRANSHIPMENT:

NO TRANSHIPMENT IS PERMITTED. Trucks having All India permit only should be used

for loading and transportation.

The contractor should be prepared to work during night hours and during holidays, if so

required.

In case of accident/eventuality, which require transshipment en-route, approval from Railway

Administration will be obtained before transshipment is carried out.

11. TENDERER TO APPEAR IN CURRENT PANEL OF IBA:

Name of the tenderer should appear on IBA's (Indian Bank Association) list of

recommended transport operators and the relevant document and the proof for the same should accompany their offer.

12. INDEMNITY:

The Contractor shall at all times indemnify the Railway Administration against all

claims/losses/damages/penalty which may arise owing to breach of terms & conditions

mentioned herein and / or owing to any sort of act of commission or omission (including

overloading)on the part of the contractor during the currency of contract.

13. SECURITY DEPOSIT:

The successful tenderer shall have to remit 5% of the total value of the contract as SD for

the fulfillment of the contract. The SD amount will be intimated to the tenderer through

the Letter of Acceptance.

The Earnest Money deposited by the Contractor with his tender will be retained by the

Railways as part of security for the due and faithful fulfillment 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 tenderer 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 the amounts so retained may not exceed 10% of the total value of the contract.



Unless otherwise specified in the Special Conditions, if any, Security Deposit/rate of

recovery/mode of recovery shall be as under:-

i. SD for each work should be 5% of the contract value;

ii. The rate of recovery should be at the rate of 10% of the bill amount till the full SD is recovered; and

iii. SD 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 Bank Guarantee (BG), Fixed Deposit

(FD) etc., shall be accepted towards SD.

SD shall be returned to the Contractor after 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 lower than JA Grade

Officer, SMM/AMM (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 dues from the

contractor to Railways against the contract concerned. Before releasing the SD, an

unconditional, unequivocal ‘No Claim Certificate’ from the tenderer concerned should be

obtained. No interest is payable on the SD.

14. INDEMNITY BOND:

The successful tenderer shall be required to execute Indemnity Bond for 10% of the cost of

material before commencement of work.

15. PERFORMANCE GUARANTEE: 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 upto 60 days from the date of issue of LOA may be given

by the Authority who is competent to sign the contract agreement. However, 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 Bankof 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;

(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 (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 upto thes stipulated date of completion plus 60 days beyond that. In

case, the time for completion of work gets 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 upto 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 encashed. 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.



16. OPTION CLAUSE: Railway Administration reserves the right to extend the period of Contract by up to 6 Months

at the same rate, terms and conditions of Contract. Any further extension of currency of

contract will be done with mutual consent between Railway and the contractor.

17. The term contractor/transporter are used interchangeably and mean the same.

18. WORKMEN COMPENSATION ACT ETC: The contractor shall be bound to observe and act up to provisions of the Workmen

Compensation Act,the payment of Wages Act, the Factories Act, or all other enactments like

Employment of Children’s Act etc., that may be made applicable to the aforesaid contract

work from time to time. He shall be liable to pay all such sum or sums that may become

payable as compensation, penalty fine or otherwise which the Railways may be called upon to

make under the provisions of the said various acts referred above and shall indemnify the

Government from and against all payments by way of compensation penalty fine or otherwise

which the Railways may be called upon to make under the provisions of the said Acts to or on

behalf of any workmen by an authority empowered by the Government in connection with

any claims or proceedings and under the said acts or in respect of any loss /injury or damages

whatsoever to any third person arising out of or occasioned by negligent, imperfect or

improper performance of this contract by the contractor, his workmen, servants or agents. Any

money, which may become payable to the Government as aforesaid shall be deemed to be

money due under this clause and shall be recovered as such.

19. In the event of Contractor’s labour going on strike or the contractor declaring a lock out or in

case of default or neglect on the part of the contractor to perform the whole or any part of this

contract and to fulfill and observe all and each of the terms and conditions contained herein

and on his part to be fulfilled , the Administration shall be entitled without notice to the

contractor to employ persons other than the contractor to perform the same and should the

Administration incur any expenses thereby beyond what it would have incurred had the

contractor performed the same and should the Administration sustain any loss thereby , the

contractor shall be bound and thereby agree on demand forthwith to pay such expenses and

loss to the Administration. The decision of the Officer-in-charge (COS/RWP) as to the

amount of such expenses and loss payable by the contractor shall be final, conclusive and

binding on the contractor.

20. In the event of stores being lost while in contractor’s custody for whatsoever reasons, the

transporter should compensate for the cost of the materials and other expenses involved. The

decision on the recovery by the Railway Administration will be final and binding on the

contractor.

21. The transporter shall produce acknowledged copies of the Lorry Challan for having delivered

the material to Rail Wheel Plant,Bela. The Challans should indicate the type of material

transported, the acknowledgment for the actual quantities received both in numbers and

weight from the consignor and the place from which it is dispatched to the consignee.

22. If the transporter fails to deliver/lift the material within the stipulated period, Railway

Administration reserves the right to take steps as it deems fit for transportation and delivery of

the material. The extra cost borne by Railway Administration towards this will be recovered

from the transporter.



23. The transporter shall be responsible for any discrepancy found at the destination in respect of

the consignment. The transporter will be responsible for any shortage from the time the

material is handed over to him/his representative till the time the material is handed over by

the transporter/his representative to the consignee , the shortage as assessed by consignee shall be final and binding on the transporter for the purpose of recovery.

24. In case of any mishap to consignment during the possession of the transporter, the transporter

shall inform both the consignee and consignor immediately about the complete details of the mishap and extent of loss.

25. Loading at consignor’s place will be done by the consignor and un-loading at RWP premises

will be done by RWP. This work will be done using Railway men and material/accessories,

free of cost.

26. If the consignment reaches the consignee on Saturday, Sunday and Gazetted Holidays, the

same shall be delivered on the next working day and the delay caused due to holidays will not be accounted for.

27. ROUTE FOR TRANSPORTATION:

All consignment should be transported through the shortest route and the freight payment will be made for the distance in Km. as certified by Railway Administration/designated consignee based on Motoring Guide of India or firms claim, whichever is less.

Also, the transporter shall be responsible for any mishap, accident en-route and consequences thereof including legal complications if any.

28. Railway Administration may enter into parallel contract simultaneously with any other transporter as may be deemed fit at any time during the period of contract.

29. If the contractor fails or neglects or refuses to observe /perform any of the terms and conditions /obligations under the contract, Railway Administration may without prejudices to any other rights terminate the contract by giving one month notice in writing and recover from the contractor any damages suffered by it on account of violation or breach of contract or any part thereof.

30. The transporters are not entitled to any claim or compensation in respect of any detention to their vehicles inside the premises of Railway Units due to any unforeseen circumstances and or causes beyond the control of administration.

31. All disputes, claims or actions arising out of, under or is in connection with this contract shall be subjected to the exclusive jurisdiction of the court of Patna.

32. Except when otherwise provided all notices will be given on behalf of the President of India and all other actions to be taken on his behalf, may be given or taken by Controller of Stores/RWP/Bela or any other Officer nominated for this work.

33. Any notice to be served on the tenderer shall be deemed to be sufficiently served if delivered at or sent by Regd. Post addressed to the tenderer at his regd. Office or last known place of business.

34. These conditions are without prejudice to the rules and regulations prevalent and issued on the subject by Railways from time to time.

35. All correspondences on the subject, if any, is to be addressed by the contractor to the Controller of

Stores, Rail Wheel Plant, Administrative Building, 1st Floor, Stores Branch, Vill.-Bela, P.O. –

Arvind Nagar, Dist.-Saran-841221 (Bihar).



36. In the event of award of contract, safety of all men and equipment of the contractor shall be his own responsibility and for these purpose he will keep close watch on the movements/operations etc. In case of any loss/damage occurring to the contractor /his men/machinery, the Railway shall not be responsible. All claims placed on this account will be on the contractor’s risk and cost.

37. The contractor shall also take due care for protecting the consignment from rain, theft etc. and be responsible for their safe and sound condition during his possession. The contractor shall provide packing at his own cost.

38. If there is quantification with respect to material and packing the same has to be pointed out by the

transporter at the time of collection of material. In any case once the materials are accepted by the contractor, it shall be deemed to have been handed over in good condition.

39. Controller of Stores, RWP/Bela or any other officer/officers nominated by him shall be the

direct demanding officer for the contract.

40. All the work orders issued during the currency of contract will have to be executed by the

transporter.

41. All transactions shall be done only on contractor’s L.R.

42. The transporter will provide the vehicle having valid certificate under Pollution Control.

43. Any loss or damage to the materials handed over to the transporter shall be recovered from the

transporter based on the transfer price of the materials prevailing at the contemporary period.

44. In case truck arrives before 13:00 hrs., the consignment will be unloaded on the same day.

However, if the truck arrives between 13:00 hrs. & 16:00 hrs., all efforts shall be made to

unload the consignment before 13:00 hrs of the next day. No Truck will be allowed to enter

inside the premises after 16:00 hrs.

45. Work Procedure: The transporter or his representative shall submit appointment letter issued

by the contractor to the authorized staff (who is nominated to monitor the transport of Railway

material) and his /their Voter’s ID Card/PAN Card etc. at the loading /unloading points to

facilitate hassle free working.

46. Condition for consideration of offers:

Following facts will be kept in view for consideration of offers:

1) Offers will be evaluated based on the all-inclusive rate for deciding the inter-se ranking

and evaluation would be based on individual schedule of work.

2) Tenderers have to fulfill the minimum eligibility criteria as mentioned in the tender and they

have to submit the requisite supporting documents to prove their credentials. Otherwise, offer

will be passed over.

3) Tenderers have to fulfill the requirements as mentioned in para-22-(C)-3 & para - 22-(C)-

6 of Part-II, para-11 of Part-III, of tender documents, failing of which offer will be

summarily rejected without any further reference to the tenderer.



4) If tenderers have fulfilled the minimum eligibility criteria and also have submitted the requisite

documents, and prima facie Railway Administration is satisfied that, firm is capable of

executing the subject work. Then, firm will be considered for awarding the contracts.

5) Railway Administration reserves the right to split the tender quantity for each item, in order to

ensure timely transportation & receipt of material and also to safeguard failure /delay by sole

transporter, due to various reasons.

6) The past performance, reputation of the transport agency with Railways will also be kept in

view.

7) Railway shall reserve the right to distribute the quantity on one or more of the eligible tenderers

for reasons such as, quantity to be transported, movement requirements, past performance and

capacity of the tenderer etc. Zone of consideration of such eligible tenderers will be the right of

the Railway.

8) Whenever such distribution/splitting is made, the quantity distribution will depend on outstanding

contracts load, adequate capacity cum capability, satisfactory past performance of the tenderers,

outstanding contract load for Railway transportation, quoted schedules vis-à-vis schedule

incorporated in the tender enquiry etc., being same/similar in the manner detailed below:

Price differential between L1 and L2 Quantity distribution ratio between L1 and L2

Upto 3% 60:40

More than 3% and upto 5% 65:35

More than 5%

At least 65% on the L1 tenderer. For the quantity to

be ordered on the L2 tenderer, Competent Authority

will decide keeping in view conditions as to

requirement in the tender and conditions laid down in

the paras below:

a) If splitting of quantity is required to be done by concluding contracts on tenderers higher than the

acceptable L2 tenderer, then the quantity distribution proportion amongst the tenderers will be

decided by transparent/logical/equity based extrapolation of the model as indicated in the table in

the above para.

b) Railway reserves the right to counter offer the lowest acceptable rate for bulk quantity to the

higher tenderer(s). In the event of rejection of such counter offer(s), Railway reserves the right to

decide on the quantity distribution ratio/proportion.

c) RWP will distribute the tendered quantity with due consideration to the constraints and in such a

manner as would ensure timely transportation and receipt of material in requisite quantity to meet

the needs of the Railways, regardless of the inter-se ranking of the tenderers and in a fair and

transparent manner with due conformity to the principle of natural justice and equity.



47. Cartel formation: a) In case of all or most of the firms quote equal rates and cartel formation is suspected, Railway

Administration reserves the right to conclude contract on one or more firms with exclusion of

the rest without assigning any reason thereof.

b) Wherever cartel formation is suspected,the Railway Administration reserves the right to award

contract to any firm/firms for any quantity without assigning any reasons thereof.

c) The firms, who quote in cartel, should note that their names are likely to be deleted from the

regular transporters’ list.

48. Negotiation:

a) Selection of contractor by negotiation would continue to be an exception rather than a rule and

may be resorted to only when the quoted rate is considered to be unreasonably high & also in

situation of cartel formation with unreasonable rates, and re-tendering would not secure better

advantage to the Railways.

b) In case it is decided to call for negotiations, negotiations will be held only with the lowest

acceptable tenderer (L-1) whose offer is found suitable and on whom the contract would

have been placed but for the decision to negotiate.

49. Transit Risk will be on the contractor’s account.

50. Fall Clause:

In the event of contract getting finalised (against forthcoming tender) at lower rates during the

currency of the contract, the same lower rates shall be applicable in the present case also.

51. Constitution of firm by partnership firm/concern/etc.

51.1 The tenderer/s who are constituents of firm, company, association or society must necessary

enclose the attested copies of the constitution of their concern, partnership deed and power of

attorney along with their tender. Tender documents in such cases are to be signed by such

persons as may be legally competent to sign them on behalf of the firm, company, association

or society as the case may be. The Co-operative societies must likewise submit a attested copy

of their certificate of registration along with the documents as above mentioned. The tenderer

shall give full details of the constitution of the firm/JV/Company/Society etc. in the

Annexure- III in Special Conditions of Contract , part-III of tender document and must submit the following documents along with tender without fail:-

(A) Sole Proprietorship firm: If the tender is submitted on behalf of a “Sole proprietorship” concern, the tenderer must

submit along with the tender, the notarised copy of the affidavit for the same.

(B) Partnership firm:

If the tender is submitted on behalf of a “partnership firm/concern”, the tenderer must submit

along with the tender, the attested copy of (1) registered/notarised partnership deed and (2) the

power of Attorney/authorization in favour of the individual signing the tender.

Copy of Memorandum and Articles of Association of the Company.

Power of Attorney (dulyregistered/notarised as per prevailinglaw) by the

companyauthorizingthe person to do/act on behalf of the company as mentioned in the para

(A) above.



Company: If the tender issubmitted on behalf of a company registered under Companies Act, the tenderer

must submit along with the tender, (1) the copies of MOA (Memorandum of Association) &

AOA (Article of Association) of the company; (2) POA (Power of Attorney) dulyregistered

/notarised by the company (backed by the resolution of Board of Directors) in favourof the

individual signing the tender on behalf of the company.

Society:

If the tender is submitted on behalf of a society the tenderer must submit along with tender (1)

the attested copy of the certificate of registration (2) Deed of formation (3) Power of Attorney

in favour of the tender signatory.

51.2 If above mentioned documents (as applicable) are not enclosed along with tender documents,

the tender shall be treated as having been submitted by the individual who has signed the

tender documents. Afteropening of the tender, any document pertaining to the constitution of

the firm/JV/Society (as applicable), shall neither be asked nor be entertained /considered

under any circumstances and no claim or representationwhatsoeverfrom the tenderer in this

regard shall be entertained. No change in the constitution of the firm/JV/Companyshall be

permitted after opening of the tender except where necessitated due to the succession law. The

“Power of Attorney” in favour of the individualsigning the tender document may however be

accepted subsequently, if acceptable reasons are furnished for the same.



Annexure-I

Part III

FORM OF BANK GUARANTEE BOND

GUARANTEE BOND

1. In consideration of the President of India (hereinafter called “the Government”) having agreed

to exempt ------------------------------------- (hereinafter called “the said Contractor(S)’’ from

the demand, under the term and conditions of an Agreement dated --------- made between -----

-------------------------------------------------------------------------------- and ----------------------------

---------------------------------------------------------------------- for ------------------------(hereinafter

called “ the said Agreement”), of security deposit for the due fulfillment’ by the said

Contractor(S) of the terms and conditions contained in the said Agreement, on production of a

Bank Guarantee for Rs. ------------------------(Rupees -----------------------------------

------------------------ only), we, --------------------------------------------------(hereinafter referred

to as indicates the name of “the bank”) at the request of ----------------------------------------------

-(Contractor(S) do hereby undertake to pay to the Government an amount not exceeding Rs.---

--------------------------- against any loss or damage caused to or suffered or would be caused to

or suffered by the Government by reason of any breach by the said Contractor(S) of any of the

terms or conditions contained in the said Agreement.

2. We ………………………… (indicate the name of the Bank) do hereby undertake to pay the

amounts due and payable under this guarantee without any demur, merely on a demand from

the Government stating that the amount/ claimed is due by way of loss or damage caused to or

would be caused to or suffered by the Government by reason of breach by the said

contractor(s) of any of the terms or conditions contained in the said Agreement or by reason of

the contractor(s) failure to perform the said Agreement. Any such demand made on the bank

shall be conclusive as regards the amount due and payable by the Bank under this guarantee.

However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.

……………………

3. We undertake to pay the Government any money so demanded not with standing any dispute

or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding before any Court

or Tribunal relating thereto our liability under this present being absolute and unequivocal.

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

payment there under and the contractor(s)/supplier(s) shall have no claim against us for

making such payment.

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

guarantee herein contained shall remain in full force and effect during the period that would

be taken for the performance of the said Agreement and that it shall continue to be enforceable

till all the dues of the Government under or by virtue of the said Agreement have been fully

paid and its claims satisfied or discharged or till ……………… (Office/Department) Ministry

of ---------certifies that the terms and conditions of the said Agreement have been fully and

properly carried out by the said Contractor(s) and accordingly discharges this guarantee.

Unless a demand or claim under this guarantee is made on us in writing on or before the

………………………………… we shall be discharged from all liability under this guarantee

thereafter.



5. We ………………………………… (indicate the name of the Bank) further agree with the

Government that the Government shall have the fullest liberty without our consent and

without affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said Agreement or to extend time of Performance by the said contractor(s)

from time to time or to postpone for any time or from time to time any of the Powers

exercisable by the Government against the said contractor(s) and to forebear or enforce any of

the terms and conditions relating to the said agreement and we shall not be relived from our

liability by reason of any such variation or extension being granted to the said contractor(s) or

for any forbearance, act or omission on the part of the Government or any indulgence by the

Government to the said contractor(s) or any such matter or thing whatsoever which under the

law relating to sureties would, but for this provision, have effect of so relieving us.

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

contractor(s)/Supplier(s).

7. We, …………………………………… (indicate the name of Bank) lastly undertake not to

revoke this guarantee during its currency except with the previous consent of the Government

in writing.

Date the ………… day of … 201-

for ……………………………………

(Indicate the name of Bank)

Note:- This proforma is only for the guidance and can be changed/amended at the

discretion of the Railway.



Annexure-II

Part III

MANDATE FORM

BY

VENDOR/CONTRACTORS/EMPLOYEE

FOR EFT/ECS/RTGS/NEFT PAYMENT

1. FIRM/PERSON/PARTY’ NAME - --------------------------------------------------

2. ADDRESS - --------------------------------------------------

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

3. Telephone No./Mob. No./Fax No. - --------------------------------------------------

4. E Mail address - --------------------------------------------------

5. PAN No. - --------------------------------------------------

6. Particulars of Bank Account -

A. Name of the bank - --------------------------------------------------

B. Branch Address - --------------------------------------------------

Telephone No. - --------------------------------------------------

C. 9- Digit Code Number of the

Bank and branch appearing

on the MICR Cheque issued

by the bank - --------------------------------------------------

D. Type of the account (S.B.,

Current or Cash Credit)

With Code (10/11/13/) - --------------------------------------------------

E. IFS Code - --------------------------------------------------

F. Account No. (as appearing

On the cheque book) - ----------------------------------------------

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, I would not hold the user institution

responsible. I have understood the scheme and agree to discharge the responsibility for which I am liable as a

participant under the scheme

Date:- (………………………………………..)

Signature of the

Supplier/Party/Employee

(Please attach a blank cancelled cheque of photocopy of a cheque or front page of your savings bank

passbook issued by your bank for verification of the above particulars)

[Where the cheque does not carry IFS Code. An attestation from Bank attesting the IFS Code should be

given]

Certified that the particulars furnished above are correct as per our records.

Date:-

(…………………………………………………….)

Signature of the authorized […………………………….………………] Official of the Bank

Bank’s Stamp (Where required)



Annexure-III

Part III

Mandatory details to be filled in by the tenderer while submitting their offer.

1 Constitution of the Firm/concern.

(Tick as applicable)

Sole Proprietorship

/Partnership

Firm/Company/JV/Society

2 Full name of Sole Proprietorship/Partnership

Firm/Company/JV/Society (as the case may be)

3 Year of formation/incorporation

4 PAN No.

5 Registered Office Address

6 Address on which correspondence regarding this

tender should be done

7 Name of the proprietor/partners/JV members etc.

8 Details of EMD submitted



PART-IV

PRICES AND PAYMENTS

1. Tenderers are required to quote their rates duly giving the break-up of taxes and duties.

Railway Administration will not pay any charges other than the Rate, Taxes & Duties quoted

by the transporter in their offer. Tenderers are required to quote Rate per MT per KM only

and no minimum/maximum rates in the slabs will be considered. The rates quoted in the

schedule of work should include all the expenses such as fuel, lubricants, salary and other

benefits payable to the driver(s) and other staff accompanying the vehicle, statutory taxes as

applicable to the truck en-route, repair and maintenance charges etc., Railway shall not be

liable to pay any other charges except the rates approved as per schedule of rates.

2. Tenderers are required to avoid overwriting and erasures. If there be any alterations

/corrections, the same should be attested under clear signature duly affixing the firm’s seal.

3. PAYMENT: Payment of Bills will be made by FA & CAO/RWP, Bela. The contractor will be required to

submit the bills as per required proforma with requisite certification along with the supported

original Lorry Receipts duly acknowledged (with quantity in Nos. of pieces, weight and date

of receipt) by the consignee at RWP, Bela. The bills, if found in order after due scrutiny, will

be accepted and forwarded to the FA & CAO/RWP, Bela for payment. The contractor will be

required to submit all the bills (Transport, Detention, Return etc.) pertaining to a particular

work order altogether.

The contractor shall obtain from the consignee and from relevant persons all certifications of

the Lorry Receipts/Lorry Challans about place of delivery /timings/No. of pieces/weight etc.

clearly and free from any overwriting/ tampering/erasure/unattested corrections, failing which

Railway Administration may at its sole discretion, refuse payment of the relevant bills.

Bills submitted by the tenderer will be passed by the AMM/RWP or SMM/RWP or as

authorised by COS/RWP and will be paid by FA & CAO/RWP, Bela on its receipt complete in

all respects.

4. OCTROI:

Octroi is not applicable since the materials are transported from one Railway to another

Railway and for bonafide use of Indian Railways. Railway Administration will issue necessary

declaration to this effect. However, if the certificate issued by Railways is not accepted by any

State Govt. authority, and if the same is payable on any State Government’s enactment,it should

be paid and borne by the contractor.

5. Road Permit/Certificate: Necessary road permits/certificate shall be provided by Railways to transporter for bringing

material into State of Bihar.

It is Mandatory to get 16 digit Unique Incoming Number (Online Road Permit) from this

office before dispatch of consignment, as it is essential for entry into Bihar State. Entry

Tax on Material will be borne by Railway.



6. INCOME TAX: In terms of section 194-C of the Income Tax Act 1961 the Income Tax @ 2% and Surcharge

@ 15% on Income Tax and 3% Educational Cess thereon or as applicable from time to time

will be deducted AT SOURCE from the amount payable to the contractor from running bills.

The PAN Number issued by IT Department should be necessarily indicated in the offer for

arranging payment of bill.

7. In case any recoveries to be made from the contractor under the terms and conditions of this

TENDER or under law, the Administration shall always have the right to make such

recoveries.

(i) VAT:

VAT, if applicable, shall be regulated as per the Act and deduction will be made at source

at the rates as applicable from time to time from the bills. Contractor shall quote the

percentage of tax as applicable in their offer.

(ii) SERVICE TAX: Service tax as applicable should be re-imbursed to the contractor on production of

documentary evidence, at the rates as applicable from time to time (Presently @3.09%).

The contractor is liable to deposit the Service Tax with the concerned Tax authority. The

tenderer is required to quote the Service tax/other taxes if any, separately in the schedule.

In case the tenderer does not quote any taxes separately, it shall be assumed that the

rate quoted is inclusive of all taxes.

8. PRICE VARIATION CLAUSE: Price variation in freight rates will be allowed during the tenure of the contract due to the

HSD price increase/decrease.

For PV calculation, the ruling HSD price in Patna on the date of tender opening will be

considered. Following formula will be used for the calculation of freight increase/decrease.

Basic Rate + Basic Rate x {0.30 x (revised price of Diesel Price as on the date of loading –

Price of Diesel as on date of tender opening)/Price of Diesel as on date of tender opening.}

The contractor at time of claiming payment, will be required to furnish the existing HSD price

at Patna declared by any Nationalized Oil Companies for the purpose of application of the

PVC formula. Any increase/decrease on above shall be applicable for loading done on or after

the price escalation.

9. All Statutory deductions as required in any Central or State Act and Rules shall be deducted

/paid from /to the transporter.



PART -V

Schedule of Work

Tender No. S/RWP/TPT/HMS&LMS/2013-14/02/2

Name of Work Approx.

Quantity

(In MT-

KM)

All Inclusive

Rate (In Rs.

/MT-KM)

(In figures)

Total Value

in Rs.

(In figures)

Total Value

in Rs.

(In Words)

Transportation of Heavy

Melting Scrap (HMS)

Consisting of “Cond.

Wheel Discs/Centres and

Cond. Axles” from

various Railway Units to

Rail Wheel Plant, Vill.-

Bela, P.O.- Arvind Nagar,

Dist.- Saran, Bihar (for

distance slab 501-1000

KM)

1,04,00,000

Note:-

1. All consignment should be transported through the shortest route and the freight

payment will be made for the distance in KM. as certified by Railway

Administration/designated consignee based on Motoring Guide of India or firms claim,

whichever is less.

2. The above materials as per quantities indicated are required to be transported from various Railway units/depot to Rail Wheel Plant, Bela, Block–Dariyapur, Dist –Saran, Bihar-841221.

3. Tenderers are requested to go through the Special conditions of Tender & General conditions before furnishing their rates.

4. Tenderers are required to quote Flat Rate per MT per KM.

5. Loading will be done by the consignor at various Railway Units/Depot and unloading by

consignee, at RWP/Bela.

6. Offers will be evaluated based on the slab distance wise for HMS & LMS separately. The upper limit of slab distance shall be considered for deciding inter-se position.

7. If there is any ambiguity in the rates quoted in figures and words, the rates quoted in words or

the rate lesser of the two will be taken into consideration. Further, any discrepancy in

calculation of rates and taxes, the all-inclusive rate quoted will be considered.



PART -VI

LOCATION OF CONSIGNORS

Tentative lists of various locations under Indian Railways, where consignors of the subject scrap

materials are primarily located are furnished below. However the contractor may have to lift /

transport consignments from other locations also as directed by Railway Administration from time

to time.

Sl.

No.

Coordinating Depot Officer Sparable Approx Qty. of HMS

consisting of Cond.Wheel

Discs/Centres & Cond. Axles

(in MT)

1.

Dy.CMM/Depot/LILUAH/HALISAHAR/

BELUR SCRAP YARD, & others depot

E. Railway

2750

2. Dy. CMM/Depot/Izaat Nagar, & others

depot N. E. Railway

1900

3. Dy.CMM/Depot/Kharagpur & others

depot S. E. Railway

1800

4. Dy. CMM/Depot/Raipur & others depot,

S.E.C. Railway

1300

5. Dy.CMM/Depot/Alambagh & other depot,

N. Railway

650

6. Dy.CMM/Depot/Jhansi & others depot,

N.C. Railway

2000

Total Qty. in MT 10,400



PART –VII

Check sheet for bidders.

The bidders are requested to check the tender forms before submission of the same with

special reference to the following:

Sr.

No.

Question Answer

1. Have you purchased the tender document? Yes/No

2. In case the tender document have been downloaded from Internet, Have

you enclosed the bank draft as cost of the tender document?

Yes/No

3. Have you submitted earnest Money & read the para-16.6 of part-II of

tender documents?

Yes/No

4. Have you furnished documents testifying to previous experience and

financial status?

Yes/No

5. Have you furnished the constitution of the firm & power of Attorney? Yes/No

6. Have you furnished the documents as required under “Special conditions

of tender”?

Yes/No

7. Have you gone through qualification criteria/eligibility and given details

for each of the items?

Yes/No

8. Have you read carefully para-22 of part-II of tender document Yes/No

9. Have you read carefully para - 46 (3) of part-III of tender document? Yes/No

10. Whether tender documents filled up properly and all corrections have

been initialed?

Yes/No

11. Whether Rate has been written both in figures as well as words?

Yes/No

12. Whether Annexure I to VII of Part-II, have been filled up and signed?

Yes/No

13. Whether Annexure, Part-II A, Part-II B, have been filled up and signed? Yes/No

14. Whether Annexure II & III of Part-III have been filled up and signed? Yes/No

15. Whether Part –V have been filled up and signed? Yes/No

16. Whether offer form been signed with stamp?

Yes/No

RAIL WHEEL FACTORYrwp.indianrailways.gov.in/rwp/notice/1442820304752...Administrative Building, Rail...

Documents

Transcript of RAIL WHEEL FACTORYrwp.indianrailways.gov.in/rwp/notice/1442820304752...Administrative Building, Rail...