RAIL WHEEL FACTORY...RAIL WHEEL PLANT BELA-841221 Tele Fax No. 06158-272106/ 272144/ 272120 TENDER...

of 47_ S/RWP/TPT/Consumable/2013-14 Signature & Seal of tenderer

(INDIAN RAILWAYS) RAIL WHEEL PLANT

BELA-841221

Tele Fax No. 06158-272106/ 272144/ 272120

TENDER DOCUMENT FOR

Transportation of Railway consumable materials (302 MT) from Rail Wheel

Factory, Yelahanka, Bengaluru by road transport vehicle (capacity 16 MT) to Rail Wheel Plant, Bela, Dist.-Saran, Bihar.

Tender No. S/RWP/TPT/Consumable/2013-14

Due on 27.05.2014 No. of pages : 47

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

Tender Opening Time: 14:15 Hrs

Cash Receipt No. Date:

Cost of the Tender Form: Rs. 3000/- (Rupees Three Thousand 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 & TENDER CONDITIONS 3 – 15

3. Annexure-I to VII Part-II 16-22

4. PART-II A Declaration by tenderer 23

5. PART-II B Form of Tender 24-26

6. PART-III SPECIAL CONDITIONS

OF TENDER 27 – 40

7. Annexure-I, Part-III Form of Bank Guarantee Bond 41

8. Annexure-II, Part-III Mandate form 42

9. Annexure-III, Part-III Mandatory details to be filled 43

10. PART-IV PRICES & PAYMENT 44 – 45

11. PART-V SCHEDULE OF WORK 46

12. PART-VI CHECK SHEET FOR BIDDERS 47

For Controller of Stores/RWP


PART – I

OFFER LETTER

Tender No. S/RWP/TPT/Consumable/2013-14 Due on 27.05.2014

Name of the Work : Transportation of Railway consumable materials (302 MT) from Rail Wheel Factory, Yelahanka, Bengaluru-560064 by road transport

vehicle (capacity 16 MT) to Rail Wheel Plant, Bela, Dist.-Saran, Bihar-841221.

To The President of India, Acting Through the Controller of Stores,

Rail Wheel Plant, Admin. Building, Ist Floor, Stores Branch,Vill-Bela, P.O. 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 (GCC-ECR-2012) 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. 42,700 (Rupees Forty Two Thousand Seven Hundred Only) is submitted herewith as the Earnest Money Deposit (EMD) by way of Cash Receipt in original / DD / PO / Banker’s Cheque, Bearing No. ____________________ dated _______ drawn in favour

of the FA&CAO/RWP, Bela payable on SBI Hajipur. 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 :___________________________


PART – II

INSTRUCTIONS TO TENDERERS & TENDER CONDITIONS

1. 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, Distt- Saran, BIHAR-841221.

2. 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. Workshop Projects Organisation/Patna and 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. It shall also mean and include his successor (General

Manager) of the Successor Railway (i.e. 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, 2012 of East Central Railway.

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. Title & Scope of Work: Transportation of Railway consumable materials (302 MT) from Rail Wheel

Factory, Yelahanka, Bengaluru-560064 by road transport vehicle (capacity 16 MT) to Rail Wheel Plant, Bela, Dist.-Saran, Bihar-841221.

4. Singular & Plural:

Words importing the singular number shall also include the plural and vice-versa, where the context requires.


5. 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. 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 East Central

Railway (2012 or latest as amended) wherever applicable. The GCC is a priced publication and can be purchased from Engineering Department of East Central Railway by paying the applicable amount. 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. 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. Sale of Tender Papers: Tender Papers can be obtained from the Office of Controller of Stores, Rail Wheel

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

Arvind Nagar, Dist.-Saran-841221(Bihar). from dt. 15.04.2014 onwards on any working day between 11.00 hrs. to 17.00 hrs. and upto 12.00 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 3000/- (Rupees Five Thousand 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, 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 on SBI Hajipur.

9. 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. 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.

http://www.rwp.indianrailways.gov.in/


11. 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. 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. Expression of Currency: The expression of the currency of transaction shall be in the Indian Rupees.

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

15. Earnest Money Deposit: Tenderer shall deposit Earnest Money of Rs. 42,700 (Rupees Forty Two

Thousand Seven Hundred Only) with the Tender 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 Nationalised 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 Nationalised 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. Submission of Tenders: 16.1 The Tender shall be closed at 14:00 Hours (IST) on 27.05.2014. Accordingly

the tenders duly sealed and super scribed as (Tender for Transportation of

Railway material (302 MT approx.) from Rail Wheel Factory, Yelahanka, Bengaluru-560064 to Rail Wheel Plant, Bela, Block–Dariyapur, Distt.–Saran,

Bihar-841221.) shall be dropped in the prescribed tender box outside the

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

841221(Bihar) not later than 14:00 Hours (IST) on 27.05.2014.

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

27.05.2014 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 Acknowledgement 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. 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. 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. 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. 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.

21. 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. Tenderers’ Credentials:

22.1 The following documents at (a) to (c) below, testifying their credentials shall necessarily be submitted along with the offer, failing in

submission of any one or many of them , the offer will be summarily rejected without any further reference to the tenderer :

(a) Attested copy of audited balance sheet for last three financial years and current financial year. In case the balance sheet for the current financial year

has not been finalised, then a specific certificate from the Chartered Account


giving the details of amount received towards transport contract/work during the current year be submitted.

(b) Tenderer should possess at least five (5) number of lorries/trucks/trailers with National Permit. The tenderer must submit attested copies of

registration certificates, national permits of these five (5) trucks/trailers /lorries etc.

(c) The tenderer shall be on the current panel of IBA (Indian Bank's Association) approved list and proof for the same must accompany the offer. Tenderer

shall ensure that IBA recommendation is renewed periodically and is valid through the currency of the contract period.

22.2 The following shall also be submitted along with the offer for Assessing

the capacity cum capability of the tenderers.

(1) List of works completed in the last three financial years giving description of work, organisation for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of work. Date

of actual start, actual completion and final value of contract should also be given (as per proforma enclosed).

(2) List of works on hand indicating description of works, contract value, approximate value of balance work yet to be done and date of award

(as per proforma enclosed).

Supportive documents / certificates from the organisation / firm's confirming with whom the firm has executed the works/being executed on hand as listed in the proforma and amount of payment made towards the works executed.

Certificates from private individuals for whom such works are executed/being executed shall not be acceptable.

(3) Should submit a declaration that, they will arrange for transport (Lorry/ Trailer) as and when required at short notice.

(4) Submit complete set up of organisation, break-up of type of employees like

supervisors, helpers etc.

(5) Should have a local office in Bangalore and Patna with good communication facilities like telephone/Fax.

(6) Should have their own branch office or their authorised agents in all major cities with brief particulars.

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

Not applicable/allowed.


23. 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.

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, cognize such power of attorney and changes after obtaining proper legal advice, the cost of which will be

chargeable to the contractor.

24. 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. 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.

26. 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 Demands 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-ECR-2012 (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 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 Arbitral 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 lakhs 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-ECR-2012 ( 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 dispatch 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 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 Addresses for Correspondence:

28. 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.

The addresses of the offices for

correspondence in relation to this Tender are furnished hereunder:-

Controller of Stores/RWP, Rail Wheel Plant ,

Administrative Building, 1st Floor , Stores Branch, Vill- Bela, P.O.- 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 , Vill- Bela, P.O.- Arvind Nagar, Dist. Saran – 841221(BIHAR).


29. 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 Rail Wheel Plant/Bela 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 Rail Wheel Plant/Bela of Indian Railway detailed information about such

Gazetted employee(s) shall also be furnished in the aforesaid Annexure III of Part-II.

30. 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 Performa enclosed as Annexure-I in Part-II.

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

the cost of materials supplied free of cost by the client to contractor.

(iii) The said Performa 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 Performa 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. 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.


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

Final

Value of

the

Contract

(Rs)

Amount

received

(Rs)

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)

Value of

the

balance

work yet to

be

completed

(Rs)

Amount

received

(Rs)


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


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


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


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


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


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


PART-II A

(INDIAN RAILWAY) RAIL WHEEL PLANT, BELA

DECLERATION BY THE TENDERER

Tender No. S/RWP/TPT/Consumable/2013-14 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

(INDIAN RAILWAY) RAIL WHEEL PLANT, BELA

LETTER OF APPLICATION BY THE TENDERER “FORM OF TENDER”

Tender No. S/RWP/TPT/Consumable/2013-14 dt. Dated :_______________

From: ___________________________

Full Address : __________________________________________ ______________________________________________________

To Controller of Stores/RWP, Rail Wheel Plant ,

Administrative Building, 1st Floor , Stores Branch, Vill- Bela, P.O.- Arvind Nagar,

Dist. Saran – 841221(BIHAR).

Name of Work: Transportation of Railway consumable materials (302 MT)

from Rail Wheel Factory, Yelahanka, Bengaluru-560064 by

road transport vehicle (capacity 16 MT) to Rail Wheel Plant, Bela, Dist.-Saran, Bihar-841221.

WHEREAS 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 WHEREAS I/We ______________________________________________________

___________________________________________________ have read the Tender Notice

pertaining to the aforesaid Tender.

2. AND WHEREAS I/We, ______________________________________________________

________________________________________________ have obtained these tender documents from 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 WHEREAS 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.

*(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) Rail wheel Plant, Administrative Building,

Ground Floor , Vill - Bela ,P.O.- Arvind Nagar, Dist. Saran – 841221(BIHAR) 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 WHEREAS 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 THE 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 (MT)

Transportation of Railway consumable materials (302 MT)

from Rail Wheel Factory, Yelahanka, Bengaluru-560064 by road transport vehicle (capacity 16 MT) to Rail Wheel Plant, Bela, Dist.-Saran, Bihar-841221.

302

Note: 2.1 The above materials are required to be transported from Rail Wheel Factory,

Yelahanka, Bengaluru-560064 to Rail Wheel Plant, Bela, Block–Dariyapur, En Distt. –Saran, Bihar-841221 as per quantities indicated above.

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

2.3 Loading will be done by the consignor at RWF/ Yelahanka and unloading by consignee at RWP/Bela.

2.4 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.

2.5 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.

2.6 Evaluation Criteria: Offers shall be evaluated based on all-inclusive rate for deciding the inter-se ranking.

3. CURRENCY OF CONTRACT: The currency of contract shall be 12 months from the date of issue of letter of

acceptance. However, RWP/Bela administration reserves the right at their sole discretion, which shall be final and binding, to extend the currency of the

contract for further period upto 6 months at same rate, terms and conditions. Further extension of currency of contract may be done on mutual consent of contractor and Railways.

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 Railway Materials 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 agreemental value should not be permitted and, if found necessary, should be only through fresh

tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C)and approval of General Manager.

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 upto 110% 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 loading, will be weighed at RWF & also on arrival will

be weighed at RWP/Bela/Saran/Bihar.

7.1 A detailed description of the material loaded on the truck with quantity 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 acknowledgement 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.

7.3 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 making payment.

7.4 If the weight recorded at consignee end is less than the weight recorded in LR, then, the number of pieces 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/damages/breakages whatsoever, besides not

paying the freight charges on such consignments, the value of the materials short received/delivered or damaged or broken will also be recovered from the contractor. In case of damages/shortages/breakages 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/delivery of consignment in damaged/broken condition will totally be recovered from the transporter without further notice.

7.7 However issue of Open Delivery Certificate of Damage/Breakage does not

absolve the responsibility 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 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 /Bela, failing which, a penalty of Rs. 1000/- (Rupees One Thousand only) per day,

per truck 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. CURRENT PANEL OF IBA: Tenderer should be on current panel of IBA

(Indian Bank Association) Approved list 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 EMD deposited by the tenderer will be retained towards part payment of

SD for due and faithful fulfillment of the contract. The balance to make up the

SD may be deposited by the tenderer in cash or may be recovered by percentage deduction from the tenderer’s “on account” bills. Provided also


that, in case of defaulting tenderer, the Railway may retain any amount due for payment to the tenderer 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, SD/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 tenderer 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 the tenderers have fulfilled all the contractual

obligations and that there are no dues from the contractor to the 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 Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all

Scheduled Banks; (vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificates; (viii) Twelve years National Defence Certificates; (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 the 4 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. The term contractor/transporter is used interchangeably and means the same.

17. 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.

18 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.

19. 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.

20. 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 acknowledgement for the actual

quantities received both in numbers and weight from the consignor and the place from which it is dispatched to the consignee.

21. 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.

22. In their own interest, while loading the material in their trucks, the transporter should ensure that he receives the material in good and undamaged condition. If otherwise, a remark thereof should be obtained from the representative of

the consignors on the Challans at the time of loading the material in their truck.

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 /damage/breakage 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/damage/breakage 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/damage/breakage.

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 route as permissible.

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, Rail Wheel Plant/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/RWP, 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. noon, 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 Trucks will be allowed to enter inside the premises after 16:00hrs.

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.

2) Tenderers have to submit credentials as mentioned in the tender and they have to submit the requisite supporting documents to prove their credentials.

3) If tenderers have submitted credentials 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.

4) 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.


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

6) 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.

7) 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,

TC/TAA 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. Transit Risk will be on the contractor’s account.

49. 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.

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 Mémorandum and Articles of Association of the Company.

Power of Attorney (duly registered/notarised as per prevailing law) by the

company authorizing the person to do/act on behalf of the company as mentioned in the para (A) above.


Company: If the tender is submitted on behalf of a company registered under Companies Act1956,the tenderer must submit alongwith the tender, (1) the

copies of MOA (Memorandum of Association) & AOA (Article of Association) of the company; (2) POA (Power of Attorney) duly registered/notarised by the company (backed by the resolution of Board of Directors) in favourof the

individualsigning the tender on behalf of the company.

Society: If the tender is submitted on behalf of a society the tenderer must submit alongwith 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 alongwith tender documents, the tender shall be treated as having been submitted by the individual who has signed the tender documents. After opening of the

tender, any document pertaining to the constitution of the firm/JV/Society (as applicable), shall neither be asked nor been tertained/considered under any circumstances and no claim or representation whatsoever from the

tenderer in this regard shall been entertained. No change in the constitution of the firm/JV/Company shall be permitted after opening of the tender

except where necessitated due to the succession law. The “Power of Attorney” in favour of the individual signing 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 … …20…… 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 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.

Bill passing and paying authority: Bills submitted by the tenderer will be passed by the AMM or SMM or as authorized by COS/RWP and will be paid by FA&CAO/RWP on its receipt complete in all respects.

Payment shall be done after delivery of each consignment successfully and it is duly certified by consignee (i.e. SSE/Mech) and it has to be

forwarded to CDMS/RWP Bela for further processing of bill.

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. Octroi exemption certificate/Road Permit Form No. D-IX of Bihar Government will be issued to the tenderer as and when required and demanded by the tenderer. It is

Mandatory to get 16 digits Unique Incoming Number (Online Road Permit) from this office before dispatch of goods, 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. 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. 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/Consumable/2013-14

DESCRIPTION OF WORK

Approx.

Qty. (In MT)

All Inclusive Rate

(In Rs. Per MT ) In Figure and

words

Total Value In

Rs. (In Figure)

Total Value In

Rs. (In

Words)

Transportation of Railway consumable materials (302

MT) from Rail Wheel Factory, Yelahanka,

Bengaluru-560064 by road transport vehicle (capacity 16 MT) to Rail Wheel Plant,

Bela, Dist.-Saran, Bihar-841221

302

Note: 1. The above materials as per quantities indicated are required to be transported

from Rail Wheel Factory, Yelahanka, Bengaluru – 560064 To Rail Wheel Plant, Bela, Block–Dariyapur, En-Route Sheetalpur-Parsa Road, Dist –Saran, Bihar-841221.

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

3. Tenderers are required to quote Flat Rate per MT .

4. Loading will be done by the Consignor at RWF/Bengaluru and unloading by consignee, at RWP/Bela.

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

6. The successful tenderer shall lift and transport the material from RWF/Bengaluru as per quantity advised in the work order.

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 –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. Whether tenderdocuments filled up properly and all corrections

have been initialed ?

Yes/No

8. Whether Rate has been written both in figures as well as words ?

Yes/No

9. Whether Annexure I to VII of Part-II, have been filled up and

signed ?

Yes/No

10. Whether Annexure, Part-IIA, Part-IIB, have been filled up and signed ?

Yes/No

11. Whether Annexure II & III of Part-III have been filled up and signed ?

Yes/No

12. Whether Part –V have been filled up and signed ? Yes/No

13. Whether offer form been signed with stamp ? Yes/No

RAIL WHEEL FACTORY...RAIL WHEEL PLANT BELA-841221 Tele Fax No. 06158-272106/ 272144/ 272120 TENDER...

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Transcript of RAIL WHEEL FACTORY...RAIL WHEEL PLANT BELA-841221 Tele Fax No. 06158-272106/ 272144/ 272120 TENDER...