Tender Document for the work of Annual Maintenance Contract

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Government of India Ministry of Railways

Tender Document for the work of Annual Maintenance Contract

of EOT Crane (Capacity-30/3 Ton, Make-Garlic)

WORKS TENDER No: ED/3.11/2012/01 Tender to be Opened on 10-04-2012 at 15.30 hrs. No. of Pages including cover: 39 (Thirty Nine)

Engine Development Directorate RESEARCH DESIGNS & STANDARDS ORGANISATION

(Govt. of India - Ministry of Railways) Manak Nagar, Lucknow – 226 011

Cost of Tender Document: Rs.1,000.00

Serial No...........

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PREAMBLE TO TENDER PAPERS 1. Tender papers are not transferable. 2. Description and location of the Organisation: Research Designs & Standards

Organisation (RDSO) is under Ministry of Railways and is situated at Manak Nagar, Lucknow-226 011. This organisation is engaged in Research, Design & Standardisation works in various Railway disciplines.

3. Site of Work: Engine Development Directorate, RDSO, Lucknow – 226 011. 4. Scope of work: The work of “Annual Maintenance Contract of EOT Crane

(Capacity-30/3 Ton, Make-Garlic)”. The details of works to be executed under the Scope are given in Chapter III of Tender Documents.

5. Contract Period: The Contract Period will be Three (03) Years from the Date of

Signing the Contract Agreement. The contract period may be extended to a further period of one year if mutually agreed by both the parties, on the same terms and conditions.

6. Last date for submission and opening of tenders:

(i) The Tender Papers should reach to Director, Engine Development Directorate, RDSO, Manak Nagar, Lucknow-226 011 not later than the date 10-04-2012 up to 15.00 hours.The Tenders shall be opened on the same day at 15.30 hrs. In presence of all the tenderers or their authorised representative if any, who wish to present there. In case the office is closed due to unprecedented reasons the tenders will be opened on next working day on the same time.

(ii) The Tender shall be submitted in a sealed cover and shall be addressed to

Director, Engine Development Directorate, RDSO, Manak Nagar, Lucknow-226 011 with Full Name and Address of the Tenderer written on the bottom left of the cover.

(iii) Tenders not received in time will not be considered at all. The RDSO

Administration does not take any responsibility on account of delay, loss or mis-delivery of the Tender Documents sent by post.

(iv) Telegraphic bids will not be accepted under any circumstances.

7. Cost of Tender Document: The cost of Tender Document (Rs.1,000/-) shall be

deposited in the form of Demand draft in favour of ‘Executive Director, Finance, RDSO, Lucknow or in cash by depositing the same in the office of DCPM, Northern Railway, Charbagh, Lucknow. The request for obtaining the Tender

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document must be in lfirm’s letter head addressed to Director, Engine Develpment, RDSO, Lucknow along with the requisite Demand Draft or cash receipt.

8. Earnest money: The Tenderer is required to deposit an Earnest Money of

Rs.6,450/- (Rupees Six thousand four hundred fifty only) in the manner prescribed.

9. For the Tender documents down loaded from the web site:

a) The cost of bid document Rs.1,000/-, is to be submitted in the form of Demand Draft in favour of Executive Director, Finance, RDSO, Lucknow at the time of submission of the tender. This shall be submitted separately and in addition to the earnest money.

b) Bidder will give a Certificate as under (enclosed as Form-6):

“I/We certify that I/we have checked this down loaded bid documents along with the application form with the bid documents available on line at www.rdso.gov.in and there is no discrepancy/variation/printing mistake and it is further certified that no alteration/modification has been made in the bid documents and the application form. I/We accept the entire responsibility of ensuring that this application form along with other documents is as per original documents available on web site is mine/ours. I/We also agree that if any thing contrary is found the decision of RDSO/Administration will be final and binding on me/us.”

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MEMORANDUM OF TERMS, CONDITIONS AND INSTRUCTIONS TO TENDERERS

1. Tender Papers Preamble to the Tender Papers, Instructions to the Tenderers, Conditions of

Tendering, Conditions of Contract, Prices and Payment, Specifications, Drawings and Forms of Tenders included herein shall be read as part referred to as the “Tender Papers”.

The intending Tenderers are advised to study the Tender Papers carefully. The

Tenderer shall also acquaint him with the site conditions, nature of work and all other matters pertaining thereto.

The submission of the Tender shall be deemed to have been done on the basis of

Tender Papers and after careful study and examination of the Tender Papers with a full understanding of the implications thereof.

2. Interpretations of terms used (definition of terms). The following terms wherever occurring in the Tender Papers and wherever

used throughout the execution of the work, shall unless excluded by or repugnant to the context, have the meaning attributed thereto as follows:

(a) “RDSO (Research Designs and Standards Organisation)” shall mean the

President of India working through the Director General, RDSO.

(b) “Director General” shall mean the officer in administrative charge of the RDSO. “Executive Director, Engine Development Directorate” Shall mean the officer in-charge of the Engine Development Directorate.

(c) “Engineer” shall mean the Director General RDSO’s representative in

executive charge of the works and shall include the higher officers of the Engine Development Directorate such as Director, Joint Director.

(d) “Engineer’s representative” shall mean any official appointed by RDSO. (e) “Contract” shall mean and include the Preamble and General Instructions,

General Conditions of Contract, Special Conditions of Contract, Technical Specifications and other Conditions specified in the Tender, Advance and Detailed Acceptance Letter of Tender, and formal Work Order/Agreement, if executed.

(f) “Contractor” shall mean the successful Tenderer i.e., the Tenderer whose

tender has been accepted either in whole or in part. It shall also mean the

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Person, Firm, Company whether incorporated or not, who enters in to the Contract with the RDSO and shall include their Executors, Administrator, Successors and Permitted Assignee.

(g) “Equipment” shall mean all or any equipment considered necessary by the --

---Administration for the satisfactory operation/maintenance of the installation.

(h) “Contractor’s Representative” shall mean a person in Supervisory capacity

who shall be so declared by the Contractor and who shall be authorised to receive instructions issued by the RDSO to the Contractor for the works. He shall be responsible for proper execution of the works at each or all places and shall take orders from Engineer(s) and carry out the same.

(i) “Materials” shall mean all equipment, components, fittings and other items

required to complete or maintain the work. (j) “Tenderer” shall mean and include any Person, Firm or Company or Body

Corporate or others who submit the Tender, which has been invited.

(k) “Work” or “Works” shall mean all or any of the items of the work for which the Tenderer/Contractor has Tendered/Contracted according to the Specification, and Annexures hereto annexed or to be implied there from or incidental thereto or to be hereafter specified or required in such explanatory instructions being in conformity with the Original Specifications, Annexures and schedules and also such instructions additional to the aforementioned as may from time to time be issued by the Director General, RDSO through Executive Director & Director of Engine Development Directorate during the progress of the Contracted Work.

(l) “Writing” shall mean and include all matters written, type written or printed

either in whole or in part. (m) “Schedule of Rates” shall mean the Schedule of Rates as annexed to the

Contract Agreement or as amended thereafter in the manner provided for in the Contract.

(n) “Site” shall mean the lands and other places on, under, in or through which

the works are to be carried out and any other lands or places provided by the RDSO for the purpose of the Contract.

(o) “Months” shall mean Calendar Month as per British Calendar. (p) “Administration” shall mean the RDSO, Manak Nagar, Lucknow – 226 011.

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(q) Words imparting the singular number shall also include the plural and vice-versa wherever context required.

(r) The headings and marginal headings in these General Conditions 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 maintenance or the Contract.

3 Clarifications required by the Tenderers may be obtained from Director, Engine

Development Directorate, RDSO, Lucknow - 226 011. 4. Tenderer’s offer should include the following:

(a) A copy of the tender papers duly signed in ink by the tenderer, on each and every page, in token of his having studied the tender papers carefully and accepted the conditions specified therein.

(b) Certificate from Tenderer, if, tender document has been down loaded from

the web site.

(c) The original document for Earnest Money. 5. The prices to be paid for shall be in accordance with accepted Schedule of Prices

or Rates. All prices shall be quoted both in figures and words. However, in case of discrepancy between the two, the price quoted in words shall be treated as final.

6. Tools and Instruments required for maintenance should be provided by the

Contractor at his cost. 7. The General Instructions to the Tenderers are contained in Chapter - II of these

Tender Papers. 8. All works under this Contract shall strictly follow the Schedules of Works as

have been set out in Chapter - III of the Tender Papers. 9. Any individual signing the Tender or other document connected therewith

should specify whether he is signing:

(i) As Sole Proprietor of the Concern or his Attorney, or (ii) As a Partner or Partners of the Firm, or (iii) For the Firm, or (iv) As a Director, Manager or Secretary in the case of a Limited Company duly

authorised by a resolution passed by the Board of Directors, in pursuance of the authority conferred by Memorandum of Association.

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9.1 In the case of a Firm not registered under the Indian Partnership Act, all the

Partners or the Attorney duly authorised by all of them should sign the Tender and all other documents.

9.2 Requisite Power of Attorney or such other documents empowering the

individual or individuals to sign should be furnished to the RDSO for verification, if required.

9.3 The R.D.S.O. will not be bound by any Power of Attorney granted by the

Tenderer or by changes in the composition of the Firm made subsequent to the execution of the Contract, if any. It may however, recognise such Power of Attorney and changes after obtaining proper legal advice the cost of which will be chargeable to the Contractor.

10. Every Tenderer shall state in the Tender his Postal Address fully and clearly. 11. No erasure or alteration in the text of the Tender Paper is permitted and any such

erasure and/or alteration/overwriting will either be disregarded or render the whole Tender void at the option of the R D S O.

12. Acceptance of Tender will be communicated by Fax/Telex/Telegram/Express

Letter or a Formal Letter of Acceptance of Tender. No Tender shall be deemed to have been accepted unless such acceptance shall have been notified in writing to the successful Tenderer by the R D S O.

13. The Administration shall not be bound to accept the lowest or any Tender or to

assign any reason for non-acceptance or rejection of a Tender. The Administration reserves the right to accept any Tender in respect of the whole or any portion of the work specified in the Tender Papers or to sub-divide the work among different Tenderers or to reduce the work or to accept any Tender for less than the Tendered quantities without assigning any reason whatsoever.

14. The Tenderer shall keep the offer in response to the invitation of Tender Open

for acceptance either in part or in full or as may be modified by negotiation, by the Administration, for a period of One Hundred Eighty (180) Days from the date of which Tenders are opened, during which period the Tenderer shall not withdraw or restrict his offer nor amend, impair or derogate therefrom. Otherwise Tenderer shall be liable for forfeiture of Earnest Money.

The Tenderer shall be deemed to have accepted as aforesaid in consideration of

his Tender being considered by the Administration in terms hereof, provided the same has been duly submitted and is otherwise in order. When the successful Tenderer is notified in writing at his address given in the Tender Papers within the said period of One Hundred Eighty (180) Days that his Tender has been

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accepted by the Administration either in whole or in part, he shall be bound by the terms of Tender Papers constituted by his Tender and such acceptance thereof by the Administration, until a formal contract has been executed between him and the Administration.

15. The Tenderer (whether his tender be accepted or not) shall treat the contents of his

Tender as private and confidential. He shall also treat the prices quoted by him as strictly confidential till the Tenders are opened.

16. Tenderer’s Credentials

The Tenderer shall provide satisfactory evidence acceptable to RDSO to show that:

a) He is an experienced and established Contractor who regularly undertakes Maintenance of the EOT Cranes, the size and magnitude of which is similar to the items of work Tendered for, and has adequate Technical Knowledge and Practical Experience in this specific field. The Tenderer has to establish to the full satisfaction of the RDSO, his Credentials and Technical Competency for executing the works.

b) He has adequate financial stability and status to meet the obligations under

contract for which he is required to submit a report from recognized Bank or a financial institution.

c) He should enclose the documentary proof of his past experience in

maintaining EOT Cranes having a Minimum capacity of 30 Ton in other reputed Organisations with Addresses.

d) He has adequate Equipment, Plant and Machinery to undertake

maintenance work within the time schedule offered by him.

e) He has adequate Field Service Organisation to provide necessary Field and Management Services required to successfully execute the maintenance work.

f) The Tenderer should furnish sufficient evidence in regard to having

undertaken maintenance works, which should be working successfully in a well-reputed Organisation. The Tenderer shall furnish the Names and Addresses of such Organisations.

g) In addition to the above, further information regarding his credentials or

the credentials of his associates shall, if required by the RDSO, be given by the tenderer.

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17 The RDSO attaches utmost importance to proper and timely attending the Systems. The basic consideration and the essence of the Contract shall be the strict adherence to the stipulated time frame and proper quality of maintenance.

18 No claim for rejection of Tender:

The Tender, when submitted, shall not constitute an agreement and the Tenderer shall have no cause of action or claim against the RDSO for rejection of his offer. The RDSO shall always be at liberty to reject or accept the offer at its own discretion and any such action will not be called into question and the Tenderer shall have no claim in that regard against the RDSO.

19. The successful Tenderer shall be required to execute one or more Contract

Agreements as necessary with President of India acting through Director General/Director, Engine Development Directorate, RDSO as the case may be for carrying out the work as per agreed conditions.

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CHAPTER – I

GENERAL INSTRUCTIONS TO THE TENDERERS

1.1 The intending Tenderers are advised to study the General Conditions of Contract Regulations and Instructions for Tenderers and Standard Forms of Contract (GCC 2006) as corrected from time to time and make themselves conversant with their contents, as these shall govern this Contract and shall form an integral part thereof, save and except where these are repugnant to the terms and conditions brought out in the Tender documents.

1.2 Charges for the Work shall be quoted in the Form-4 provided for the Rate

Schedules: The schedule of rates and quantities should be carefully and properly filled in. All rates should be mentioned in words as well as in figures. Erasures and alterations in the Tender Papers must be avoided. If any corrections are necessary these should be a “pen through” and all such alterations must be attested by the full signatures of the Tenderers along with dates. Additional conditions or stipulations, if any, must be made in the covering letter of the Tender. It should be noted that the R.D.S.O. reserves the right not to consider conditional Tender/Tenders and to reject the same without assigning any reason. Note: No any other charges will be payable other than quoted in Form-4.

1.3 All fluctuations in the rates of Labour, Materials and General Commodities and

other possibilities of each and every kind should be considered before quoting the rates and no claim due to any cause, whatsoever, on this account will be entertained. Sales Tax, Octroi or any other Taxes Levied or Leviable by the Central or State Government or Local Bodies shall be borne by the Tenderer, which should be kept in view before Tendering. The RDSO Administration will pay No Taxes on Contractor’s Labour or Material.

1.4 (a) If the Tenderer be a Firm, all Partners of the Firm shall sign the Tender

documents. If the Tenderer be a Company the Tender documents shall be affixed with the seal of the Company and signed by such Person/Persons as may be authorised by the Articles of Association of the Company/ or a Resolution of Board of Directors thereof, and duly attested copy of the authorisation shall be sent with the Tender. In any case the Tenderer shall disclose his constitution and attested copies of all the necessary relevant legal documents in support thereof shall be submitted with the Tender and the originals thereof produced as and when called for.

(b) The cancellation of any documents such as Power of Attorney, Partnership

Deed etc. shall forthwith be communicated by the Contractors to the RDSO Administration in writing, failing which the RDSO Administration shall have no responsibility or liability for any action taken on the strength of the said documents.

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1.5 Earnest Money

1.5.1 The Tender not accompanied by Earnest Money in any one of the approved forms shall be rejected summarily. No interest shall be allowed on the Earnest Money.

1.5.2 The Tenderer shall be required to deposit Earnest Money with the Tender for the due performance with the stipulation to keep the offer open till such date as specified in the Tender, under the conditions of Tender. An Earnest Money equivalent to Rs.6,450/- (Rupees Six thousand four hundred fifty only) shall accompany the Tender.

1.5.3 It shall be understood that the Tender documents have been sold/issued to the Tenderer and the Tenderer is permitted to Tender in consideration of stipulation on his part, that after submitting his Tender he will not resile from his offer or modify the terms and conditions thereof in a manner not acceptable to the Engineer. Should the Tenderer fail to observe or comply with the said stipulation, the aforesaid amount shall be liable to be forfeited to the Railway.

1.5.4 If his Tender is accepted this Earnest Money mentioned in sub clause 1.5.2 above will be retained as part security for the due and faithful fulfilment of the Contract in terms of Clause 16 of the General Conditions of Contract. The Earnest Money of other Tenderers, shall save as herein before provided, be returned to them, but the Railway shall not be responsible for any loss or depreciation that may happen thereto while in their possession, nor be liable to pay interest thereon.

1.5.5 The Earnest Money should be in Cash or in any of the following forms:

(i) Deposit Receipts, Pay Orders, Demand Drafts. These forms of Earnest Money could be either of the State Bank of India or of any of the Nationalised Banks.

(ii) 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.

1.5.6 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 Savings Certificates (vi) Twelve Year National Defence Certificates (vii) Ten Year Defence Deposits (viii) National Defence Bonds (ix) National Savings Certificates

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(x) Time Deposit Account which came into force on 16.3.1970 and notified under Ministry of Finance, Notification No.F3(7)NS/70 dated 28.2.1970

(xi) IRFC Bonds

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

1.6 Security Deposit 1.6.1 The Earnest Money deposited by the Contractor with his Tender will be

retained by the Railways as part of Security for the due and faithful fulfilment of the Contract by the Contractor. The balance to make up the Security Deposit, the rates for which are given below, may be deposited by the Contractor in Cash or in the form of Government Securities or may be recovered by percentage deduction from the Contractor’s “on account” bills. Provided also that in case of defaulting Contractor the Railway may retain any amount due for payment to the Contractor on the pending “on account bills” so that the amounts so retained may not exceed 10% of the total value of the Contract.

1.6.2 Unless otherwise specified in the Special Conditions, if any, the Security

Deposit/Rate of Recovery/Mode of Recovery shall be as under:-

(i) Security Deposit 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 Security Deposit is recovered,

(iii) Security Deposits will be recovered only from the running bills of the

contract and no other mode of collecting SD such as SD in the form of instruments like BG, FD etc. shall be accepted towards Security Deposit.

(iv) Security Deposit shall be returned to the contractor after the physical

completion of the work as certified by the Competent Authority. 1.7 Performance Guarantee:

(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."

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(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 Executive Director, Finance, RDSO, Manak Nagar, Lucknow, (free from any encumbrance) may be accepted. NOTE: The instruments as listed above will also be acceptable for Guarantees in

case of Mobilisation advance. (c) The Performance Guarantee shall be submitted by the successful bidder after the

Letter Of Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be initially valid up to the stipulated date of completion plus 60 days beyond that. In case, the time for completion of work 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

up to 25% (either increase or decrease). In case during the course of execution, value of the contract increases by more than 25% of the original contract value, an additional Performance Guarantee amounting to 5%(five percent) for the excess value over the original contract value shall be deposited by the contractor.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on 'Completion Certificate' issued by the competent authority stating that the contractor has completed the work in all respects satisfactorily. The Security Deposit shall, however, be released only after expiry of the maintenance period and after passing the final biII 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

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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 mayclaim 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.

Note: for Depositing Cash and Demand Draft towards ‘Earnest Money’ & ‘Performance Guarantee’ (a) In case of ‘Cash’ it should be deposited at the Office of ‘DCPM, Northern

Railway, Charbagh, Lucknow’. (b) In case of ‘Demand Draft’ it should be pledged in favour of the ‘Executive

Director, Finance, RDSO, Lucknow’. 1.8 Tenders must be enclosed in a sealed cover superscribed ‘Annual Maintenance

Contract of EOT Crane (Capacity-30/3 Ton, Make-Garlic)’ and must be sent to the address of Director, Engine Development Directorate, RDSO, Manak Nagar, Lucknow – 226 011 so as to reach this office not later than 15.00 hrs. on 10-04-2012. The tenders will be opened at 15.30 hrs on the same day in presence of tenderers or their authorised representative as may wish to be present. In case for any reason the office is closed on the date on which the tender is scheduled to be opened as mentioned herein, these will be opened at the same time on the next working day and all the clauses will hold good.

1.9 If the Tenderer/Tenderers deliberately give/gives wrong information in

his/their Tender or creates/create circumstances by wrongful manipulations for

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the acceptance of his/their Tender, the RDSO Administration reserves the right to reject such Tender at any stage.

1.10 If the Tenderer expires after the acceptance of his Tender, the Railway shall deem

such Tender or Contract as cancelled. If a Partner of a Firm expires after the submission of their Tender or after the acceptance of their Tender, the Railway shall deem such Tender or Contract as cancelled unless the Firm retains its character.

1.11 The authority of the acceptance of the Tender will rest with the Executive

Director/Director, Engine Development Directorate, RDSO, Lucknow-226011, who does not bind himself to accept the lowest or any other Tender or to assign reasons for declining to consider any particular Tender or Tenderer.

1.12 The successful Tenderer/Tenderers shall be required to execute an agreement

with the President of India, acting through the Director General/Director, Engine Development Directorate, RDSO, Manak Nagar, Lucknow – 226 011, for carrying out the work according to General Conditions of Contract (2006) including these Special Instructions and Special Conditions of Contract and as per specifications attached.

1.13 Should a Tenderer be a retired Engineer of the gazetted rank or any gazetted

officer working before the retirement, whether in executive or administrative capacity or whether holding a pensionable post or not, in the computer department or any of the Railway owned and administered by the President of India for the time being or should a tenderer being partnership firm have as one of its partners a retired Engineer or a retired gazetted officer as aforesaid or should a tenderer being incorporated company have any such retired Engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired engineer or any retired gazetted officer as aforesaid, the full information as to the date of retirement of such Engineer or gazetted officer from the said service and in case where such Engineer or officer have not yet retired from Government service, at least two years prior to the date of submission of the tender, as to whether permission for taking such contracts or if the contractor be a partnership from any incorporated company to become a partner or Director has been obtained by the tenderer or the Engineer or the officer as the case may be from the President of India or any officer duly authorised by him in his behalf shall be clearly stated in writing at the time of submitting his tender. Tenders without the information above referred to or a statement to the effect that no such retired Engineer or retired gazetted officer is so associated with the tenderer as the case may be, shall be rejected.

1.14 Should a Tenderer or Contractor being an individual on the list of approved

Contractor have a relative employed in gazetted capacity, in RDSO or in case of a partnership Firm or Company incorporated under the Indian Company Law,

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should a partner or a relative of the partner or a shareholder or a relative of a share holder be employed in gazetted capacity in RDSO 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 in accordance with the provision in clause 62 of the General Conditions of the Contract.

1.15 The Contractor shall observe all the formalities and perform all acts and abide by

all the provisions, contained in the Contract Labour Act 1970 and Contract Labour Central Rules 1971 which in addition to other stipulations inter alia provide that-

(a) The Contractor/s shall keep and maintain necessary registers / records, issue

employment cards/service certificates and display notice in accordance with the section 75 to 82 of contract Labour Central Rules 1971.

(b) In any case in which by virtue of section 20(2) and 21(f) of the Contract

Labour (Regulation of abolition) Act, 1970 the Railway is obliged to provide amenities and/or pay wages to Labour employed by the Contractor directly or through petty contractor/s or sole contractor/s under this contract, then the contractor shall indemnify the Railway fully and the Railway shall be entitled to recovery from the contractor the expenditure incurred on providing the said amenities and/or the wages so paid by deducting it from the security deposit or from any sum due to Railway to the contractor. If any dispute arises on the expenditure incurred by the Railway on provision of the said amenities, the decision of Director, Engine Development Directorate shall be final and binding.

1.16 The Tenderer shall submit an analysis of his/their-tendered rates to the Director,

Engine Development Directorate, if called to do so. 1.17 The Tenderer shall not increase his/their quoted rates in case the Railway

Administration negotiates for reduction of rates and the negotiations shall not amount to cancellation or withdrawal of the original offer and rates originally quoted will be binding on the Contractor’s labour also.

1.18 In case of any dispute that may arise concerning contract agreement or the

tender, the decision of the RDSO Administration (Executive Director or Director, Engine Development Directorate) shall be final and binding upon the contractors. The contractors and his men would abide by the lawful instructions conveyed to him by RDSO Administration or its supervisory officials.

1.19 The Tenderers must furnish details of similar contracts recently executed or

being executed by them. They would also certify that the works had been or are being executed satisfactorily by them. In case any of their contracts had been

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terminated or they were otherwise penalised while executing the contracts, brief details should be provided.

1.20 Non-compliance of any of the conditions set-forth herein is liable to result in the tender being rejected.

1.21 The Railway reserves the right to accept tender in part as per clause 17 of the “Regulations and Instruction for Tenderers and Standard Forms of Contract 1971” provided the tenderers has not imposed any condition for acceptance or rejection of the Tender in its entirety.

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CHAPTER - II

CONDITIONS OF CONTRACT 2.1 This Chapter deals with the condition of contract under which the work coming

under the purview of this contract is to be executed by the contractor. 2.2 If the tender submitted by a Tenderer is accepted and Contract awarded to the

tenderer, the work coming within the purview of the contract shall be governed by the terms and conditions included in the tender papers as modified or amended by the letter of acceptance of tender.

2.3 The contractor shall intimate the subscriber, the address there of to which all

correspondence should be sent. 2.4 The contract resulting from this tender being a works contract shall not attract

sales tax. The RDSO does not therefore; agree to pay sales tax in addition to the price quoted.

2.5 UTILITIES & FACILITIES OF WORK

a) Electricity needed in connection with testing and commissioning will be supplied free of cost by RDSO.

b) Railway Passes: No Railway Pass for the conveyance of the contractors, his Engineers, his supervisors, his labour or his materials will be issued.

c) No land belonging to or in the possession of the RDSO shall be occupied by the Contractor without the permission of the RDSO. The Contractor shall not use or allow to be used, the site for any purpose other than that of execution of the works.

2.6 DETERMINATION OF CONTRACT Not withstanding the provisions under other paras the subscriber may at any

time by a notice in writing shall determine the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events:

a. Insolvency: If the Contractor being an individual, or if a firm, any partner

in the contractor’s firm, shall at any time adjudged insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition under any law relating to insolvency for the time being in force or enter into any arrangement or composition with his creditors or suspend payment, or if the firm be dissolved under the Partnership Act.

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b. Liquidation: If the contractor being a company shall pass a resolution or

the Court shall make an order for the liquidation of its affairs or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arisen which entitled the court or debenture holders to appoint a receiver or manager.

iii) Breach of Contract: If the Contractor commits any breach of this contract

nor herein specified provided for; provided always that such determination shall not prejudice any right of act or remedy which shall have accrue thereafter to the subscriber and provided also that the contractor shall be liable to pay the subscriber any expenditure which the subscriber is thereby put to but shall not be entitled to any other and gain or repurchase. In the event of such determination, without prejudice to the other rights and remedies of the subscriber including the right of forfeiting the security deposit, the subscriber shall be entitled to have the work or remainder thereof performed, executed and or carried out by any other and hold the contractor liable for reimbursement in the event of any loss on this account.

2.7 The successful tenderer shall within 15 days after having been called upon by

notice to do so be bound to execute an agreement based on accepted rates and conditions.

2.8 On receipt of the Letter of Acceptance of Tender from the subscriber, the

successful tenderer shall deposit a Security Deposit, which shall be specified in the Letter of Acceptance of tender.

2.9 QUALITY OF WORK

a) All materials used in the work shall be of the best quality and of the class most suited for the purpose specified.

b) All work carried out shall also be of the best quality acceptance to the

Administration. 2.10 SUB-CONTRACTORS

a) The contractor shall not sublet or assign this contract or allow any person to become interested there in any manner, without the written permission of the Executive Director/Director, Engine Development Directorate, RDSO, Manak Nagar, Lucknow - 226 011. In the event of the Contractor subletting or assigning the contract or any part thereof without such written permission, the subscriber shall be entitled to cancel the contract, and also to payment of any loss or damage from such cancellation.

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b) The names of all sub-contractors proposed to be employed for work or any part thereof including manufacture of components shall be submitted by the contractor when he enters into an agreement with the sub-contractor for the purpose.

c) The Contractor shall arrange for effective supervision of sub-contractor’s

work and remain solely responsible for materials supplied and for works carried out on his behalf by the sub-contractor/s.

2.11 The scope of work according to specifications will be done by the Contractor at

his cost. For this purpose, the Contractor shall employ competent representatives to supervise and the carrying out of the works at all stages. The said representatives shall be present himself at site to any written orders or instructions, which the Executive Director/Director, Engine Development Directorate or his authorised representative may give to the said representatives of the contractor, shall be deemed to have been duly given or communicated to the contractor.

2.11.1 The contractor shall furnish to the Director, Engine Development Directorate

the name, designation, and address of his authorised agent and all complaints, notices, communications and reference shall be deemed to have been duly given to the contractor if delivered to the Contractor or his authorised agent or left at or posted to the address so given and shall be deemed to have address so given in the case of posting, on the date on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left.

2.11.2 The contractor shall place and keep on the works at all times qualified, efficient

and competent staff to give the necessary directions to his workmen and to see that they execute their work in sound and proper manner and shall employ only such supervisors, workmen and labourers, in or about the execution of the works as are careful and skilled in their various trades and calling. The contractor shall at once remove from the works-any agent, permitted sub-contractors supervisors, workmen or labourer who shall be objected to by the Engineer and whenever required by the Executive Director/Director or his authorised representative, he shall submit a correct retention showing the names of all staff and workmen employed by him.

2.12 No claim for extra or additional work or works not provided in the contract, of

any kind whatsoever shall be admitted (even though shown to be necessary) unless they have been executed under written orders of the subscriber. The contractor must produce such orders as vouchers for the claim.

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2.13 ACCESS TO WORK SITE

a) Access to the site for the purpose of this contract shall be afforded to the contractor by the subscriber at all reasonable times. In the execution of the work, person other than the contractor, or his duly appointed representative or approved sub-contractor and bonafide workmen should have access to the site. Access to the site of work at all times shall be allowed by the contractor to officials or approved representatives by the administration or to railway staff for purpose of maintenance.

b) RDSO Administration or his authorised representative shall have the right to

refuse admission to the work site of any person employed by the contractor whom the subscriber or his representative may consider undesirable.

c) The Administration or his representative shall be at liberty to object to the

presence of any representative or other person employed by the contractor in or about the works, on the ground of misconduct, incompetence or negligence; the contractor on receipt of notice of such object in writing from the subscriber or his representative shall forthwith remove the person so objected to and provide in his place another competent person and shall not allow such person to enter the site of work subsequently. The administration will not be liable to pay any cost or damage on this account.

2.14 In the event of any claim or demand being made or action being brought against

the Administration for infringement of patent in respect of any equipment, machine, plant work or thing used or supplied by the contractor under this contract or in respect of any method of using or working by the subscriber of such equipment, machine, plant work or thing, the contractor shall indemnified and harmless against claims, costs, charges and expenses arising from or incurred by reason of such claim, provided that the subscriber shall notify the contractor shall be at liberty if he so desired with the assistance of the subscriber if required but at the contractor’s expense, to conduct all negotiations for the settlement of the same or any litigation that may arise therefrom and PROVIDED THAT no such equipment, machine, plant, work or thing shall be used by the RDSO for any purpose or in any manner other than that for which they have been supplied by the contractor and specified under this contract.

2.15 The contractor shall, during the progress of the work be entirely responsible for

the custody of the store and equipment both belonging to him and to RDSO and keep the records update for periodical checking by the competent authority of RDSO.

2.16 The contractor shall at all times indemnify the Executive Director/Director,

Engine Development Directorate, RDSO, Manak Nagar, Lucknow-226011 and the Government against all claims for compensation under the provision of the

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Workmen’s Compensation Act 1923, as modified upto date in force or any other law for the time being in force by or in respect of any workmen employed by the contractor in carrying out this contract and against all costs and expenses incurred or to be incurred by the Administration in connection therewith (without prejudice to any other means of recovery), the RDSO or the Administration shall be entitled to deduct or withhold for any period of time considered reasonable by the Administration from any money due or to become due to the Contractor (whether under this Contract or any other Contract). All moneys paid or payable by the Administration by way of compensation as aforesaid or for costs or expenses in connection with any claim thereto and this Contractor shall abide by the decision of the Administration to the sum payable by the Contractor/or to be withheld from his dues under the provision of this para.

2.17 All costs, damages or expenses which the RDSO Administration may incur, for

which under the terms of contract the contractor is liable, may be either deducted by the Administration at his discretion from any moneys due or to become due or refundable by him to the contractor under the contract, or may be recovered by action at Law or otherwise from the Contractor. The RDSO Administration reserves the right and shall be entitled to retain payments due to Contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction whatever due to the Contractor.

2.18 The contractor shall provide at his cost all equipment tools, tackles etc. required

for executing the work covered under this contract. 2.19 In the event of any of the provisions of the contract requiring to be modified after

the contract documents have been signed, the modifications shall be made in writing and signed by the RDSO and the Contractor, and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing supplementing the contract or any of the terms thereof shall be deemed conditional and not be binding on the RDSO unless and until the same is incorporated in formal instrument and signed by the RDSO, and the Contractor and till then the RDSO shall have the right to repudiate such arrangement.

2.20 The RDSO shall not be liable to the Contractor for any matter arising out of, or in

connection with the contract of the work unless the Contractor shall have made a claim in writing in respect thereof.

2.21 LOSS SUSTAINED DUE TO DEFAULT OF CONTRACTOR

a) In the event of any loss to the RDSO on account of execution of the work or any part thereof by agencies other than the contractor, in case of default by the contractor, the contractor shall be liable to reimburse the loss to the subscriber without prejudice to the other rights and remedies of the

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subscriber, and the reimbursement in full or in part as the case may be, shall be met, at the option of the subscriber, from out of all or any of the following sources, viz.

i) any amount due and payable to the contractor by the subscriber on any account whatsoever;

ii) the contractor’s security deposit in the hands of the subscriber as far as available; and

iii) any other assets whatsoever of the contractor 2.22 Settlement of disputed Matters finally determined by the RDSO: All disputes and differences of any kind whatsoever arising out of or in

connection with the contract, whether during the progress of the works or after their completion and whether before or after the determination of the contract, shall be referred by the contractor to the RDSO and the RDSO shall within a reasonable time after their presentation make and notify decisions thereon in writing. The decisions, directions, classifications, measurements, drawings and certificates with respect to any matters the decisions of which is specially provided for by these or other special conditions, given and made by the RDSO, are matters which are referred to hereinafter as “EXCEPTED MATTERS” and shall be final and binding upon the contractor and shall not set aside on account of any informity commission, delay or error in proceedings, in or about the same or on any other ground or for any other reason and shall be without appeal.

2.23 In the event of any dispute or difference between the parties hereto as to the

construction or operation of this contract, or the respective right and liabilities of the parties on any matter in question, dispute or difference on any account, or as to the with-holding by the RDSO or any certificate to which the contractor may claim to be entitled to, or if the RDSO fails to make a decision within a reasonable time, then and in any such case but except in any of the “Excepted Matters” referred to in Clause 2.22 above of these conditions the contractor after 60 days of his presenting his final claim on disputed matters, may demand in writing that the dispute or difference be referred to arbitration. Such demand for arbitration shall specify the matters, which are in question, dispute of which, the demand has been made and no other, shall be referred to arbitration.

2.24 Obligations 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 RDSO shall be withheld on account of such proceedings provided however it shall be open for the Arbitrator or Arbiters to consider and decide whether or not such work should continue during arbitration proceedings.

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2.25 The contract shall be governed by the Indian Railways laws for the time being in

force in India. 2.26 The courts of the place from where the contract has been issued shall alone have

jurisdiction to decide any dispute arising out of or in respect of the contract.

a) All matters in question dispute or difference directly or indirectly arising out of or in connection with or touching this contract shall be referred to arbitration of:

b) A sole Arbitrator who shall be the Director General or a Gazetted Railway Officer nominated by him in that behalf in cases where the claim in question is below Rs.3,00,000/- (Three lakhs) and in case where the issues involved are not of a complicated nature. The Director General shall be the sole Judge to decide whether or not the issues involved are of a complicated nature.

c) Two arbitrators, who shall be gazetted Railway Officers of equal status to be appointed in the manner laid down in Clause (b) for all claims of Rs. 3,00,000/- and above and for all claims irrespective of the amount of value of such claims if the issues involved are of a complicated nature or not. In the event of two arbitrators being divided in their opinion the matter under dispute will be referred to an Umpire to be appointed in the manner laid down in Clause (b) for his decision.

d) The Arbitrator/Arbitrators/Umpires so appointed, as the case may be shall give the award on all matters referred to arbitration indicating there in break up of the sums awarded separately on each individual contract relates. The arbitrator shall be the Gazetted Railway Officer who in the course of his/their duties as Railway servant(s) has/have not expressed views on all or any of the matters under dispute or difference. The award of the arbitrator or arbitrators or Umpires as the case may be shall be final and binding on the parties to the Contract.

e) Subject as aforesaid, Arbitration Act 1940 and the Rules there under and any

statutory modification thereof shall apply to the arbitration proceedings under this clause.

2.27 Work under the contract shall, unless otherwise directed by the subscriber,

continue during the arbitration proceedings and no payment due to or payable by the purchase shall be withheld on account of such proceedings. Notwithstanding anything contained herein, the arbitrator or Umpire as the case may be, shall have full authority to direct withholding of any payment if such action is considered fit and proper at any time.

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2.28 The Contractor shall take all reasonable steps necessary to ensure that all persons employed in any work in connection with the contract, have full knowledge of the official secret Act and any Regulations there under.

2.29 Any information obtained in the courses of the execution of the contract by the

contractor, his servants or agents or any person so employed, as to any matter whatsoever, which would or might be directly or indirectly of use to any enemy of India must be treated as secret and shall not at any time to be communicated to any person.

2.30 Contractor’s Understanding

a) It is understood and agreed that the contractor has by careful examination, satisfied himself as to the nature and location of the work, the character of equipment and facilities needed, preliminary to any, during the persecution of works, the general and local conditions, the labour conditions prevailing therein and all other matters which can in any way affect the works under the contract.

b) For the purpose of appointing two arbitrators referred to in sub-clause (a)

above, the Railway will send a panel of more than three names of Gazetted Railway Officers of one or more Departments of the Railway to the Contractor, who will be asked to suggest to the Director General one name out of the list for appointment, as the Contractor’s nominee. The Director General while so appointing the Contractor’s nominee will also appoint a second Arbitrator as Railway’s nominee, either from the panel or from outside the panel, ensuring that one of the two Arbitrators so nominated is invariably from the Accounts Department. Before ensuring upon the reference the two Arbitrators shall nominate an Umpire who shall be gazetted Railway Officer to whom the case will be referred to in the event of any difference between the two Arbitrators. Officers of the Junior Administrative Grade of the Accounts Department of the Railway shall be considered as of equal status to the Officers in the Intermediate Administrative Grade of the other Departments of the Railway for the purpose of appointment as arbitrators.

c) If the Sole Arbitrator appointed or one or both the arbitrators appointed

resigns his appointment/resign appointments or vacates his office/vacate their office or is/are unable or unwilling to act for any reason whatsoever or dies/die the Director General may appoint a new Arbitrator/Arbitrators to act in his/their as the case be, shall be entitled to proceed with the reference from the stage at which it was left by the previous Arbitrator/Arbitrators.

d) The Arbitrator or Arbitrators of the Umpire shall have power to call for such

evidence by way of affidavit or otherwise as the arbitrator or arbitrators or Umpire shall think proper and it shall be the duty of the parties hereto to do

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or cause be done all such things as may be necessary to enable the Arbitrator or Arbitrators or Umpire to make to award without any delay.

e) It will be no objection that the person/persons appointed as

Arbitrator/Arbitrators or Umpire is/are Government Servants. If, however, the Arbitrator/Arbitrators/Umpire is/are Railway Servant(s) he/they shall not be one/those who had an opportunity to deal with the matters to which the items of dispute.

2.31 The contract documents shall be signed in duplicate by the RDSO and the

Contractor. The Contract documents are complementary, and what is called for by any one shall be binding as if called for by all.

2.32 The Contractor shall conform to the provision of any stature relating to the

works and regulations and by-laws of any local authority. 2.33 All notices, communications, references and complaints made by the Director

General/RDSO through Executive Director/Director, Engine Development Directorate or their representatives or the Contractor inters concerning the works shall be in writing and no notice, communication, reference or complaint not in writing shall be recognised.

2.34 Safety Measures

a) The Contractor shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working on the railway premises, but shall then confirm to the rules and regulations of the Railways.

b) The Contractor shall abide by all railway regulations in force for the time

being and ensure that the same are followed by his representatives, Agents or sub-contractors or workmen. He shall give due notice to his employees and workers about provision of the para.

c) The contractor shall ensure that unauthorised, careless or inadvertent

operation of installed equipment, which may result in accident to staff and/or damage to equipment, does not occur.

d) The contractor shall indemnify and keep the subscriber indemnified and

harmless against all actions, suite, claims, demands, costs, charges of expenses arising in connection with any accidents, death, in injury sustained by any person or persons within the railway premises and any loss of damage to railway property sustained, due to the acts or omissions of the contractor, or his staff during the execution of this contract irrespective of whether such liability arises under the Workman’s Compensation Act, 1923, as modified

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up to 1st August, 1969, or the fatal accidents act or any other statute in force for the time being.

2.35 The Contractor shall indemnify and save harmless the RDSO against all actions, suit proceedings losses, costs, damages, charges, claims and demands of every nature and description brought or recovered against the RDSO by reason of any act or commission of the Contractor, his agents or employees, in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of the RDSO without reason or reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

2.36 Final Settlement and Refund of Security Deposit

a) On expiry of the Warranty/Guarranty period and issue of the certificate for final and satisfactory completion of the works, the Security Deposit will be refunded to the Contractor, subject to the conditions laid down in clause (b) below.

b) It is an agreed term of the contract that the RDSO reserves to itself the right to carry out a post payment audit and/or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and to make a claim on the contractor for the refund of any excess amount paid to him if as a result of such examination any overpayment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contract.

c) The initial security deposit shall, however, be liable to be forfeited in case of

any breach by the Contractor of any of the conditions of the contract or for non-completion of the full contract without prejudice to other rights and remedies of the subscriber whether specifically provided for herein or otherwise.

2.37 Income Tax from the gross amount will be deducted from all bills of the contractor in accordance with the prevailing income tax rules.

2.38 The Contractor shall comply with the provisions of Payment of Wages Act 1936 of all employees employed by him in carrying out this contract.

2.39 Special Instructions to the Tenderers The tenderers should go through the following instructions carefully prior to

quoting the rates for different items.

i) Contractors of adequate experience and resourcefulness must only quote to ensure a superb quality of work.

ii) The subscriber or the Administration shall not be responsible for any loss; damage or deterioration of the contractor’s materials supplied at site and/or

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installed in the building, by whatsoever reason it may be, until and unless the same are duly handed over to the local installation in charge.

iii) The contractor shall be responsible for any damage or loss to the subscriber or the Administration or of the materials of the buildings and shall be liable to pay the costs of such loss or damage occurred during the erection of the contract work.

iv) False statement made deliberately will make the tender liable to be rejected.

2.40 Force Majeure: In the event of any unforeseen event directly interfering with the supply, delivery, erection, testing and commissioning of the system arising during the currency of the contract, such as war, Hostilities, acts of the public, enemy, civil commotion, sabotage, fires, floods explosions, epidemics, quarantine restrictions, strikes, lock-outs, or acts of God, the Contractor shall within a week from the commencement thereof notify the same in writing to the RDSO with reasonably evidence thereof. If the force-majeure conditions (s) mentioned above in force for a period of 90 days (ninety days) days or more at any time the RDSO shall have the option to terminate the contract on expiry on 90 days (ninety days) days in commencement of such force majeure by giving 14 (fourteen) day's notice to the Contractor in writing. In case of such termination no damages shall be claimed by either party against the other save and expect those which had occurred under any other clause of this contract prior to such termination.

2.41 Termination of the contract: RDSO Administration shall have the rights to

terminate the contract any time without assigning any reason during the currency by giving one-month notice to the contractor in writing.

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CHAPTER – III

SCOPE OF WORK

3.0 General A 30/3 Ton E.O.T Crane, Make ‘Garlic’, has been installed for loading and unloading of heavy consignments and shifting of assembled different Diesel Engines being used in Indian Railways viz. 16-Cylinder GM EMD Diesel Engine, 16-Cylinder ALCO Diesel Engine, 12-Cylinder ALCO Diesel Engine and 6-Cylinder ALCO Diesel Engines to Engine Test Beds for Research and Developmental Testing. The 30/3 Ton EOT Crane shall normally operate during the office hours on all working days and throughout the year. However it may operate on Saturday/Sunday or Holidays if situation arises.

3.1 Scope of Work

The Scope of Work shall cover the Annual Maintenance Contract of 30/3 Ton EOT Crane i.e. Preventive Maintenance and Breakdown Maintenance. The 30/3 Ton EOT Crane shall be handed over to successful Contractor on “AS IS WHERE IS BASIS “.

3.1.1 Preventive Maintenance- Monthly Schedule

The Tenderer shall carry out the following works once in a Month:

Electrical portion: a) Maintenance of Panel viz, Protective panel, Long Travel Panel, Cross Travel

Panel, Main hoist Panel and Auxiliary Hoist Panel. b) Maintenance of Motors provided for Long travels, Cross Travel, Main Hoist

and Auxiliary Hoist. c) Maintenance of electrical operation and functions for all the safety

equipments provided on the panel of all the systems. d) Maintenance of Current Collection and cables. e) Maintenance of all cable connections in all the panels, contactors, relays etc. f) Maintenance of limit switches provided for Long travel, Cross travel, Main

hoist and Auxiliary Hoist. g) Maintenance of carbon brushes and replacement Mechanical Portion:

a) Maintenance of Cross Travel wheels and its bearings. b) Maintenance and adjustments of thruster Brake drum. c) Maintenance of Cross travel Gear Box and checking of oil level.

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d) Maintenance and tightening of coupling bolts of motors and other mechanical assemblies provided on the system.

e) Checking and maintenance of Gear Box for C.T. motion system. f) Maintenance and adjustment of all pins and joints.

3.1.2 Preventive Maintenance- Quarterly Schedule

The Tenderer shall carry out the following works on Quarterly basis i.e. Four (04) times in a Year in addition to the Monthly Schedule:

Long Travel Motion: a) Maintenance of L.T.Motion wheel bearing including dismantling and

assembly of the wheel in case of failure of bearings. b) Maintenance and checking of leakage of oils. c) Maintenance and removing of Gear Box bearing seal. d) Maintenance and checking of Gear Box oil level. e) Maintenance and adjustments of thru ster Brake of Long Travel Motion. f) Maintenance and checking of lubricants. g) The contractor shall clean the Structure of the 30/3 Ton Crane system and its

components properly. h) The contractor during his monthly schedule visit shall check all the terminal

connections of incoming as well as outgoing cables for its proper tightening.

Main Hoist & Auxiliary Hoist: a) Maintenance, checking and testing of wire rope pulleys and hooks for main

hoist and auxiliary hoist. b) Maintenance, checking and repairing if any of gearbox oil level and also

maintaining the oil level for main hoist and auxiliary hoist. c) Maintenance checking and repairing if any of Gear Box Oil level and also

maintaining the oil level. d) Maintenance, checking and tightening of nuts and bolts for all the

mechanical Joints e) Maintenance of wire rope drum bearing and its checking for proper

functioning of the rope drum. f) Maintenance and removing of gearbox bearing in case of replacement and

refitting. g) Maintenance and adjustments and setting of thrusters brakes.

3.1.3 Break Down Maintenance

(i) In the event of Break Down/Fault, the Authorised Representative of Engine Development Directorate, RDSO will inform the Contractor

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immediately and the Contractor shall arrange to start the repair work within 12 hours from the time of information.

(ii) Corrective Maintenance including carrying out necessary repairs,

provision & replacement of worn out/defective components/parts as required to keep the equipment in good & working order during the contract period. However, the spares required shall be supplied by the RDSO.

3.2 Penalties

95% availability of Crane is required for one year i.e. only 18 Break Down days is allowed to the firm in one year (starting from the date of beginning of Contract Agreement). The excess over this period will attract penalty @ 1/2% of contract value, over one week to the maximum of 5% of contract value. All Breakdowns shall be attended to and the System put back in working order by the Contractor within 2 days of the above information.

3.3 Payment Terms

3.3.1 Payment will be made on Monthly basis. 3.3.2 Payment will be made after submission of Bill (in Duplicate) by the

Contractor. The Bill should be addressed to Director, Engine Development Directorate, RDSO, Lucknow.

3.3.3 The Bill will be verified & forwarded for e-payment after deduction of

penalties, if any. Taxes in vogue, if any, shall be deducted from the bill due for the payment. Tenderer shall mention his/her Bank details like Name of Bank, A/C No., IFC Code (of Bank), MICR Code, PAN No. and Contract Agreement Number etc. on the bill. The Contractor, who signed the Contract Agreement, should sign the Bill.

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FORMS FOR TENDER

FORM No. Description

1. Offer Letter

2. Memorandum of Association of the Tenderer

3. Deviation from the Tender Papers

4. Schedule of Price

5. Tenderer’s Credentials

6. Certificate

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FORM-1 OFFER LETTER

From: M/s________________________________ ____________________________________ ____________________________________ To President of India, Acting through the Director/Engine Development Directorate. RDSO, Manak Nagar, Lucknow-226011. Dear Sir, Sub: Tender for ___________________________________________ ____________________________________________ ____________________________________________

I/We__________________________ have read the instructions to Tenderers and conditions of Tendering and hereby agree to abide by the said conditions. I/We also agree to keep this Tender open for acceptance for a period of six months from the date fixed for opening the same and in default thereof I/We will be liable for forfeiture of my/our earnest money deposit. I/We offer to do the work relating to ‘Annual Maintenance Contract of EOT Crane (Capacity-30/3 Ton, Make-Garlic)’, for a period of Three (03) Years installed at Engine Development Directorate, RDSO, Manak Nagar, Lucknow, and hereby bind myself/ourselves to complete the work at the prices quoted in the attached schedules of prices. I/We also fully understand and hereby agree to abide by the General and Special Conditions of Contract and to carry out the work according to the specification for the present Contract as modified by this Tender. 2. I/We have deposited the Cash with the DCPM, Northern Railway, Charbagh,

Lucknow the required sum of Rs. ------------------------------------ as earnest money for this tender vide Receipt No ------------------dated------------------------has been granted.

OR

I/We enclose a ------------------ from-------------------------------------------Bank, for a sum of Rs ----------------------as earnest money in respect of this Tender. The full

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value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if:

a) I/We do not execute the Agreement within seven days after receipt of

notice issued by the Railway that such Agreement is ready or.

b) I/We do not commence the work on the date stipulated in the approved Schedule of work.

3. Until a formal Agreement is prepared and executed, acceptance of this Tender

shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/our offer for this work.

4. I/We have no retired engineer or retired Gazetted officer of the any of the

Railways owned/administered by the President of India.

OR

The list of required engineers or retired Gazetted Officers who are associated with me/us enclosed as an enclosure to this offer letter.

Yours faithfully, Signature of the Tenderer

SEAL OF THE TENDERER Place___________________ Date____________________ Witnessed by__________________________ 1. Signature Name in Block Capitals____________________ Address__________________________________ 2. Signature Name in Block Capitals______________________ Address____________________________________

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FORM-2 MEMORANDUM OF ASSOCIATION OF THE TENDERER

(including the power of attorney)

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FORM -3 DEVIATION FROM THE TENDER PAPERS

Para No. Deviations offered Reason for the Deviation Of the tender Papers.

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FORM - 4

SCHEDULE OF PRICES NAME OF THE WORK: ‘Annual Maintenance Contract of EOT Crane (Capacity-30/3 Ton, Make-Garlic), for a period of Three (03) Years’ installed at Engine Development Directorate, RDSO, Manak Nagar, Lucknow-226 011.

Sl.No. Description of Work Unit Rate (in Rs.) Per Month

(in figures and words)

1. ‘Annual Maintenance Contract of EOT Crane (Capacity-30/3 Ton, Make-Garlic). for a period of Three (03) Years.

Signature of Tenderer with SEAL

Note: 1. Rates are required to be quoted strictly as per above format

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FORM - 5

TENDERER’S CREDENTIALS Please fill in the questionnaire below:

1. Give details of your previous experience in maintenance of E.O.T Cranes having a capacity of minimum 30 Ton in a reputed Organisation since last 5 years.

2. Have you any consultants to assist you in this work? If so, give full

particulars.

3. Give details of technical personnel you would employ for execution of this contract and a brief note about their qualifications and experience.

4. Give the names of your Bankers and their reference and submit a report

from the Bank.

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Note: This form shall be filled precisely and with full details.

FORM - 6

CERTIFICATE “I/We certify that I/we have checked this down loaded bid documents along with the application form with the bid documents available on line at www.rdso.gov.in and there is no discrepancy/variation/printing mistake and it is further certified that no alteration/modification has been made in the bid documents and the application form. I/We accept the entire responsibility of ensuring that this application form along with other documents is as per original documents available on web site is mine/ours. I/We also agree that if any thing contrary is found the decision of RDSO/Administration will be final and binding on me/us.”

Signature of Tenderer with Seal

Name in Block Capitals______________________ Address___________________________________ ___________________________________ ___________________________________ ___________________________________ Phone No.(s)_______________________________ Fax No.(s)__________________________________

Tender Document for the work of Annual Maintenance Contract

Documents

Transcript of Tender Document for the work of Annual Maintenance Contract