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    CHECK LIST OF DOCUMENTS TO BE SUBMITTED ALONG WITH TENDERS.

    For Tender No: CM.CW.36.fe.maint.5.09-10

    (Tenderers are requested to give particulars of certificates and or put mark wherever

    applicable)

    1. Particulars to DD / MR submitted towards cost of tender

    form (*).

    2. Particulars of DD / FDR submitted towards EMD (*).

    3. Copy of partnership deed executed prior to the date of tender

    notice in case of new Partnership firms other than working

    contractors.(*).

    4. Attested copy of Experience certificate in Annexure C (*).

    5. Attested copy of Certificate showing contract amount

    received during the last three years and the current financial

    year (*).

    6. List of works on hand with tenderer in Annexure D (*).

    7. Engineering Organization in Annexure A.

    8. List of plant and Machinery in Annexure B.

    9. Attested copy of Revenue solvency certificate Issued by MRO orBankers solvency certificate issued by Nationalized/scheduled

    bank, if the value of the work is more than Rs.1.00 crore ( Notolder than one year prior to the date of opening of the tender).

    10. Taxpayers Identification Number [TIN] (*)

    11. Registration number of APGST / APVAT.

    12. Total number of annexures submitted ( Number of pages).

    (The items indicated (*) thus are mandatory in the absence of which the tender will be

    summarily rejected)

    Signature of the tenderer.

    Address:

    Phone No:

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    Not transferable

    S.No.

    SOUTH CENTRAL RAILWAY

    WORKS CONTRACTREGULATIONS FOR TENDERS AND CONTRACTS

    CONDITIONS OF TENDER

    TENDER AGREEMENT FORM

    Tender no : CM.CW.36.fe.maint.5.09-10 Dt.13.7.09

    Name of :

    the workSupply and maintenance of DCP type 5Kg fire extinguishers of all the branches

    in SC division for a period of 2 years..

    Cost of

    tender

    form

    Rs. 5620/- by hand (Last dateof issue by hand 18.8.09 at

    17.00 hrs)

    Rs. 6120/- by post (Last date

    of issue by post 10.8.09)

    Tender

    valueRs. 66,01,976/-

    Period of

    contract2 years.

    Time of

    opening19.8.09 at 15.30 hrs

    Place of

    Opening

    Tender Hall situated in the

    premises of old DRMsCompound/Office of

    Sr.Divisional Engineer (Co-

    ord)/Hyderabad Division

    Time ofclosing

    19.8.09 at 15.00 hrs

    EMD

    amountRs. 1,32,050/-

    SOLD TO:

    M/S _________________________________________

    _____________________________________________

    _____________________________________________

    _____________________________________________

    _____________________________________________ Signature of the tenderer

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    Index

    S No Document Name Page Number From Page Number To

    1. Check list 1 12. Cover page 2 23. Index 3 34. Tender 4 45. Schedule of Rates 5 66. Conditions of Contract 7 97. Scope of work 10 158. General conditions 16 269. Meaning of terms 27 2710. Annexures 28 3611. Tender notice 37 37

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    1. Tender (First Sheet):To

    The President of India, acting through Sr. Divisional Mechanical Engineer (Carriage &Wagon)/(Mechanical), Secunderabad Division, South Central Railway, 4th Floor, Sanchalan Bhavan,

    Secunderabad - 500 071

    Dear Sir,

    TENDER NO: CM.CW.36.fe.maint.5.09-10 Dt.13.7.09TENDER FOR Supply and maintenance of DCP type 5Kg fire extinguishers of all the branches

    in SC division for a period of 2 years..

    1.1.I/Wehave readthe various conditions of the tender attached hereto and agree to abide by such conditions.

    I/We also agree to keep this tender offer open for acceptance for a period of 120 days from

    the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture ofmy/our earnest money. I/We offer to do the work for ____________________ at the ratesquoted by me/us, in the schedule attached and hereby bind myself/ourselves to complete the

    work in all respects within _________ from the date of commencement of work.

    1.2.I/We also hereby agree to abide by the General Conditions of contract corrected up toprinted/advance correction slip No. dated ..and to carry out the work according theSpecial Conditions of Contract and Specifications of materials and works at laid down by

    Railway in the annexed Special Condition/Specifications and the . Railway Works HandBookPart II/III corrected up to printed/advance correction slip No. dated .Sanitary

    Works Hand Book corrected up to printed/advance correction slip No dated .Schedule of Rates Part I and Part II corrected up to printed/advance correction slip No. .

    Dated . for the present contract.1.3.A sum of Rs. 1,32,050/- (Rupees One lakh thrity two thousand and fifty only.) is herewith

    forwarded as Earnest Money. The full value of the earnest Money shall stand forfeited

    without prejudice to any other right or remedies in case my/our Tender is accepted and if:-

    1.4.(a) I/We do not execute the contract documents within seven days after receipt of noticeissued by the Railway that such documents are ready; and

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

    1.6.Until a formal agreement is prepared and executed, acceptance of this tender shall constitutea binding contract between us subject to modifications, as may be mutually agreed to

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

    Signature of witnesses:

    1). __________________________.

    2). __________________________.

    Signature of the tenderer

    Date:

    Address of Tenderer:

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    2. SCHEDULE OF RATES:Name of the work: Supply and maintenance of DCP type 5Kg fire extinguishers of all the

    branches in SC division for a period of 2 years..

    TENDER NO: CM.CW.36.fe.maint.5.09-10 Dt.13.7.09.

    TENDER VALUE: Rs. 66,01,976/-.

    Schedule A: supply of Fire extinguishers.

    DescriptionTotal

    quantityUnit

    Unit rate in

    figUnit rate in words

    Supply of new dry powder type 5 Kg

    capacity fire extinguishers confirming

    to IS:2171 with ISI mark, fitted with

    heavy duty transparent PVC flexible

    braided hose discharge hose & PVC

    open nozzle, GM cap

    union(chromium coated), with 120gram CO2 gas cartridge, initial filling,

    wall mounting clamps complete set.

    Extinguisher made of M.S.Sheet

    outside powder coated red paint and

    inside anti corrosive treatment etc.

    Extinguisher should be tested with

    hydraulic pressure with 30Kg/cm2,

    and filled with class B&C dry

    chemical powder.

    890 Nos

    Schedule B: Supply of spares and maintenance.S.

    NoDescription

    Total

    quantityUnit

    Unit

    in figUnit rate in words

    1Periodical examination of fire

    extinguishers in stations (SC Hqrs &KZJ).24006

    Nos

    2

    Periodical examination of fire

    extinguishers at out stations i.n SC

    division all stations other than SC Hqrs &

    KZJ.

    8002

    3Supply of CO2 and refilling in old

    catridge.7312

    4Supply and fitment/replacement of new

    CO24512

    5 Refilling of dry chemical powder. 8512

    6 Supply and fitment of safety clips. 11202

    7Supply and fitment of discharge hose

    union.3200

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    S.

    NoDescription

    Total

    quantityUnit

    Unit

    in figUnit rate in words

    8 Supply and fitment of union cap. 3200 Nos

    9Painting and labeling of fire extinguishers

    after repair attention.4402

    10Testing of fire extinguishers with

    Hydraulic pressure as per IS2190

    specifications.

    2438

    (Grand Total in Rupees ____________________________________________________________)

    The contractor/tenderer has to quote the rate for each item in the Schedule both in figures andwords, the rates quoted should be inclusive of all taxes. Grand total in rupees should be the total

    value of both items for total quantity.

    NOTE

    1. The contractor/tenderer has to sign at the bottom of every page of the tender schedule.2. The contractor/tenderer should offer all the materials for inspection before execution of

    work and inspection will be done by the authorized Railway representative.

    3. Any Item/Items of the work should be done by the contractor as per the specification.However for any modification/Alterations of the Items/Work as per site conditions/

    requirements should be done, as desired by the Railway representative.

    4. The contractor/tenderers are advised to inspect the site before quoting for the tenders.5. The contractor/tenderer has to quote rate against each item in the schedule both in figures

    and words. If there is any variation in between the rate quoted in words and figures, the

    rate quoted in words will be taken as correct and final. The contractor/tenderer should not

    quote different rates for each or any of items in the schedule and offers with different rates

    for each or any items of the schedule are liable to be rejected.

    Signature of the tenderer/contractor

    Tenderer seal

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    3. CONDITIONS OF CONTRACT:3.1.On behalf of PRESIDENT OF INDIA the Sr. Divisional Mechanical Engineer (Carriage &

    Wagon)/ (Mechanical), Secunderabad Division, South Central Railway, 4th Floor, SanchalanBhavan, Secunderabad - 500 071 invites sealed tenders from 11.00 hrs to 15.00 hrs on

    19.8.09 for Supply and maintenance of DCP type 5Kg fire extinguishers of all the branches

    in SC division for a period of 2 years..

    3.2.All offers in the prescribed form should be submitted in one envelope duly sealed and superscribed on top Tender No., date of opening and name of work. Tenders not complying theseinstructions shall be summarily rejected. The tender should be addressed to

    Sr.DME/C&W/SC division, Sanchalan Bhavan, Secunderabad.

    3.3.ELIGIBILITY CRITERION:i.The Tenderer should have completed in the last three financial years (i.e., Current year,

    and three previous financial years) at least one similar single work for a minimum value

    of 35% of advertised tender value of work. (Supporting documents are to be submitted).

    (Similar work means experience in maintenance of fire extinguishers).

    Minimum 5 years experience in similar work. Should have successfully completed at least three contracts in the similar works inthe state/central /public sector undertakings and should produce submission of

    proof of completion. Should have successfully completed at least three contracts

    in the similar works in the state/central /public sector undertakings and should

    produce submission of proof of completion.

    Should produce valid certificate to conduct hydraulic test of fire extinguishersduly authorized by Govt. Directorates

    Availability of authorized persons to conduct tests certified by Govt. Directorateswith the firm

    ii.Total contract amount received during the last three financial years and in the currentfinancial year should be a minimum of 150% of the advertised tender value. The Tenderer

    should submit an attested certificate from employer/client/audited balance sheet duly

    certified by chartered accountant etc.

    iii.The following supporting documents are to be submitted by the tenderer:

    a) List of personnel, organization available on hand and proposed to be engaged for thesubject work. These two lists to be given separately and signed by tenderer to be

    submitted in pro-forma given in the Annexure-A.

    b) List of plant & machinery available on hand (OWN) and proposed to be inducted(OWN and hired to be given separately) for the subject work and this list shall be

    submitted by tenderer in the pro-forma given in the Annexure-B.

    c) List of works completed in the last three financial years giving description of work,organization for whom executed, approx. value of contract at the time of award, date

    of Award and date of schedule completion of work, date of actual start, actual

    completion and final value of contract should also be given.

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    Tenderer should submit an attested copy of certificate obtained from Jr.Administrative Grade Officer of the consignee department of

    Railways/Superintendent Engineer of State Government or equivalent grade

    officer in quasi government department/public sector undertakings in central

    government to establish the eligibility criteria. Description of work & for

    organization whom executed, value of contract at the time of award, date of

    award; date of scheduled completion of work; date of actual start, actual

    completion; final value of contract, if the work is completed but final bill not

    paid, details as required in Annexure-C shall be made available. Certificate

    from private individuals for whom such works are executed shall not be

    considered.

    d) List of works on hand indicating description of work, contract value, bill amountpaid so far due date of completion etc to be furnished by the contractor in

    Annexure-D and these certificates should be signed by the contractor.

    e) Attested copy of certificate from the Jr.Administrative Grade Officer of theconsignee department of Railways/Superintendent Engineer of State government or

    equivalent grade officer in quasi government department/Public sector undertakings

    in Central Governments showing agreement wise contract bill amount received

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

    balance sheet indicating agreement wise contract bills received during the last three

    financial years duly signed and certified by the chartered accountant also can be

    enclosed.

    f) The onus of establishing credentials lies with the tenderer and hence Railway shallevaluate the offer only from the credentials/documents submitted along with the

    tender offer.

    g) Any certificates, documents submitted after tender opening shall not be given anycredit and shall not be considered.

    h) The offer of tenderer(s) who do not enclose Experience certificate, Turnovercertificate and other documentary evidence as above along with their tender to

    establish their credentials shall be summarily rejected though they are working

    contractors or contractors of approved list. Insufficient details submitted by tenderer

    for items mentioned above will make their tenders incomplete and the tender shall

    be treated as invalid, which shall result in forfeiture of EMD.

    i) If any Certificates or details enclosed by tenderers are found to befake/bogus/tampered, such of those agencies shall not be awarded any work in

    S.C.Railway for a period of 5 years from the date of opening of tender. Joint

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    ventures or partnership firms or any other nature of firms in which such agencies are

    a party shall also not be awarded any work for this period of 5 years.

    j) Tenderers shall submit certified copy of Registration certificate/Registration Numberof APVAT from the concerned authority along with tender.

    k) The contractor shall comply with the provisions of EPF & MP Act, and obtain codenumber from the concerned authorities whenever workmen employed by him are 20or more. He shall also indemnify Railways from and against any claim, penalties,

    recoveries under the above act and Rules. Contractors to get the code number under

    the PF so as to enable the PF commissioners to extend the social security benefits to

    the workmen engaged by the Railway Contractors.

    l) If tenderers download tender documents from website and do not enclose propervalue towards the cost of the tender form, their tender shall be considered as invalid.

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    4. SCOPE OF WORKBrief:

    The contractor has to maintain the fire extinguishers available in all the branches of SC division for

    a period of 2 years. The contractor is also required to supply the fire extinguishers for replacement of

    defective ones, spares.

    4.1. Detailed Scope of work:A. Supply of 5kg DCP type fire extinguishers:

    1. As a part of the work the contractor has to supply new dry powder type 5 Kg capacity fireextinguishers (confirming to IS:2171 with ISI mark, fitted with heavy duty transparent PVC

    flexible braided hose discharge hose & PVC open nozzle, GM cap union(chromium coated),

    with 120 gram CO2 gas cartridge, initial filling, wall mounting clamps complete set.

    Extinguisher made M.S.Sheet outside powder coated red paint and inside anti corrosive

    treatment etc. Extinguisher should be tested with hydraulic pressure with 30Kg/cm2, and filled

    with class B&C dry chemical powder) as per the requirement for replacement/additional

    requirement.

    2. The contractor has to handover fire extinguishers along with test certificates should be deliveredto SSE/SNF as per the actual requirement.

    3. The new fire extinguishers should have a warranty of 2 years.B. Over hauling of fire extinguishers:

    The overhauling of the Fire extinguishers has to carry as per IS2190/1992. The following are the

    activities to be carried in the prescribed periodicity.

    S.NO. Activities Periodicity

    1. Quarterly maintenance Once in three months2. Yearly maintenance Once in a year3. Pressure testing/leakage testing Once in 2 years4.

    Painting Once in 2 years

    5. Charging As per the need1. QUARTERLY MAINTENANCE:

    Routine maintenance, inspection and testing of all fire extinguishers in respect of mechanical

    parts, extinguishing media and expelling means shall be carried out by properly trained

    personnel once in 3 months to make sure that these are in proper condition and have not been

    accidentally discharged or lost pressure or suffered damage. Following procedure should be

    followed for quarterly maintenance, inspection and testing.

    a. Cleaning the exterior of the extinguishers, polish the painted portion with wax polish thebrass parts with metal polish chromium plated parts with silver polish.

    b.

    Checking the nozzle outlet vent holes and threaded portion of the cap for clogging andcheck that plunger is in fully extended position and is clean.

    c. Check the cap washers grease the threads of cap plunger rod and wipe and clean.d. Open the extinguisher and remove the gas cartridge and see that sealing disc is intact.

    Weigh and compare its mass with full mass of cartridge marked on it. Loss of mass, if it is

    more than 10 percent, should be replaced by new cartridge.

    e. Check all mechanical parts thoroughly.

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    2. YEARLY MAINTENANCE:Once in a year more thorough inspection and maintenance of extinguisher, including chemical

    charge inside and expellant shall be carried out by trained personnel according to the procedure

    given below.

    a. The dry powder extinguisher shall be opened in a dry environment and for a min. possibletime to avoid effect of atmospheric moisture on powder.

    b. Dry powder extinguisher, where discharge control is fitted on the nozzle should be operatedbefore opening the extinguisher to ensure that there is no pressure in the extinguisher.

    c. Weigh the extinguisher to check the correct mass of powder filled in it, which should bemarked on the body of extinguisher and record when it was first put into service.

    d. Open the extinguisher and remove the gas cartridge and see that sealing disc is intact.Weigh and compare its mass with full mass of cartridge marked on it. Loss of mass, if it is

    more than 10 percent, should be replaced by new cartridge.

    e. Check the operating mechanism, discharge control for free movement and clogging.Examine nozzle hose vent holes piercing mechanism of cap, cartridge holder grease and

    wipe and clean.

    f. Remove the inner shell and clean port holes.g. Empty the dry powder in a dry container and examine for marking lumps and foreignmatter. Otherwise replace it with new dry powder charge conforming to IS 4308-1982h. Examine the extinguisher body internally and externally for any damage or corrosion and

    replace corroded or damaged extinguisher.

    i. Clean the extinguisher using dry air.j. Return the original charge to the extinguisher and fit the cartridge and other fittings.

    3. PRESSURE TESTING /LEAKAGE TESTING:a. The pressure or leakage test for DCP (5 kgs) Type types of extinguisher shall be carried out

    at intervals and for a period mentioned below. Advantage shall be taken of the yearly test

    for selecting the time for this test.

    b. Examine the extinguisher body externally and internally for any sign of rust of andcorrosion and replace if it is rusted or corroded. Connect with suitable adopters to hydraulic

    test pump after fillings the extinguisher with water and work the pump and build up the

    pressure gradually as mentioned below. There should not be any leakage or visible

    distortion and such extinguisher which fails in the requirement should be replaced.

    c. Authority for testing of fire extinguishers: The contractor should have authorization toconduct hydraulic pressure test with respect to fire extinguisher duly authorization by a

    Govt Directorate of state /central to the extent the contractor should enclose a copy of the

    valid certificate with the list of persons to the Extent.

    Description Test Interval Test Pressure Pressure maintained for

    Dry powder (Gas

    Cartridge)2 Years

    1.75 Pa

    (25 Kg/cm2)

    2.5minutes

    4. PAINTING:a. Painting of fire extinguisher of DCP (5 kg) Type with postal red shall be done once in two

    years.

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    b. Stencil shall be marked with operating instruction, S. No. of extinguishers, dates of lastcharging, painting etc. on the extinguishers.

    c. The following information will be stenciled on the fire extinguisher:i. Date of testing

    ii. Date of rechargingiii. Date of hydraulic pressure testiv. Date of paintingv. Next due date

    d. Fire extinguisher if due for pressure testing / painting / maintenance etc. during the year,the same will be done within three months immediately after awarding the contract.5. DCP POWDER CHARGING:

    The old DCP powder should be replaced with new on the following occasions:

    a. Used Fire extinguisher when there is no DCP powder.b. Based on the condition during the year examined as per Para No. XIV (g).yearly

    maintenance.

    c. If powder forms in lumps/cake condition.C. Maintenance of fire extinguishers in SC head quarters area:

    1.All the Fire extinguishers available in the SC head quarters area with various departmentsshould be inspected by the contractor as per the schedule programme issued by Sr.DMEsoffice. The fire extinguishers which are not inspected on that date, due to any reason will be sent

    to SNF by the user department. The contractor has to keep his qualified men and materials

    permanently at SNF C&W depot, to maintain the fire extinguishers supplied to contractor as per

    the scope and return them within 4 days from the date of receipt.

    TABLE (A)

    Nominated Work Centers

    for Maintenance

    Details of the Work centers from which the Fire

    extinguishers would be collected given at SSE/C&W/SNF

    SSE/C&W/SNF

    All the work centers of different departments in Hqrs area and

    all the fire extinguishers available in the sections of the stationsSC-SNF, SNF-PRLI other sections which are under the controlof SC division.

    D. Maintenance of fire extinguishers in KZJ Sector:1. Fire extinguishers available in the KZJ and surrounding areas would be supplied to the

    contractor at the C&W depot KZJ by the user depot for maintenance. The contractor should

    keep his qualified men and materials permanently at KZJ to maintain these Fire extinguishers.

    2. The work Centers/Stations from which the fire extinguishers would be collected and given tothe contractor at KZJ is furnished in table B.

    TABLE B

    Nominated Work Centers

    for Maintenance

    Details of the Work centers from which the Fire

    extinguishers would be collected given at SSE/C&W/KZJ

    SSE/C&W/KZJ

    All the work centers of different departments at KZJ and all the

    fire extinguishers available in the sections of the stations KZJ-

    NSKL, KZJ-CLE, KZJ-PTKP

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    3. For the fire extinguishers supplied at base depots SNF and KZJ the contractor should alwayskeep sufficient material and men permanently at the stations.

    4. The contractor would be given the storage facilities at SNF/KZJ by providing a room foroverhauling and keeping his spare materials. If required welding facility would be given at these

    locations to the contractor free of cost. Free electricity and water would be given for service

    room and equipments used.

    E. Fire Extinguishers at remaining stations in SC Division (other than SC sector and KZJSector):

    1. For maintenance of the fire extinguishers available on the line at various stations other than SCand KZJ cluster, the contractor has to mobilize his men and material periodically to 14

    earmarked stations and carry out the maintenance by mobilizing his men and material to these

    places for a period as required and complete all the schedules of the fire extinguishers which are

    within the jurisdiction.

    2. The Fire extinguishers would be supplied to the contractor to these 14 earmarked stations fromtheir respective sections as per the schedule by concerned user departments.

    3. The contractor has to keep his men and equipment at each of the station for a period mentionedin the schedule, once in three months and has to complete the maintenance of Fire extinguishers

    of the respective section.

    4. Nominated C&W Staff/Supervisor would accompany the contractor to these 14 earmarkedmaintenance stations to conduct the in process inspection and make liaison with station In-

    charge during the course of maintenance.

    5. The contractor has to make his own arrangement for transportation of his men, materials andequipments to the nominated places for maintenance of these Fire extinguishers available online

    as furnished in table C.

    TABLE C

    S.NoNominated stations for

    maintenance

    Jurisdiction of nominated maintenance station

    & work centers of other departments if any

    1 ALER GNPPGDP

    2 MABD YGL-GUU

    3 DKJ GLE-BKL, KRA-SYI

    4 BDCR GHPU-MUGR

    5 MDR MTMI-KI

    6 RDM OEA-RVKH

    7 BPA MMZ-RLT

    8 SRUR SKZR-WIRR

    9 MAGH VHGN-GDCR10 LPI BMT-LPI

    11 VKB NPL-TDU, VKB-ZB

    12 BIDAR MTV-UDGR

    13 LTTR KTKR-MRTY

    14 PRLI JTU-PRLI

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    NOTE:

    No accommodation to staff room would be provided at these stations by Railways to thecontractor.

    Service room would be provided to the contractor if available only. The contractor has to make his own arrangements at these locations for overhauling of the

    Fire extinguishers.

    F. Record Keeping:The records of maintenance, inspection and testing of all fire extinguishers shall be maintained in the

    register (one page shall be allowed to each extinguisher).

    1. The rate quoted shall be in inclusive of cost of materials and tools required to carry out the workof maintaining the fire extinguishers by the contractors at the nominated places onSecunderabad division of south central railway.

    2. The contractor has to bring his own tools for undertaking repairs by trained personnel at site.3. Materials that are to be used in fire extinguisher should be shown to railway representative

    before usage. Materials should have ISI (BIS) marking.

    G. COLLECTION AND DELIVERY:1. The Contractor and his staff will visit each nominated station along with the railway supervisor

    /representative of C&W staff as per the prescribed time schedule. The staff of the contractor will

    examine the fire extinguishers and its maintenance in presence of supervisor of C&W and the in

    charge of the custodian of fire extinguisher and obtain the inspection certificate.

    2. All the Fire Extinguishers due for maintenance will be brought and kept at nominated places bythe concerned representatives of custodians of Fire Extinguishers.

    3. All the branch officers will be advised that it is their responsibility to ensure that the fireextinguishers under then custody are given for attention.

    4. The mechanical department i.e. Sr.DME/C&W/SC will act as a felicitator of the contract only,and it shall be the responsibility of the custodian branch officers to get the fire extinguishers

    attended by the nominated contractor duly sending the fire extinguishers to the nominatedstation of the section as per schedule.

    5. All the fire extinguishers rejected will be sent to SSE/C&W/SNF or SSE/C&W/KZJ forreplacement.

    6. The fire extinguishers asked for the additional quantities by various departments has to becollected from SSE/C&W/SNF with prior information.

    7. The Contractor shall receive the fire extinguishers at nominated station and aftermaintenance/repair/refilling as the case may be, the contractor shall hand over the same back to

    the Railway authorities after Joint Inspection by the nominated Railway official.

    8. The supervisor nominated will be the In-charge for Inspection and certification of the work forthe section in table C.

    H. DELIVERY PERIOD:For local stations earliest delivery is preferred. Maximum time limit is 4 days from the date of receipt

    of maintenance due fire extinguishers by the contractor. Whereas at out stations the same day they

    have to examine and handover to the custodian.

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    I. SECURITY FOR RAILWAY MATERIAL:The maintenance of the fire extinguisher shall be done within the railway premises. The contractor is

    responsible for any loss/missing/damage, from the time of the receipt, till its delivery.

    4.2. INSPECTION:a. The inspection will be carried out by the concerned depot officer/depot in charges for C&W depots

    SC, HYB, SNF & KZJ and the nominated Railway representative for other depots/ stations/work

    centers.

    b. For inspection at out station, the Supervisor would be nominated by AME/C&W/SC.4.3. WARRANTY:

    a. The Contractor shall be responsible for any defects found in the maintenance of fire extinguisherarising within the six months from the date of replacing delivery/filing up. The contractor is bound

    to fill up/repair such defective fire extinguishers at free of cost. If he fails to do so the cost of filling

    up of fire extinguishers shall be recoverable from him. The contractor should submit a warranty

    certificate in this regard to the consignee along with each fire extinguisher.

    4.4. Penalty Clause:a. A penalty of Rs.200/- per day per occasion will be deducted for non carrying out the

    maintenance as per the schedule.b. A penalty of Rs.50/- per fire extinguisher per day will be deducted for late delivery after

    maintenance.

    c. A penalty of Rs.10/- will be deducted for non wearing uniform/identity cards duringworking.

    d. A penalty of Rs.1000/- will be deducted if any fire extinguisher found defective aftermaintenance.

    4.5. Payment:a. Payment for supply of fire extinguishers will be made as per the actual quantity supplied on

    monthly basis duly completing the inspection and acceptance.b. Payment will be made on monthly basis for the quantity completed by the contractor in the

    previous month duly deducting penalties if any.

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    5.4. SECURITY DEPOSIT:The successful tenderer will be required to remit Security Deposit as detailed below for the

    due fulfillment of the contract to the Senior Divisional Cashier/Pay/SC, SecunderabadDivision, South Central Railway, Secunderabad500 071. No interest will be allowed on

    the security deposit remitted.

    Security

    Deposit.

    The security deposit/rate of recovery/mode of recovery shall be as under:

    a) Security deposit for each work equivalent to 5% of the contract value.b) The rate of recovery will be @ 10% of the bill amount till the full

    security deposit is recovered.

    c) Security Deposit will be recovered only from the running bills of thecontract and no other mode of collecting SD such as SD in the form ofinstruments like Bank Guarantee, Fixed Deposit etc., shall be accepted

    towards the Security Deposit.

    5.5. PERFORMANCE GUARANTEE:a.

    The successful bidder should give a Performance Guarantee (Proforma given atAnnexure-G) in the form of an irrevocable bank guarantee issued by any Nationalized

    or Scheduled Bank amounting to 5% of the contract value as contained in Sl.No.3 ofamendment to GCC advised vide Railway Board Lr.No 2003/CE-I/CT/4/Pt. I dt. 12/16-

    5-2006.

    b. The Performance Guarantee will be furnished by the successful contractor after theletter of acceptance has been issued, but before signing of the agreement and should bevalid up to expiry of the maintenance period. The agreement (Annexure-F) should

    normally be signed within 15(fifteen)days after issue of Letter of Acceptance and the

    performance guarantee should also be submitted within this time limit.

    c. Performance Guarantee shall be released after satisfactory completion of the work andafter completion of the maintenance period.

    d. Whenever the contract is rescinded due to default of contractor, the security depositwill be forfeited and the performance guarantee will be en-cashed and the balance work

    will be got done separately.

    e. The defaulting contractor shall be debarred form participating in the tender forexecuting the balance work. If the failed contractor is a Joint Venture or a partnership

    firm, then every member/partner of such a firm would be debarred from participating inthe tender for the balance work either in his/her individual capacity or as a partner of

    any other JV/partnership firm.

    5.6. Conservancy Charges: As applicable from time to time to be levied (Cl6 of GCC &C.S.No.5 to GCC)

    5.7. The tenderer shall keep the offer open for minimum period of 120 days from the date ofopening of the tender, within which period the tenderer cannot withdraw his offer, subject

    to the period being extended further if required by mutual agreement from time to time.

    Any contravention of the above condition will make the tenderer liable to forfeiture of hisearnest money.

    5.8. At the advertised time and place, tenders received for a contract shall be opened by theTender officials and where practicable, the names of the Tender and the details tendered by

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    them read out in the presence of such of the intending contractors or their agents withproper authorization from the tenderers as may attend.

    5.9. WORK DIARY:The contractor shall maintain a work diary containing details which shall be jointly

    certified by the contractors representative and the respective depo t officer or hisrepresentative daily. Extract of this diary has to be submitted along with the bills without

    which the bills cannot be settled.

    5.10. PAYMENT CLAUSE:Bill passing authority

    Senior Divisional Mechanical Engineer/Carriage &wagon,Secunderabad. S.C.Railway.

    Bill paying authoritySenior Divisional Financial Manager, S.C.Railway,

    Secunderabad.

    The payment will be arranged by Sr.DFM/Secunderabad directly through cheque/draft/NEFT/RTGS(The required details of the firm to be filled as per annexure-E).

    a. No payment shall be made by the Railway to the Contractor separately asreimbursement of ED, if any, on the components and raw materials used in

    manufacture of the equipment or on the finished equipment(s) forming part of thecontract. The supply price shall be free for free delivery at site including freight and

    transit insurance and shall be NET and FIRM including all duties and taxes, direct orindirect leviable under Central , State or local bodies, acts or rules.

    b. Alternative offer, if any, shall be made separately and shall not be combined with themain offer in Price Schedule.

    c. Prior approval of the competent authority should be obtained for the samples of all thematerial which are going to be utilized at site.

    d. No import license for any plan/equipment or any of the components will be arrangedby Railways.

    e. The bill/invoice under this contract shall be preferred in Railway bill form in duplicateon every following month of the actual work done and such bill shall be submitted to

    the CDO/Senior Section Engineer/Carriage & Wagon of the concerned depot who will

    verify the satisfactory completion of the work and forward the certified bills to theoffice of the Sr. Divisional Mechanical Engineer (Carriage & Wagon)/(Mechanical),

    Secunderabad Division, South Central Railway, 4th Floor, Sanchalan Bhavan,

    Secunderabad - 500 071 for arranging payment by Senior Divisional Finance Manager

    through Senior Divisional Cashier. No interest is payable if the payment is delayeddue to any reasons.

    f. Payment in full of such bills subject to audit and deductions which the Governmentmay make in respect of any moneys due to it under the provisions contained in theAgreement, shall be made to the contractor by the Senior Divisional Finance Manager,

    Secunderabad Division, South Central Railway, Secunderabad 500 071 after the

    receipt of the bills monthly by him from the Sr. Divisional Mechanical Engineer

    (Carriage & Wagon)/(Mechanical), Secunderabad Division, South Central Railway,4th Floor, Sanchalan Bhavan, Secunderabad - 500 071. Necessary Income Tax at the

    rate of 2% and 12 % surcharge on Income tax and 2% Educational cess or at the rate

    applicable and other applicable deductions from time to time will be recovered from

    the contractors bills.

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    5.11. VARIATIONS IN QUANTITIES:a. The Railway reserves the right to alter the designs and drawings. If due to change of

    drawing or design or any other reasons, there be variations, either increase or decrease in

    quantities, payment will be made only for the actual quantities executed at the accepted

    rates. If there be sufficient cause the Railway may grant extension of the date ofcompletion suitably. Such circumstances shall in no way affect or vitiate the contract or

    alter the character thereof, or entitle the contractor to damages or compensation thereof

    except as provided for in this contract.

    b.The quantities of each item of work furnished in the Schedule are approximate and areintended for the guidance of Tenderer/Contractor. In actual execution of work there may

    be some increase in the quantities specified. Such variation up to 25% shall in no degree

    affect the validity of the contract and it shall be performed by the contractor as providedtherein and be subjected to the same conditions, stipulations and obligations originally

    and expressly included and provided for in specifications and drawings and the amount

    to be paid therefore shall be calculated in accordance with accepted schedule rates.

    c. In the event of any reduction in the quantity to be executed for any reasons whatsoever,the contractor shall not be entitled to any compensation but shall be paid only for the

    actual amount of work done.

    d.For SOR items the limit of 25% would apply to the value of SOR schedule as a wholeand 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.

    e. The limit for varying quantities for minor value items shall be 100 %( A minor valueitem for this purpose is defined as an item whose original agreement value is less than ofthe total original agreement value).

    f. Execution of quantities beyond 25% of the overall agreement value should not bepermitted, and if found necessary, will be executed through fresh tender. If floating afresh tender is considered not practicable, negotiations may be held with the existing

    contractor for arriving at reasonable rates for additional quantities in excess of 125% of

    agreement quantity.

    g.No such quantity variation limit shall be apply for foundation items.h. In case the contractor fails to attend the meeting after being notified to do so or in the

    event of no settlement being arrived at, the Railway shall be entitled to execute the extra

    works by other means and the contractor shall have no claim for loss or damage that

    result from such procedure.

    5.12. Employment/Partnership, etc., of Retired Railway Employees:a. Should a tenderer be a retired engineer of the Gazzeted rank or any other Gazzeted

    Officer working before his retirement, whether in the executive or administrative

    capacity, or whether holding a pensionable post or not, in any department of any of theRailways owned and administered by the President of India for the time being, or

    should a tenderer being a Partnership concern have as one of its partners a retired

    engineer or retired Gazzeted Officer as aforesaid, or should a tenderer being anincorporated company have any such retired Engineer or retired Officer as one of itsDirectors, or should a tenderer have in his employment any retired Engineer or retired

    Officer as aforesaid, the full information as to the date of retirement of such Engineer or

    Gazzeted Officer from the said service and in case where such Engineer or Officer hadnot retired from the Government service at least 2 years prior to the date of submission

    of the tender as to whether permission for taking such contract, or if the contractor be a

    partnership firm or an incorporated company, to become a partner or Director as the

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    case may be, or to take the employment under the contractor, has been obtained by thetenderer or the Engineer or Officer, as the case may be, from the President of India or

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

    time of submitting the tender. Tenders without the information above referred to orwithout a statement to the effect that no such retired Engineer or retired Gazzeted

    Officer is so associated with the Tenderer, as the case may be, shall be rejected.

    b. Should a tenderer or contractor being an individual on the list of approved contractors,have a relative(s) or in the case of Partnership concern or company of contractors one or

    more of his shareholder(s) or a relative(s) of the shareholder(s) employed in Gazzetedcapacity in any department of any of the Railways, the authority inviting tenders shall

    be informed of the fact at the time of submission of tender, failing which the tender maybe disqualified/rejected or if such fact subsequently comes to light, the contract may be

    rescinded in accordance with the provision in clause 62 of the General Conditions of

    Contract.

    c. In the event of a tender being submitted by a firm the tender must, except in the case ofa well known and recognized firm, be signed separately by each partner thereof and in

    the absence of any one or more of the partners by the person or persons holding Power

    of Attorney from such absent partner or partners authorizing him to do so. In the case of

    well known or recognized firm the person signing the tender on behalf of such firm

    must enter his own name in the margin and state the authority under which he signs (Anauthorization letter may be submitted by the Successful Tenderer before entering into

    Tender Contract).

    5.13. Execution of Contract Documents:The tenderer whose tender is accepted shall be required to appear in person at the office of

    the Sr. Divisional Mechanical Engineer (Carriage & Wagon)/(Mechanical), Secunderabad

    Division, South Central Railway, 4th Floor, Sanchalan Bhavan, Secunderabad - 500 071(or) the concerned Engineer, as the case may be, or in case of a firm or corporation, a duly

    authorized representative shall so appear and execute the Contract Documents within 15

    (fifteen) days after receipt of the letter of acceptance of the tender. Failure to do so shall

    constitute a breach of the agreement effected by the acceptance of the tender in which casethe full value of the Earnest Money accompanying the tender shall stand forfeited without

    prejudice to any other rights or remedies available to the Railway.

    5.14. Partnership deeds, Power of Attorney etc:The tenderer shall clearly specify whether the tender is submitted on his own or on behalf

    of a Partnership concern. If the tender is submitted on behalf of a Partnership concern, he

    should submit the certified copy of partnership deed along with the tender and authorization

    to sign the tender documents on behalf of Partnership concern. If these documents are notenclosed along with tender documents, the tender will be treated as having been submitted

    by individual signing the tender documents. The Railway will not be bound by any power

    of attorney granted by the tenderer or by changes in the composition of the firm made

    subsequent to the execution of the contract. It may, however, recognize such power ofattorney and changes after obtaining proper legal advice, the cost of which will be

    chargeable to the contractor.

    5.15. The tenderer, whether sole Proprietor, a Limited Company or a Partnership Concern, ifthey want to act through an agent or individual partner, should submit along with the tender

    or at a later stage, a power of attorney duly stamped and authenticated by a Notary Public

    or by Magistrate in favour of the specific person whether he be partner of the firm or any

    other person specifically authorizing him to submit the tender, sign the agreement, receivemoney, witness measurements, sign measurement books, compromise, settle, relinquish

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    any claim(s) preferred by the firm and sign the No Claim Certificate and refer all or anydisputes to arbitration.

    5.16. Tenderers who have not previously worked for this Railway Administration shouldenclose true copies of testimonials, which will not be returned. The Tenderer is/Tenderers

    are required to produce along with his/their Tender, an attested certificate from theemployer/Client, an Audited Balance sheet, duly certified by the Chartered Accountant etc,

    should be submitted. Documents testifying to the Tenderer/Tenderers' experience and

    financial status should be produced when desired by the Railway.

    5.17. If the tenderer/tenderers deliberately gives/give wrong information in his/their tender orcreates/create circumstances for the acceptance of his/their tender, the Railway reserves the

    right to reject such tender at any stage.

    5.18. If a tenderer expires after submission of his tender, the Railway shall deem such tender ascancelled. 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 as cancelled unless the firm

    retains its character.

    5.19. The authority for the acceptance of the tender will rest with the Sr. Divisional MechanicalEngineer (Carriage & Wagon)/(Mechanical), Secunderabad Division, South Central

    Railway, 4th Floor, Sanchalan Bhavan, Secunderabad -500 071, who does not bind himself

    to accept the lowest or any other tender nor does he undertake to assign reasons fordeclining to consider any particular tender or tenders.

    5.20. The Competent Authority representing this Railway reserves the right of revision ortermination of this contract as provided under the clause Determination of Contract of

    the General conditions of the contract.

    5.21. All the conditions of the tender shall form part and parcel of the agreement.5.22. The tenderers are required to sign on each page of the entire tender documents.5.23. The Tenderer/Tenderers, before submission of Tender, may specifically take note of

    "CORRIGENDUM", issued to the original Tender Notice, if any, through News Paperspublication. This may be confirmed in the office of the undersigned also.

    5.24. The contractor shall be responsible for the supply of identity cards and uniform to allemployees employed by him in carrying out the contract. The uniform shall be neat andtidy. A sample identity card and uniform will have to be submitted to the RailwayAdministration for approval. Failure if any will attract penal clause.

    5.25. Transportation of materials, labour etc., is the responsibility of the contractor.5.26. The standard General Conditions of contract (GCC) for Civil Engineering works as

    amended from time to time will be applicable for this contract by Mechanical Departmentalso. The Engineer defined in clause 1 of standard GCC shall be interpreted to include

    Engineer of Mechanical Department also for operation of GCC.

    5.27. a. These regulations for tenders and contracts shall be read in conjunction with the otherstandard. General Conditions of contract and shall be subjected to modifications,

    additions or suppression by special conditions of contract and / or special specifications,if any annexed to the tender forms. Whenever provisions of those conditions are in

    variance with the standard general conditions, these special conditions prevail

    b. It is hereby agreed that it shall be the duty of the contractor to keep himself informed ofall the corrections and amendments of the standard general conditions of contract made

    up-to-date of the execution of these presents and no objection shall be taken by the

    contractor on the ground that he was not aware of such amendments and corrections ofthe standard general conditions of the contract or to any of them.

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    5.28. It shall be understood that every endeavor has been made to avoid any error which canmaterially affect the basis of tender and the successful tenderer shall take upon himself and

    provide for risk of any error which may subsequently be discovered and shall make no

    subsequent claim on account thereof.

    a. Before submitting a tender, the tenderer will be deemed to have satisfied by actualinspection of the site and locality of the works, that all conditions liable to be

    encountered during the execution of the works are taken into account and that the rates

    he enters in the tender forms are adequate and all inclusive to accord with provisions in

    Clause 37 of the Standard General Conditions of the contract for the completion of thework to the entire satisfaction of nominated Manager.

    b. When work is tendered for by a firm or company of contractors, the tender shall be

    signed by the individual legally authorized to enter into commitments on their behalf.The Railway will not be bound by any power of attorney granted by the tenderer or by

    changes in composition of the firm made subsequent to the execution of the contract. It

    may however, recognize such power of attorney and changes after obtaining properlegal advice, the cost of which will be chargeable to the contractor.

    5.29. The Railway reserves the right to reject any tender or all tenders without assigning reasonsfor any such action of not to invite tenders for any work or works or to invite open or

    limited tenders, and when tenders are called to accept a tender in whole or in part.

    5.30. Ordinarily the lowest tender may be accepted by the Railway unless such acceptancewould not be to the public interest. The acceptance or rejection of any tender is left entirely

    to the discretion of the authority empowered to deal with the matter and no explanation can

    be demanded of the cause of rejection of his tender by any tenderer.

    5.31. Should a Tenderer or Contractor be an individual on the list of approved contractors, or arelative employed in Gazzeted capacity in the S.C.Rly, or in the case of a partnership firm

    or company incorporated under the Indian Company Law should a partner or a relative ofthe partner or a share holder or relative of a shareholder be employed in Gazzeted capacity

    on S.C.Rly. the authority inviting tenders shall be informed of the fact at the time of

    submission tenders failing which the tender may be rejected or if such information

    subsequently comes to light the contract may be rescind in accordance with the provisionin Clause 62 of the General Conditions of contract.

    5.32. The contract shall be governed by law for the time being in force in the Republic of India.5.33. TIME SCHEDULE:

    a. The entire work shall be completed in STIPULATED PERIOD from the date thecontract comes into effect. If any modifications to contract specification are ordered

    which in the opinion of the Sr. Divisional Mechanical Engineer (C&W), S.C.Rly/SC.

    materially increase the magnitude of the work, then extension of the contractual date ofcompletion may be granted as shall appear to the Sr. Divisional Mechanical Engineer

    (C&W), S.C.Rly/SC to be reasonable in the circumstances provided that the contractor

    shall be responsible for requesting such extension of the date as he may consider

    necessary as soon as a cause there of shall arise and in any case not less than a monthbefore the expiry of the original date fixed for the completion of the works.

    b.Extension of time on Railways accountThe event of any failure or delay by the Railway to furnish the contractor data and other

    salient particulars necessary for progressing with tender schedules or to give thenecessary notice to commence the works or any other delay caused by the Railway due

    to any other cause what so ever, then such failure or delay shall in no way affect or

    vitiate the contract or alter the character there of or entitle the contract to damages or

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    compensation thereof but in any such case the Railway may grant such extensions of thecompletion date as may be considered reasonable.

    c.Extension of time on Contractor's account.The time for the execution of the work or part of the works specified in the contract

    documents shall be deemed to be the essence of the contract and the works must becompleted not later than the date(s) as specified in the contract. If the contractor fails to

    complete the works within the time as specified in the contract for the reasons other

    than the reasons specified in clause 17 and 17 -A, the Railway may, if satisfied that theworks can be completed by the contractor within reasonable short time thereafter, allow

    the contractor for further extension of time (Proforma Annex I) as the Engineer may

    decide. On such extension the Railway will be entitled without prejudice to any other

    right and remedy available on that behalf, to recover from the contractor as agreeddamages and not by way of penalty a sum equivalent to 1/2 of 1 % of the contract value

    of the works for each week or part of the week.

    For the purpose of this clause, the contract value of the works shall be taken as value ofwork as per contract agreement including any supplementary work order/contract

    agreement issued. Provided also, that the total amount of liquidated damages under this

    condition, shall not exceed the under noted percentage value or of the total value of the

    item or groups of items of work for which a separate distinct completion period isspecified in the contract.

    (i) For contract value up to Rs. 2 lakhs - 10% of the total value of the contract.(ii)For contracts valued above Rs. 2 lakhs - 10% of the first Rs.2 lakhs and the 5%

    of the balance.

    Provided further, that if the Railway is not satisfied that the works can be completed

    by the Contractor and in the event of failure on the part of the contractor to complete

    the work within further extension of time allowed as aforesaid, the Railway shall beentitled without prejudice to any other right or remedy available in that behalf, to

    appropriate the contractor's security deposit and rescind the contract under clause 62

    of these conditions, whether or not actual damage is caused by such default. (OR) The competent authority while granting extension to the currency of the contractunder clause 17 (B revised) of GCC may also consider levy of token penalty asdeemed fit based on the merit of the case.

    5.34. Matters finally determined by the Railway:All disputes and differences of any kind whatsoever arising out of or in connection with thecontract, whether during the progress of the works or after the completion and whether

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

    Railway and Railway shall return within a reasonable time after their representation madeand modify decisions thereon in writing. The decisions, directions, clarifications with

    respect to any matters the decisions of which is specially provided by these or other special

    conditions, given and made by the Railway represented by the Sr. Divisional Mechanical

    Engineer (C&W), S.C.Rly/SC be referred herein after as expected matters as per part II(s)and shall be final and binding upon the contractor and shall not be set aside on account of

    any informality, omission, delay or error in proceedings in or about the same or any other

    ground or for any other reasons and shall be without appeal.

    5.35. No allowance or any other compensation will be paid by S.C.Rly for the visits of thecontractor or his representatives to S.C.Rly site and for the time spent by them at S.C.Rly

    site, for performing work covered under this contract.

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    5.36. Change in the scope of the work:If during the course of the contract period project, it is found that S.C.Rly wants changes in

    the scope of work, then the CONTRACTOR and S.C.Rly may negotiate the contract scope

    of the work.

    5.37. Rates lump sum:The rates quoted for different items as outlined in the Tender Schedule to this tender shallbe lump sum for each item. No other charges are payable by S.C.Rly. In the event of

    extension being given to the contractor(s) by S.C.Rly for completing the work on anyground (s), S.C.Rly is not liable to pay any additional amounts. Same holds good even if the

    contractor completes the work before stipulated time.

    5.38.The CONTRACTOR will confirm to the RAILWAYS internal procedural requirements forpayment with respect to form of billing enclosure to bill, certification raising of bills

    against the Railway for the services under this agreement etc. These internal procedurerequirements for such payments will be intimated by the RAILWAY to the CONTRACTOR

    at appropriate time. The CONTRACTOR will comply with all the internal procedures with

    respect to entry into RAILWAYS premises, confidentiality of certain documents,

    acknowledgements etc., which are required for executing the works under this agreement.

    5.39. Submission of Current and valid Income-Tax Clearance Certificate:5.40. Submission of current and valid Income Tax Clearance Certificate by the contractor is an

    essential requirement for payment by the Railway without which the payment will not be

    released to the contractor. As per the provision of IT Act 1961 deduction towards taxdeducted at source will be made from the amount payable to the contractor i.e., at 2%

    Income tax & 15% surcharge on IT or at the rate applicable from the time to time.

    5.41. The S.C.Rly will make payment to the contractor through local crossed cheque in favour ofthe contractor.

    5.42. Reporting of accidents to labour:The contractor shall be responsible for the safety of all employees directly or through the

    petty contractors or sub contractors employed by him on the works and shall report serious

    accidents to any of them however and wherever occurring on the works to the mechanical

    engineer or his representative and shall make every arrangement to render all possible

    assistance.

    5.43. Patent rights:a. Normally the Contractor is forbidden to use any patent covering the materials, articles,

    process papers, registered documents etc. However, it shall be the sole responsibility ofthe Contractor to obtain such written permission from the patent owners, if the

    contractor is required to make use of such patents in the work. It shall be sole

    responsibility of the Contractor to defray all expenditure in connection with obtainingsuch permission or payment of royalties out of such permission. S.C.Rly shall have the

    right however, under this contract to undertake any changes by itself or through anyagency chosen by it, all such patented materials or registered documents etc.

    b. The contractor shall indemnify S.C.Rly against any claim or damage or demand beingmade or action being brought against S.C.Rly for infringement of patent right in respectof work of teething or supplied by the contractor under this contract or in respect of an

    method or using or working by S.C.Rly all such work or things the contractor has

    brought and installed.

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    c. Notwithstanding the above, the final payment to Contractor shall not be made while anysuit or claim in respect of patents mentioned in the aforesaid clauses remains un-settled.

    The contractor shall however, be called upon the procedure for the Railway the right for

    continued use of these said patented material which is involved in a suit.

    5.44. CONDITIONS OF OTHER IMPORTANT LABOUR AND OTHER ACTS:The stipulated standard relevant provisions of the following acts (amended from time to

    time) should be strictly adhered to by the contractor during the course of contract period.

    The contractor is solely responsible for violation of such provisions and its consequences.a. Minimum wages act 1948.b.Payment of wages act 1936.c. Provision of contract labour act 1970.d.Workmens compensation act 1923.e. ANY OTHER RELEVANT GOVT. ACTS as applicable to the contract shall be

    complied.

    5.45. DETERMINATON OF CONTRACT:Right of Railway to determine contract:

    a. The Railway shall be entitled to determine and terminate the contract at any timeshould, in the Railways opinion, the cessation of work becomes necessary owing topaucity of funds or from any other cause whatsoever, in which case the value of

    approved materials at site and of work done to date by the contractor will be paid for infull at the rates specified in the contract. Notice in writing from the Railway of such

    determination and the reason therefore shall be conclusive evidence thereof.

    b. Payment on determination of contract by RailwayShould the contract be determined under sub clause (1) of this clause and thecontractor claims payment for expenditure incurred by him in the expectation of

    completing the whole of the works, The Railway shall admit and consider such claims

    as are deemed reasonable and are supported by vouchers to the satisfaction of the

    Engineer. The contractor shall have no claims as are deemed reasonable and aresupported by vouchers to the satisfaction of the Mechanical Engineer. The contractor

    shall have no claim to any payment of compensation or otherwise, howsoever on

    account of any profit or advantage which he might have derived from the execution ofthe work in full but which he did not derive in consequence of determination of the

    contract. The Railways decision on the necessity and propriety of such expenditure

    shall be final and conclusive.

    c. Determination of Contract owing to default of contractor:-If the contractor should:-

    i. Became bankrupt or insolvent, orii. Make an arrangement with or assignment in favour of his creditors, or agree to

    carry out the contract under a committee of inspection of his creditors, or

    iii. Being a company or corporation, go into liquidation (other than a voluntaryliquidation for the purpose of amalgamation or re-contraction) or

    iv. Have an execution levied on his goods or property on the works, orv. assign the contract or any part thereof otherwise than as provided in Clause 7 of

    General Conditions of Contract of Civil Engineering Works or

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    vi. Abandon the contract, orvii. persistently disregard the instructions of the Sr. Divisional Mechanical Engineer

    (Carriage & Wagon)/(Mechanical), Secunderabad Division, South Central

    Railway, 4th Floor, Sanchalan Bhavan, Secunderabad - 500 071, or contravene

    any provision of the contract, or

    viii. Fail to adhere to the agreed programme of work by margin of 10 percent of thestipulated period.

    Sr.Div.Mech.Engineer,(Carriage & Wagon)/BG, S.C.Rly., Secunderabad),

    (For & on behalf of the President of India).

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    6. MEANING OF TERMS:In these regulations for tender and contractors, the following terms shall have the meaning

    assigned hereunder, except where the context otherwise requires:-

    a. "RAILWAY" shall mean the president of the republic of India or the administrative officerof the south central railway or of the successor railway authorized to invite tenders and

    enter into contracts for works on his behalf.

    b. General Manager shall mean the officer in administrative charge of the whole of southcentral railway and shall mean and include the General Manager of the successor railway.

    c. Sr.Divisional Mechanical Engineer (C&W)/SC means the officer in charge of the carriageand wagon branch of mechanical department of Secunderabad division of south central

    railway.

    d. Chief Mechanical Engineer/SC Rly means the principal HOD officer-in-charge of entiremechanical department of south central railway.

    e. C.R.S.E./SC Rly (Chief Rolling Stock Engineer) the principal officer in charge of the rollingstock. (Loco & C&W) of the entire south central railway.

    f. Divisional railway manager means the administrative officer in-charge of a division of southcentral railway for the time being.

    g. "Open tenders" shall mean tenders invited in open and public manner and with adequatenotice.

    h. "Work" shall mean the works contemplated in the schedules set forth in the tender formsand description of contract and required to be executed according to specifications.

    i. "Specifications" shall mean the specifications for materials & works, south central railwayissued under the authority of Sr.Div.Mech. Engineer (C&W) SC Div/SC Rly, added, insuperseded by special specifications, if any appended to the tender forms.

    j. `CONTRACTOR' means the present firm/company on whom the order of the supply isplaced/will be placed.

    k. PURCHASER means the Indian Railways on behalf of the President of the Republic ofIndia who are Purchasing the destination board and passenger information display system.

    l. Indian Railways is hereafter referred to as I.R.

    Signature of the tenderer

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    Annexure-A

    PROFORMA

    ENGINEERING ORGANIZATION

    1. Engineering Organization available on HandS.No Name & Designation of

    Employee

    Qualification Previous

    Experience

    Working

    From to

    1

    2

    3

    2. Engineering Organization Proposed to be engaged for this work from the above.

    S.No Name & Designation ofEmployee Qualification PreviousExperience Remarks

    1

    2

    3

    3. Engineering Organization Proposed to be engaged for this work from outside.S.No Name & Designation of

    EmployeeQualification Previous

    ExperienceRemarks

    1

    2

    3

    (A suitably worded consent Letter From such a person should be obtained and enclose).

    Signature of the Tenderer(S).

    Name of the Tenderer(s).

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    Annexure-B

    PROFORMA

    PLANT & MACHINERY

    1. Plant & Machinery available on Hand:S.No Particulars of

    M&P

    No

    ofunits

    Kind

    andmake

    Capacity Age and

    Condition

    Approx

    Cost inRs. In

    Lakhs

    Purchase Bill

    No & Date andRegistration

    Particulars

    1

    2

    3

    2. Plant & Machinery proposed to be inducted from above:S.No Particulars of

    M&P

    Noof

    units

    Kindand

    make

    Capacity Age and

    Condition

    ApproxCost in

    Rs. In

    Lakhs

    Purchase BillNo & Date and

    Registration

    Particulars

    1

    2

    3

    3. Plant & Machinery proposed to be inducted from Outside:S.No Particulars of

    M&P

    No

    of

    units

    Kind

    and

    make

    Capacity Age and

    Condition

    Approx

    Cost in

    Rs. InLakhs

    If to be

    Purchased give

    likely date ofreceipt and

    suppliers name.

    1

    2

    3

    Signature of the Tenderer(S).

    Name of the Tenderer(s).

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    Annexure-C

    EXPERIENCE CERTIFICATE

    S.No Work Details Details

    1. Name of Work2. Agreement Number and Date & Name

    of the agency.

    3. Agreement Value in Rupees (in wordsand figures)

    4. Due date of Completion5. Number of Extensions granted6. Actual date of completion of work7. Value of Final Bill Passed (in words)8.

    Work Completed but Final

    measurements not recorded.

    a) Amount paid so far as in CC BillNo.

    9. Work Completed final Measurementsrecorded with negative variation.a) Amount paid so far as in CC Bill

    No.

    10.Work Completed, Final measurements

    recorded with positive variation which

    is not sanctioned yet.a) Original agreement value or last

    sanctioned agreement value

    whichever is lower.

    Note:

    1) This certificate in this proforma is to be issued only for completed work.2) This certificate to be issued only by Sr.DME in charge of the work in open line and by

    Dy.CME in charge of the work in Workshops. This type of certificate may be obtained from

    superintendent Engineer in charge of the work from state Government/Public Sector

    Undertakings.

    Signature :

    Name of Officer :

    Designation :

    Address :

    Office Seal :

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    Annexure-D

    LIST OF WORKS ON HAND WITH THE TENDERER

    S.NoName of

    Work

    AgreementNo and

    Date

    Designation

    and Address

    of

    Agreement

    signingAuthority

    AgreementValue in

    Lakhs

    Bill

    Amountpaid so

    far in

    Lakhs

    Due date of

    Completion

    Number ofExtensions

    taken.

    Railway Works

    State Govt Works

    Public Sector Undertaking Works

    Signature of the Tenderer(S).

    Name of the Tenderer(s).

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    Annexure-E

    NEFT is mandatory from 01-01-2008. No Registration/Renewal of Firms will be granted without

    NEFT system after 01-01-2008. All payments after 01-04-2008 will be made only through

    NEFT/RTGS. Firms to keep the Mandate Form along with their offers. Payment cannot be made

    without Mandate Forms.

    NATIONAL ELECTRONIC FUNDS TRANSFER (NEFT)

    MANDATE FORM (NEW)

    From:

    M/s. Date:

    To

    Senior Divisional Financial Manager

    S.C.Railway

    Secunderabad.

    Sub: NEFT Payments.

    We prefer to the NEFT being set up by S.C.Rly. For remittance of our payments using RBIs

    NEFT scheme. Our payments may be made through the above scheme to our under noted account.

    1. Name of the City :

    2. Bank Code No :

    3. Name of the Bank :

    4. Branch Address :

    5. Branch Tel/Fax No :

    6. Suppliers/Contractors Account No :

    7. Type of Account :

    8. IFSC Code for NEFT :

    9. IFSC Code for RTGS :

    10.Suppliers/Contractors name as per

    account:

    11. Telephone No. of Supplier/Contractor :

    12. Suppliers/Contractors E-mail ID :

    13. PAN No. :

    14. TIN No. :

    15. Confirmed by Bank :

    (Enclose a copy of cancelled cheque)

    Signature of Supplier/Contractor

    Stamp& Address

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    Annexure-F

    AGREEMENT OF WORK

    (Not to be filled at the time of submission of the tender)CONTRACT AGREEMENT NO. --------------------------------------- Dated ----------------------------

    2008. ARTICLES OF AGREEMENT made this ---------------------- day of --------------------2008

    between the president of India acting through the Railway Administration hereinafter called the

    RAILWAY of the one part and ---------------------------------------------------hereinafter called

    CONTRACTOR of the other part. WHEAREAS the contractor has agreed with the railway for theperformance of the work ofSupply and maintenance of DCP type 5Kg fire extinguishers of all

    the branches in SC division for a period of 2 years. set forth in the schedule here to annexed upon

    the General Conditions of contract and the specifications of the South

    Central Railway and the special condition and special specification and in conformity with the

    drawings here up to annexed AND WHEREAS the performance of the said work is an act in whichthe public are interested. NOW THIS INDENTURE WITNESSETH that is consideration of the

    payments to be made by the Railway, the contractor will duly perform the said works in the said

    schedule set-forth and shall execute the same with great promptness, care and accuracy in a workman

    like manner to the satisfaction of the railway and will complete the same in accordance with the saidspecifications and said of conditions of contract on or before the -------------------------------------------

    day of ------------ --------------------------- 2008 and will maintain the said works for period of ------------------------------------- --------------------- calendar months from the certified date of their completionand will observe, fulfill and keep all the condition therein mentioned (Which shall be deemed and

    taken to be part of this contract as if the same had been fully set-forth herein) AND the RAILWAY

    do hereby agree that if the CONTRACTOR shall duly perform the said work in the manner aforesaidand observe and keep the said terms and conditions, the Railways will pay or cause to be paid to the

    contractor for the said works on the final completion there of amount due in respect thereof at therates specified in the schedule hereto annexed.

    Signature of Contractor Senior Divisional Mechanical Engineer/Carriage &wagon

    (Secunderabad. S.C.Railway.)for and on behalf of THE PRESIDENT OF INDIA

    Contractor Address

    DATE:

    Signature of Witness (with address)

    1.

    2

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    Annexure-G

    GUARANTEE BOND

    (On Stamp Paper of requisite value)

    (To be used by approved Scheduled Banks)

    1.In consideration of the President of India, acting through the Senior Divisional MechanicalEngineer/Carriage &wagon, Secunderabad. S.C.Railway. (hereinafter called 'Government') having

    agreed to exempt ____________ herein after called the said Contractor (s)') from the demand,

    under the terms and conditions of Agreement No. dated__________ made between _________and __________________ for _______ (hereinafter called 'the said Agreement'), of Performance

    Guarantee for the due fulfilment by the said Contractor(s) of the terms and conditions contained in

    the said Agreement on production of irrevocable Bank Guarantee amounting to 5% of the contract

    value i.e.Rs.________________ only. We ___________________ (indicate the name of

    Bank)(hereinafter referred to as '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 undertake to keep this performance guarantee in force till satisfactory completion of the workand maintenance period is over.

    3.We, ___________________(indicate the name of the bank) do hereby undertake to pay theamounts 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 or any breach by the said Contractor(s) of any of the terms and

    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 thisguarantee shall be restricted to an amount not exceeding Rs.____________

    4.We undertake to pay to the Government any money so demanded notwithstanding any dispute ordisputes raised by the Contractor(s)/Supplier(s) in any suit or proceeding pending before any court

    or tribunal relating there to 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)/Suppliers) shall have no claim against us for making such payment.

    5.We,_____________________ (indicate the name of the bank ) further agree that the guaranteeherein 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 claimssatisfied or discharged or till Senior Divisional Mechanical Engineer/Carriage &wagon,

    Secunderabad. S.C.Railway 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

    _________we shall be discharged from all liability under this guarantee there after.

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    6.We,_____________ (indicate the name of the Bank) further agree with the Government that theGovernment 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 forbear or enforce any of the terms and conditions relating to the said

    Agreement and we shall not be relieved from our liability by reason of any such variation, or

    extension being granted to the said contractor(s) or for any for bearance, act or omission on thepart of the Government or any indulgence by the Government or by any such matters or thing

    whatsoever which under the law relating to sureties would, but for this provision, have effect of so

    relieving us.

    7.This guarantee will not be discharged due to the change in the constitution of the Bank or theContractor(s)/ Supplier(s).

    8.We, _______________ (indicate the name of the bank) lastly undertake not to revoke thisguarantee during its currency except with the previous consent of the Government in writing.

    Dated, the______ day of_________________ for ____________________________

    __________________________________.

    (SIGNATURE)

    BANK

    Witness:

    1.

    2.

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    ANNEX. I

    REGISTERED ACKNOWLEDGEMENT DUE

    Dated:..............................

    ..

    ..

    Sub. (i)............................................................................................ (name of work).

    .

    (ii) Acceptance letter No..................... .

    (iii)Understanding/Agreement No.. ........................................... ...........

    .

    Ref.: .....................................Quote specific application of Contractor for extension to the

    date received)...........................................................................

    Dear Sir,

    The stipulated date for completion of .the work mentioned above

    is.......................................from the progress made so far and the present rate of progress, it is unlikelythat the work will be completed by the above date (or However, the work was not completed on thisdate).

    2. Expecting that you may be able to complete the work, if some more time is given, the

    competent authority, although not bound to do so, hereby extends the time for completion

    from..................................

    3. Please note that an amount equal to the liquidated damages for delay in the

    completion of the work after the expiry of............................................ (give here the stipulated date

    for completion with/without any penalty fixed earlier) will be recovered from you as mentioned inclause, 17(4) of the General Conditions of Contract for the extended period, notwithstanding the

    grant of this extension. You may proceed with the work accordingly.

    4. The above extension of the completion date will also be subject to the furthercondition that no increase in rates on any account will be payable to you.

    5. Please intimate within a week of the receipt of this letter your acceptance of the

    extension of the conditions stated above.

    6. Please note that in the event of your declining to accept the extension on the abovesaid conditions or in the event of your failure after accepting or acting up to this extension to

    complete the work by............................ (here mention the extended date, further action will be taken

    in terms of clause 62 of the General Conditions of Contract.

    Yours faithfully,

    Sr.DME/C&W/SC

    For and on behalf of the President of India

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    TENDER NOTICE

    Tender Notice No. CM.CW.36.fe.maint.5.09-10 Dt.13.7.09

    For and on behalf of President of India, Sr.DME/C&W/SC, 4th Floor Sanchalan Bhavan,

    South Central Railway, Secunderabad invites sealed Open Tenders in prescribed tender forms

    from reputed contractors with adequate experience and financial capability for the under

    mentioned work.

    Name of work: Supply and maintenance of DCP type 5Kg fire extinguishers of all the branches

    in SC division for a period of 2 years.

    Estimated cost Tender form cost EMD Date and place of opening

    Rs. 66,01,976/-Rs. 5620/- by hand

    Rs. 6120/- by post

    Rs.1,32,050/-

    19.8.09 at 15.30 hrs at Tender Hallsituated in the premises of old DRMsCompound/Office of Sr. Divisional

    Engineer (Co-ord)/Hyderabad Division

    Sr.Div.Mech.Engineer,(C & W)/BG, S.C.Rly., Secunderabad),

    (For & on behalf of the President of India).

    Refer: tender document in website atwww.tenders.gov.infor further details

    Tender Notice No. CM.CW.36.fe.maint.5.09-10 Dt.13.7.09

    Copy forwarded to CPRO/SC (ten copies) for kind information with a request to arrange the

    publication in all leading News Papers before 17.7.09 and send published Copies of the same tothis office for reference and record. Cost may please be debited to Accounts Head06-130-21

    accounting unit Sr.D.F.M/SC/S.C.Rly. Copy to Divl. Cashier (pay) S.C.Rly/SC. He will please

    accept the remittance towards the cost of tender forms chargeable to Z - 650-99 and earnest

    money deposits and issue necessary cash receipt.

    Sr. DME/C&W/SC.

    Copy to:

    1. Sr.DEN/HYB Divn./S.C.Rly/SC (Tender Cell) for information with a request to providetender box on 19.8.09 please.

    2. Sr.DFM/SC. He is requested to nominate Accounts Departments representative to attendtender opening on. 19.8.09 at 15.30 hrs

    3. CME/SC, CRSE/SC, Dy.CVO/SC for kind information.4. Sr.DME/C&W/BZA, GTL, UBL, NED & HYB for information.5. Divl. Cashier/Pay/SC. The cost of Tender form and S.T. should be shown separately in

    the M.R and should be issued in the name of the authorized individual of the firm/agency.

    6. DSC/RPF/HYB & IPF/RPF/Printing press for information and necessary action.

    http://www.tenders.gov.in/http://www.tenders.gov.in/http://www.tenders.gov.in/http://www.tenders.gov.in/