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Tender Notice

OPEN TENDER NOTICE NO: TRD/ADA/OT-2013/7/ SCADA, dtd 02.12.2013 1. Name of work : Replacement of PC 486 based SCADA by

advanced PC based SCADA system of ADA-MDN and BKSC-KSX-PRR section over Adra Division of S.E.Railway

2. Cost of Tender form : Rs 5,000/- (Rupees Five Thousand only)

3 Date of Opening of tender : 16.01.2014

4. Approximate Tender Value : Rs 90,40,778/-(Rupees Ninety Lakh Forty Thousand Seven hundred Seventy Eight only)

5

Earnest Money : Rs. 1,80,820/- (Rupees One Lakh Eighty Thousand Eight Hundred Twenty only).

SOLD TO : M/s --------------------------- --------------------------------- --------------------------------

MONEY RECEIPT NO. ----- -------------------------------- DATE :

Sr. Divl. Elect. Engineer (TRD) S.E.Railway/Adra

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SOUTH EASTERN RAILWAY

ADRA DIVISION Description of Work: Replacement of PC 486 based SCADA by advanced PC based

SCADA system of ADA-MDN and BKSC-KSX-PRR section over Adra Division of S.E.Railway

Sr. No. Contents Page No.

1 Tender paper Money receipt form 1

2 Index 2

3 Tender Notice 3-5

4 Instructions to Tenderers & Terms and Conditions

6-20

5 Conditions of Prices and Payment Terms 21-23

6 Special Conditions -I 24-26

7 Performance Report Sheet 27-28

8 Indemnity Bond 29

9 Bank Guarantee Bond 30

10 Tender Offer Letter 31

11 Quoted Tender Rate – Sheet 32

12 Tender Schedule 33-35

13 Special Conditions -II 36-37

14 Explanatory Notes on Schedule of items 38-54

15 Format to be filled in 55

16 Total Pages 55

Sr. Divisional Electrical Engineer (TRD)

S. E. Railway, Adra

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SOUTH EASTERN RAILWAY

OPEN TENDER NOTICE NO: TRD/ADA/OT-2013/7/ SCADA, dtd 02.12.2013 Sr. Divisional Electrical Engineer (Traction Distribution), S.E.Railway, Adra, for and on behalf of the President of India, invites sealed tenders for the following work, from the reputed firms/contractors with sufficient experience and financial capabilities including those registered with any Government Department or Public Undertakings and have executed similar nature of works. 1 Description of Work Replacement of PC 486 based SCADA by

advanced PC based SCADA system of ADA-MDN and BKSC-KSX-PRR section over Adra Division of S.E.Railway

2 Approximate Tender Value Rs 90,40,778/-(Rupees Ninety Lakh Forty Thousand Seven hundred Seventy Eight only)

3 Earnest Money Deposit Rs. 1,80,820/- (Rupees One Lakh Eighty Thousand Eight Hundred Twenty only).

4 Cost of the Tender Forms Rs.5, 000/- ( Five Thousand only).

5 Completion Period 12 months from the date of issue of LOA.

6 Date, Time & Place of Selling of tender

Tender Forms can be obtained from the Office of the Sr. Divl. Elect. Engineer (TRD), S.E.Railway, Adra and Chief Elect. Engineer S.E.Railway, Garden Reach during working hrs. from 16.12.2013 to 16.01.2014 (14:00 Hrs) on production of original money receipt for

Rs. 5,000/- (non-refundable) Allocation Z-650

7 Date, Time & Place of Closing

Up to 15:00 hrs. of 16.01.2014 The Tender may be dropped in the special box available in the office of the Sr. DEE(TRD)/S. E. Railway , Adra or office of the CEE/GRC/S.E.Railway during office hours.

8 Date, Time & Place of Opening of tender

At office of the Sr.DEE (TRD)/S.E.Railway, Adra and office of the CEE/GRC/S.E.Railway. 15:30 hrs. of 16.01.2014 simultaneously

9 Eligibility Criteria i) Must have successfully completed at least one similar single work* for a minimum value of 35% of advertised tender value in the last three financial years (i.e. current year and three previous financial years).

ii) Total contractual amount received during the last three financial years and in the current financial year should be a minimum of 150% of

the advertised tender value. In this effect the tenderer has to submit along with the tender the attested authentic certificate from the employer/client, audited balance sheet duly certified by the Chartered Accountant etc., from which the turn over of the Company can be clearly calculated.

Note: * Definition of similar SCADA system means “Design, supply, erection, testing and commissioning of Railway SCADA as per RDSO’s specification from RDSO approved sources only”

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10. The following documents should be specified for submission along with tender. a) List of Personnel, Organization available on hand and proposed to be engaged

for the subject work. b) List of Plant & Machinery available on hand (own) and proposed to be inducted

(own hired to be given separately) for the subject work. c) List of works completed in the last three financial years giving description of

work, organization for whom executed, approximate value of contract at the time of award, date of award and date of scheduled completion of the work. Date of actual start, actual completion and final value of contract should also be given with supportive documents/certificates from the organizations with whom they worked/are working should be enclosed. No certificate from private individual for whom such works are executed/being executed would be

accepted. d) List of works on hand indicating description of work contract value,

approximate value of balance work yet to be done and date of award with supportive documents/certificates from the organizations with whom they worked/are working should be enclosed. No certificate from private individual for whom such works are executed/being executed would be accepted.

11. Tenders must be accompanied with prescribed amount of earnest money in acceptable form as mentioned in the tender document. Earnest money in the form of Guarantee Bond will not be accepted. Tender without prescribed earnest money will liable to be summarily rejected.

12. Tender Documents should not be sent by Ordinary Post. Tenders received in this office by Registered Post on or before 15:00 hrs. of 16.01.2014 will be deposited in the Tender Box before the closer.

13. In case the office remains closed on the date of opening of the tender for any unforeseen circumstances, the tenders will be received and opened on the next

working day at the same time and place. 14. The Railways reserves the right to accept or reject any bid including the lowest

one or all the Tenders or part thereof and split the contract without assigning any reason. Conditional bids incomplete/delayed offers for any reason shall stand rejected.

15. Request for issue of tender paper through post is not acceptable. 16. Tender forms are not transferable. 17. The tenderer must have the valid Electric Contractor License and Electrical

Supervisory License certificate from State Govt./Central Govt as mentioned in the tender document .

18. The tenderer can also download the tender documents from the NIC’s web site http://tenders.gov.in , S.E.Railway’s website www.ser.indianrailways.gov.in and can also be dropped in the tender box .However, Tenderer/s will have to deposit non-refundable Demand Draft in favour of FA & CAO, Garden Reach, S.E. Railway or Money Receipt for requisite amount issued by Chief cashier /GRC or Divnl. Cashier/Adra or Chief booking Clerk /Adra as a cost of Tender Form which will have to be attached with the tender Form otherwise the tender Form will be summarily rejected.

Railway administration will not be responsible for any delay/difficulties/ inaccessibility of the downloading facility for any reason whatsoever. In case of any discrepancy between the tender documents downloaded from internet and the master copy available in the office of Sr. DEE (TRD)/ADA, the latter shall prevail and will be binding on the tenderers. No claim on this account shall be

entertained. Sr. Divl.Elect.Engineer (TRD)/ADA

For and on behalf of The President of India

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SOUTH EASTERN RAILWAY ADRA DIVISION

Commissioning of SCADA System

And OHE modification /PSI Replacement & Rehabilitation work

Sr. No.

Tender Notice No & Description of Work Approx. value ( in Rs)

E.M.D (in Rs.)

1. TRD/ADA/OT-2013/7/SCADA,dtd 02.12.2013 “Replacement of PC 486 based SCADA by advanced PC based SCADA system of ADA-MDN and BKSC-KSX-PRR section over Adra Division of S.E.Railway ”

90,40,778.00 1,80,820.00

2. TRD/ADA/OT-2013/8/PSI, dtd 02.12.2013 Replacement / Rehabilitation of PSI Items ( ATs, Earth mesh etc. ) at different TSS/

FP/SP/SSP and in between sections of ADRA division

22,58,542.00 45,180.00

3. TRD/ADA/OT-2013/9/ PRR , dtd 02.12.2013 OHE Modification work for reversal of emergency Cross -Over towards TAO(Tamna ) end at PRR (Purulia ) over ADRA division of

S.E.Railway .

11,13,410.00 22,270.00

Cost of Tender Forms

: Rs 5,000/- for works under Sr. No. 1, Rs 3,000/- for works under Sr. No. 2 and Rs 2,000/- for works under Sr. No. 3

Selling of Tenders : Tender form can be obtained from the office of Sr. Divl. Elect. Engineer (TRD)/ADA or the office of CEE/GRC S.E.Railway from 16.12.2013 to 16.01.2014 (14:00 hrs.).

Date of Opening : 16.01.2014 (15:30hrs.) at the office of Sr. Divl. Elect. Engineer (TRD)/ADA and the office of CEE/GRC,

S.E.Railway Completion Period : 12 (Twelve ) Months from the date of issue of L.O.A. for

works under Sr. No. 1 and 06 (Six ) months from the date of issue of LOA for works under Sr. No. 2 and 3 above

Tender Notice is available at NIC’s web site http://tenders.gov.in , S.E.Railway’s website www.ser.indianrailways.gov.in . Tenderers can also download the tender document from the above website from 16.12.2013 and up to 14:00 hrs. on 16.01.2014. Tender notice is also available at the notice board of Sr.DEE/TRD/ADA’s office.

Note: For Works under Sr. No. 1 : * Definition of similar SCADA system means “Design, supply, erection, testing and commissioning of Railway SCADA as per RDSO’s specification from RDSO approved sources only”

Sr. Divl. Elect. Engineer (TRD)/ADA For and on behalf of The President of India

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CHAPTER-I

INSTRUCTION TO TENDERERS AND TERMS AND CONDITION OF TENDERING. (To be signed by the Tenderer and submitted along with the tender)

1.1.1 TENDER PAPER DOCUMENT. The tender paper/documents are divided into Two parts. The part-I consists of Tender notice, instructions to tenderer and terms and condition for tendering including conditions of pricing and payment. Part-II consists of the following.

a) Special conditions of tendering b) Tender form c) Schedule of Price with its explanatory note

1.1.2 GENERAL INSTRUCTIONS It may be noted here that the conditions of General conditions of contract (G.C.C.)(with the

latest amendment, if any) of S. E. Railway, all provisions of relevant codes, manual etc.( with the latest amendment, if any), are generally applicable unless specifically mentioned otherwise in this paper. The intending tenderer before submission of tender is advised that in his own interest to study the tender papers carefully without prejudice to the generally of the foregoing and the tenderer shall inspect the site and surrounding of the works specified in the tender

documents and shall satisfy himself by careful examination before submission of the tender as the nature of site , soil and local conditions, availability of labour and materials for execution of work, the means of access to site supply of power, water, availability of accommodation etc. and shall make local and independent inquiries as to matters for and things referred to or implied in the tender documents Railways shall not entertain the tenderer in any form or plea of

ignorance, difficulties doubts, misconception and mis-appreciation thereof effecting the execution and completion of work. 1.1.3 ALTERNATIVE PROPOSALS: Should the tenderer have alternative proposals for arrangement design and specification which the tenderer considers would reduce the cost of the installation, improve the performance and

reliability he should incorporate them in the tender (form 5) for consideration by the purchaser. He shall clearly indicate the technical and financial advantage which would accrue to the purchaser for such alternative proposals suggested by him. Such proposals, shall however be

given without any loss of generally of the specification and drawing obtained herein. 1.1.4 SUBMISSION OF TENDER: The tender must be submitted in sealed envelope marked with the tender No. and the name of

the work and should dropped in the sealed TENDER BOX’ kept for the purpose at the time as mentioned in the Tender Notice for this purpose.

Tenders, sealed and super scribed as above, may also be sent by Registered post addressed to the above mentioned office so as to reach earlier to the date and time of the closing of the tender, No tender which is received after the time and date specified above will be considered

under any circumstances. Any tender delivered or sent otherwise will be at the risk of the tenderer. All documents to be

submitted in connection with the tender shall be written in English and in ink. 1.1.5 RATES: The tenderer(s) should quote only uniform percentage (ABOVE/BELOW) the rates of all items

given in schedule of prices any tender received with different percentage for different items of the schedule stands; summarily rejected.

CONDITIONAL OFFERS WILL BE SUMMARILY REJECTED. 1.1.6 CLARIFICATION

Clarification required by the tenderer may be obtained from the office of the Sr. Divisional Electrical Engineer (TRD), Adra or as prescribed. 1.1.7 INCOME TAX AND SALES TAX CLEARANCE CERTIFICATE:

The tenderer is required to produce along with his tender the current and valid income tax and sales tax clearances certificate, in original (which will be returned when done with) without which the tender will be rejected. The successful tenderer shall have to send current income tax

and sales tax clearances along with the bill without which no payment would be made to him. 1.1.8 TAX DEDUCTION:

Income Tax @ 2% plus surcharges as applicable on the amount to be paid by the contractor in

pursuance of the contract which will be deducted from the bills preferred by him in accordance

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with section 1204C of the Income Tax Act.1961 as introduced through finance Act of 1972 or

as amended from time to time, @ 4% OWST/JWST/WBST will be recovered where it is applicable. In addition to 1% C.Cess is also recoverable if the site of work falls under the

Railway settlement limit. 1.1.9 LICENCE AND ELECTRICAL CONTRACTORS CERTIFICATE.

Along with the tender, the tenderer shall have to submit valid Electrical Contractor’s Licence

issued by the Government in favour of the contractor to execute the work and valid Electrical Supervisory certificate to supervise the Electrical works. Alternatively, the firm must be a Registered Company under State/Central Government for carrying out business in Electrical Construction works. 1.1.10 SIGNING OF TENDERS AND POWER OF ATTORNEY:

In case of a firm not registered under partnership Act, all the partners or the attorney duly authorized by all of them should sign the tender and other connected documents. A copy of the document empowering the individual to sign should also be sent with the tender. In any case,

tender should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the tender and originals thereof should be produced

as and when called for.

1.1.10.1 Any individual signing the tender or other documents connected therewith should

specify whether he is signing. (i) As sole proprietor of concerned or his attorney or (ii) As a partner or partners of the firm or (iii) For the firm per procreations or (iv) As a director, Manager or Secretary in the case of limited company.

1.1.11 TENDER ADDRESSES: Every tenderer shall state in the tender his postal address fully and clearly. Any communication

sent to the tenderer by post at his said address shall be deemed to have reached the tenderer duly and in time notwithstanding the fact that the communication did not reach the tenderer at

all or in time for the reasons whatsoever Important document shall be sent by Registered post.

1.1.12 ERASURES OR ALTERNATION:

No erasure or alternation in the text of the tender paper is permitted and any such erasure and/or alternation will either be disregarded or render the whole tender void at the option of

the Railway Administration. Any correction made in rates for the work shall be initiated in ink and dated. 1.1.13 COMPLIANCE WITH INSTRUCTIONS:

Tender which do not comply with the instructions detailed above shall not be considered. 1.1.14 RESULTS OF TENDER :

The acceptance of the tender will rest with Sr. Divisional Electrical Engineer (TRD), S.E.Railway, Adra for and on behalf of the president of India who reserves the right to decide

the tender amongst more than one tenderer, if deemed necessary and also to reject any or all tenders received without assigning any reasons and does not bind himself to accept the lowest or any tender. 1.1.15 VALIDITY OF TENDER :

The contractor shall keep the offer viz. the tender and/or tenders as may be modified by

negotiations open for acceptance for a period of 120 days from the date on which tender/tenders is/are opened and in default, the Earnest Money deposited by him shall be forfeited to the Railway. 1.1.16 TIME SCHEDULE AND PROGRAMME:

The contractor shall strictly follow the time schedule for all works under this as mentioned in

the tender notice if the contractor fails to execute the work completely within the time specified or an authorized extensions thereof, Railway Administration is entitled to recover from the contractor a sum of half percent of the price of that portion of the work not

completed by the due date for each and every week or part of the week taken extra by the contractor to complete the work . The amount of damages recovered shall in no case exceed 10% of the value of the contract.

If such a failure as aforesaid shall have arisen from any cause which the purchaser may admit as being a reasonable ground for extension of time, the purchaser shall allow such additional

time as he may in his absolute discretion consider to be reasonably justified by the circumstances of the case.

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1.1.17 TERMINATION OF CONTRACT:

Notwithstanding the provisions under other papers the Railway Administration may at any time by a notice in writing summarily terminate the contract without liability to pay any

compensation to the contractor in respect thereof in any of the following event: i) INSOLVENCY : The contractor being an individual or a firm any partner in the Contractor’s

firm shall at any time be adjudged insolvent or shall have a receiving order for administration of his estate made against him or shall take any proceeding for liquidation on composition under any law relating to insolvency for time being enforce or make any conveyance or

assignment of his assets or enter into any arrangements or composition with his Creditors or suspend payment or is the firm be dissolved under the partnership Act. ii) LIQUIDATION : If the contractor being company shall pass a resolution or the court

shall make an order for the liquidation of its affairs or a receivers or a manager on behalf of debenture holders shall be appointed or circumstances shall have 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 not

herein specifically provided always that such termination shall not prejudice any right of action or remedy which shall have accrued or accrue thereafter to the Railway administration and provided also that the contractor shall be liable to purchase any extra

expenditure which the Railway Administration is thereby put to but shall not be entitled to any gain on repurchase in the event of such termination without prejudice to the other right and remedies of the Railway administration including the rights for forfeiting the security deposit, the Railway administration shall be entitled to have the work or the undone portion thereof performed, executed and/or carried out by any

other agency at the cost and risk of the contractor liable for reimbursement in the event of any loss on this account. 1.1.17.2 EXCEPTIONS : Termination of contract will not arise in case of voluntary

liquidation meant for alternation or reorganization provided with the newly formed company takes over the fully responsibility and Liabilities of the liquidated firm and it is

acceptable to the Railway Administration. 1.1.17.3: Termination of contract under this Para will not arise in case of breaches or

defects of a minor nature . The Sr.Divl.Elect.Engineer(TRD)/ADA shall be the sole

authority, to decide whether breaches and defects are of minor nature. 1.1.18 EARNEST MONEY: Along with his tender the tenderer should deposit cash with the Divisional Cashier, S. E.

Railway, Adra (West Bengal). The amount as specified in tender notice or below as Earnest money.

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. This earnest money shall be applicable for all modes of

tendering. The amount of earnest money to be deposited with tender shall be as indicated below:

Value of the work (Tender value ) EMD

For works estimated to cost up to

Rs. 1 Crore

: 2% of the estimated cost of work

For works estimated to cost more than Rs. 1

Crore

: Rs. 2 Lakhs plus ½ % (Half percent ) of the

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

crore

EMD in the form of bank guarantee bonds is not acceptable. No PEMD is acceptable for the tenders. 1.1.18.1 Earnest money shall be paid in cash or in any of the following forms: i) Pay orders, Deposit receipt or demand draft in favour of FA & CAO/ S.E.Railway, Garden

Reach, and Kolkata (WB). These forms of earnest money could be either of the State Bank of India or of any of the nationalized banks. No confirmatory advice from the Reserve Banks of India will be necessary.

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ii) The documents as referred to this tender document must be attached with the tender

without which the tender will not be considered and summarily rejected. 1.1.18.2 The Government securities (Stock securities, Bearer Bonds, Promissory notes, Cash

certificates etc.) shall not be accepted as Earnest money. 1.1.18.3 It is stated that the Earnest money as specified is to be submitted in full as initial

security.

1.1.18.4 No interest will be allowed or paid for Earnest Money above; the amount will be refunded to the unsuccessful tenderer as soon as possible after the tender is finally decided.

1.1.18.5 It shall be understood that the tender documents have been sold/issued to the tenderer and he has agreed to the tender taking into consideration the stipulation on

his part that after submitting the tender will not resile from his offer or modify his conditions thereof in a manner not acceptable to the purchaser.

1.1.18.6 Should the tenderer fail to observe or comply with this stipulation, the amount of security deposit referred to in clause 1.1.18.3 above shall be forfeited to the Government.

1.1.19 SECURITY DEPOSIT

1.1.19.1 Unless otherwise specified in the special conditions, if any, the Security Deposit/rate of recovery/mode of recovery shall be as under :- a) Security Deposit for each work should be 5% of the contract value, b) The rate of recovery should be at the rate of 10% of the bill amount till the full

security deposit is recovered. c) Security Deposit shall be returned to the contractor after the physical

completion of the work as certified by the Competent Authority. The Competent Authority shall normally be the authority who is competent to sign the contract.

If this Competent Authority is of the rank of lower than JA Grade, then a JA Grade Officer (concerned with the work) should issue the certificate. The certificate inter alia, should mention that the work has been completed in all

respects and that all the contractual obligations have been fulfilled by the contractors and that there is no due from the contractor to Railways against the

contract concerned. Before releasing the SD, an unconditional and unequivocal no claim certificate from the contractor concerned should be obtained.

1.1.19.2 The Earnest money of the successful Tenderer will be retained by the Railway as a part of security for due fulfillment of the contract by the Contractor.

1.1.19.3 The National plan load certificate, Government securities (Stock certificate, Bearer bonds, Promissory notes, cash certificates) will not be accepted.

1.1.19.4 No cheque will be accepted towards Security Deposit, even if it is guaranteed by the Bank.

1.1.19.5 Request for transfer of security deposit of any work even if the same is free of all obligations will not be accepted for the purpose of the security deposit of this case.

1.1.19.6 No interest will be allowed or paid for the amount deposited in cash or deducted through bills.

1.1.19.7 As far as practicable tenderer should in their own interest deposit security deposit in cash with Divl. Chief Cashier/S. E. Railway, Adra to facilitate prompt refund of the deposited amount on fulfillment of the terms of the contract.

1.1.19.8 PERFORMANCE GUARANTEE: The procedure for obtaining performance guarantee is outlined below : a) The successful bidder shall have to submit a performance guarantee (PG) with in

30(Thirty) days from the date of issue of letter of acceptance (LOA) extension of time for submission of PG beyond 30 (Thirty) days and up to 60 days from the date of issue of LOA may be given by the authority who is competent to sign the contract agreement

. However a panel 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 Guaranty. iii)Government securities including state loan bond 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 Bank. v)Guarantee bond executed or deposits receipts tendered by all scheduled Banks. vi)A deposit in the post office Saving Bank . vii)A deposit in the National Saving certificates.

viii)Twelve years National Defense certificates. ix)Ten years Defense Deposits. x)National Defense Bond and

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

Also FDR in favour of FA&CAO (free from any encumbrance) may be accepted. NOTE : The instrument as listed above will also be acceptable for Guarantees in case of Mobilization Advance. c)The performance guarantee shall be submitted by the successful bidder after the

Letter of Acceptance (LOA) has been issued ,but before signing of the contract agreement. This PG 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 PG 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 respect satisfactorily. The security

deposit shall however be released only after expiry of the maintenance period and after passing the final bill based on “NO CLAIM CERTIFICATE” from the contractor . (f) Whenever the contract rescinded the Security Deposit shall be forfeited and the

performance guarantee shall be encashed. The balance work shall be failed contractor shall be debarred from participating in the tender for executing the balance work. If

the failed contractor is a JV or partnership firm then every member / partner of such a firm 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 expect 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 here in above in which event the engineer may claim the full amount of the Performance Guarantee.

(ii)Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/Conditions of the agreement, within 30 days of the service of notice to this effect by engineer. (iii)The contract being determined under provision of the GCC, the Performance guarantee shall be forfeited in full and shall be absolutely at disposal of India.

1.1.20 ADDITIONS AND ALTERATIONS:

Railway Administration may require modifications to be carried out on the works Considered necessary either during the execution or after a part of whole of the installations coming within

the purview of the contract such modifications shall be carried out, only after the additional prices , if any proposal by the contractor are accepted by the Railway Administration. 1.1.20.1 If any additional quantum of the works specified in the schedule becomes necessary

during the course of execution , the contractor may be called upon to carry out such ,

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additional works to the extent of 25% of the original contract quantity at the same rates, terms

and conditions without inviting any fresh quotations . 1.1.21 SAFETY MEASURES:

The contractor shall take all precautionary measures in order to ensure the Protection of his own personal moving about or working in the Railway premises, but shall then conform to the rules and regulations of the Railways . The contractor shall abide by all Railway regulations in

force for the time being and ensure that the same are followed by his Representatives , agent or sub-contractor of workmen . He shall give due notice to his employees and workers about the provisions of the Para. The contractor shall indemnify and keep the Railway Administration indemnified and harmless against all actions, suits , claims, demands, other charges or expenses arising in

connection with any accidents , death or injury sustained by any person(s) within the Railway premises and any loss or 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 arising under the workmen’s compensation Act 1923 or fatal accidents Act or any other stature in force for the time being . 1.1.22 EXECUTION OF AGREEMENT

The contractor is required to execute a formal agreement in prescribed form (Form 7) with the Railway Administration on the lines of the Tender conditions and until the formal agreement is executed , the LOA by the Railway Administration shall be valid and binding on the contractor in all respects . 1.1.23 RAILWAY PASSES: No free Railway passes will be issued for the contractor. 1.1.24 SPECIFIED RAILWAY STORES: Materials which are to be supplied by the Railways as specified in Annexure for Execution of the work will be handed over to the contractor by the consignee from his store against Indemnity Bond (Form 6) . The loading, handling and transportation of such materials to the

work sites shall have to be done by the contractor at his own cost. All other materials as may be required to execute the work and to make the installation, complete in all respects according to the specification and schedule of work shall be supplied

by the contractor and cost thereof included in the schedule of prices . The transportation of the materials to the work site shall be borne by the contractor. 1.1.25 REFUND /FORFIETURE OF EARNEST MONEY: The Earnest money including the amount taken as security deposit for the due performance of the stipulation to keep the offer open till the date specified in the tender under clause 1.1.15(i.e Minimum validity of offer ) hereof shall be refunded to the unsuccessful tenderer(s) within a reasonable time after finalization of the tender case . The earnest money deposited by the successful tenderer(s) shall be retained towards the security deposit for the due and faithful

fulfillment of the contract but shall be forfeited by the purchaser without prejudice to any other rights or remedies available to it if the contractor fails to execute the Agreement bond or start

the work within a reasonable time (to be determined by the Engineer at site) after notification of the acceptance of his/their tender. 1.1.26 COMMUNICATION TO BE IN WRITING : All notices communications, reference and complaints made by the purchaser of his Engineer or the Engineer’s representative or the contractor in tense concerning the works shall be in

writing and no notice communications reference or complaint not in writing shall be recognized. The list of addresses to which correspondence and documents relating to the contract should be sent are indicated in the tender papers in Part-II. 1.1.27 SERVICE OF NOTICES ON CONTRACTORS: The contractor shall furnish to the Engineer the name, designation and address of his

authorized agent and all complaints , notices, communications and references shall be deemed to have been so duly given to the contractor if delivered to the contractor left at or posted to the address so given and shall be deemed to have been so given in the case of posting on the day on which would have reached such address in the ordinary course of post or on the day on which they were so delivered or left in the case of contract by partners, any change in the

constitute of the firm shall be forthwith notified by the contractor to the Engineer. Important documents may be sent by “REGISTERED POST”. 1.1.28 SUBLETTING OF CONTRACT : The contractor shall not assign or sublet the contractors any part thereof or allow any person to become interested therein any manner whatsoever without the special permission of the purchaser. Any breach of this condition shall entitle the purchaser to rescind the contract

under clause 1.1.45 (i.e Right to Railway to determine contract ) of these conditions and also

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render the contractor liable for payment to the purchaser in respect of any loss or damage

arising or ensuring from such cancellation. 1.1.29 APPROVAL OF SUBCONTRACTOR OR VENDORS: The name of all sub contractors proposed to be employed on execution of work or any part thereof including manufacture of components shall be submitted by the Contractor to the purchaser and got approved by him before the contractor enters into an agreement with sub-

contractor/or vendor for the purpose . The permitted subletting of work by the contractor shall not establish any contractual relationship between the sub-contractor and the purchaser and shall not relieve the contractor of any responsibility under the contract. 1.1.30 RETURN OF UNUTILISED MATERIALS OF THE PURCHASER: Such materials as have been issued to the contractor but left behind with him UNUTILISED,

shall be determined after reconciliation with the actual quantum of issued vis-à-vis utilized for execution of the work and returned by the contractor to the purchaser’s depot at no extra cost in the same shape and condition of the materials as were issued to the contractor(s). If the

contractor fails to return such materials, the cost of such will be recovered at a rate at twice the book rate or twice the market rate enhanced by 20.38% whichever is higher.

Every effort will be made by the purchaser to supply the materials as listed in part-II at the appropriate time. However suitable extension of time will be granted to the contractor in case of delay for supply of said materials by the purchaser any reason whatsoever and no claim of compensation from the contractor for such delay by the purchaser will be entertained. NOTE: The contractor shall hand over all empty drums, wooden carats and other packing

materials used for the issue of purchaser’s materials to the purchaser’s depot. CARRIAGE OF MATERIALS :

No forwarding orders shall be issued by the purchaser for the transportation of Contractor’s materials, tools and plant by rail or by road to the work site which may be required for use in the works and the contractor shall pay full freight charges at public tariff

/rates there for. No Road permit for contractor’s supply material will be issued by Railways. 1.1.31 PROVISION OF EFFICIENT AND COMPETENT SUPERVISOR : The erection of all equipments according to the specification will be done by the contractor at

his cost. For this purpose, the contractor shall place and keep on the works at all times efficient and competent representatives to give necessary directions to his workmen and see that they

execute their work in sound and proper manner and shall employ only such supervisors, workmen and labour in or about the execution of any of the works as are careful and skilled in their various trades and callings. The said representative shall be present at site during work in

hours and any written orders or instructions which the engineer may give to the said representatives of the contractor shall be deemed to have been duly given or communicated to the contractor.

The contractor shall furnish the name and address of his agent or representatives for the purpose of this clause. The contractor or his agent or representative will accompany the

engineer/s on inspection and/or proceed to their offices whenever called upon to do so. The Contractor shall at once remove from the works any representative, permitted sub-contractor supervisor, workmen or labour who shall be objected to by the engineer and he shall

submit a correct return showing the names of all staff and workmen employed by him . In the event of the engineer being of the opinion that the contractor is not employing on the works a

sufficient number of staff and worker as is necessary for the proper completion of the work within the time prescribed , the contractor shall forthwith on receiving intimation to this effect take on the additional number of staff and labour specified by the engineer within seven days

of being so required . Failure on the part of the contractor to comply with the above instructions will entitle the

purchaser to rescind the contract under clause 1.1.45 i.e. Right of Railway to determine contractor of the conditions thereof . 1.1.32 ACCIDENTS AND DAMAGES TO INSTALLATIONS ETC The contractor shall be responsible for all repairs and rectification of damage to installations erected or under erection due to accident or any other cause during the course of the

contractors work at site inclusive of the guarantee period at no extra cost to the purchaser. All costs, damages or expense which the purchaser may incur, for which under the terms of contract, the contractor is liable may be either deducted by the purchaser at his discretion

from any money due or to become due to refundable by the purchaser to the contractor under the contract , or may be recovered by action of law or otherwise from the contractor . The purchaser reserve the right and shall be entitled to retain payments due to the contractor

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under this contract and to set off the same against all claims whether arising out of this

contractor out of any other transaction whatever with the contractor. 1.1.33 PROVISION OF PAYMENT OF WAGES ACT : The contractor shall comply with the provision of payment of wages Act 1936 as amended upto date and the rules made thereunder in respect of all employees employed by him in the works, if in compliance with the terms of the contract , the contractor directly or through the petty

contractors or subcontractors shall supply any labour to be used wholly or partly under the direct orders and control of the engineer whether in connection with the work to be executed here under or otherwise for the purpose of the engineer such labour shall never the less be deemed to be , comprise of person employed by the contractor and any money which may ordered to be paid by the engineer on behalf of the contractor and engineer may on failure by

the contractor to repay such moneys due to the contractor in terms of the contractor. The purchaser shall be entitled to deduct from any moneys due to the contractor (whether under the contract or any other of compensation of aforesaid or for costs of expense in connection

with any claim there) and the decision of the engineer upon any question arising out of the effect or force of this clause shall be final and binding upon the contractor. 1.1.34 WAGES TO LABOUR The contractor shall be responsible to ensure compliance with the provisions of the Minimum Wages Act, 1948 as modified upto date (therein after referred to as the said act), and the rules made there under in respect of any employees employed by him directly or through petty contractors , sub-contractors for the purpose of carrying but this contract.

If, in compliance with the terms of the contract , the contractor directly or through petty contractors or sub-contractor supplies any labour to be used , wholly or partly under the direct orders and control of the purchaser whether in connection with any work being executed by the contractor or otherwise for the purpose of the purchaser such labour shall for the purpose of this clause shall be deemed to be persons employed by the contractor.

If any money , shall be a result of any claim or application and under the said act be directly to be paid by the purchaser such money shall be deemed to be payable to the purchaser by the contractor and on failure by the contract or to repay the purchaser and moneys paid by it as

aforesaid within seven days after the same shall have been demand the purchaser shall be entitled to recover the same from any moneys due or accruing to the contractor under this or

any other contract with the purchaser. 1.1.35 POWER OF MODIFICATION TO CONTRACT : The engineer in charge of the execution of the work on behalf of the purchaser shall be

entitled by order in writing to enlarge or extend, diminish or reduce the works or make any alternations in their design , character , position site quantities , dimensions or in the method of their execution or in the combination and use of materials for the execution or thereof or to

order any additional works to be done or any works not to be done and the contractor will not be entitled to any compensation for any increase/reduction in the quantities of work but will be

paid only for the actual amount of work done and for approved materials supplied against a specific order . 1.1.35.1 Unless otherwise specified in the special conditions of the contract, the accepted

variation in quantities for the contract overall would be up to 25 % of the quantity originally contracted . The contractor shall be bound to carry out the work at the agreed rates and shall

not be entitled to any claim or any compensation whatsoever up to the limit of 25% variation on the contract value originally contracted. 1.1.35.2 The enlargement , extensions, diminution, reductions, alternations or additions

referred to in clause in no degree affect the validity of the contract but shall be performed by the contractor as provided therein and be subject to the same conditions, stipulations and

obligations as if they had been originally and therein and be subject to the same conditions stipulations and obligations as if they had been originally and expressly included and provided for in the specifications and drawings and the amount to be paid therefore shall be calculated in accordance with the accepted schedule of rates, any extra items/ quantities of work failing outside the purview of the provisions of the sub-clause 1.1.36 above shall be paid for at the

rates determined (i.e. rates for the extra items of work of these conditions) 1.1.36 COMPLIANCE TO ENGINEER’S INSTRUCTIONS : The Engineer shall direct the order in which the several parts of the works shall

be executed and contractor shall execute without delay all orders given by the engineer from time to time but the contractor shall not be relieved thereby from responsibility for the due performance of the works in all respects.

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Alternations to be authorized: No alternations in or additions to or commission or abandonment

of any part of the works shall be deemed authorized except under instructions from the engineer and the contractor shall be responsible to obtain such instruction in each and every

case. EXTRA WORK: Should works over and above those included in the contract required to be

executed at the site the contractor shall have no right to entrust with the execution of such

works which may be carried out by another contractor or contractors or by other means at the options of the purchaser. Separate contract in connection with works: The purchaser shall have the right to let other contractors in connection with the works the contractor shall afford other contractor reasonable opportunity for the storage of their materials and the execution of their works and

shall properly connect and co-ordinate his works there. If any part of the contractor work depends for proper execution or result upon the work of another contractor, the contractor shall inspect and accordingly report to the engineer any

defects in such work that render it unsuitably for such proper execution and result . The contractor’s failure so to inspect and report shall constitute acceptance of the other

contractor’s work except as to defects which may have developed in the other contractor’s work after the execution of his work. 1.1.37 ILLEGAL GRATIFICATION : Any bribe, commission, gifts or advantages given, promised or offered by or on behalf of the contractor or his partner, agent or servant or any one of his or on their, behalf in relation to the

obtaining or the execution of this or any other contract with purchaser shall in addition to any original liability which he may incur , subject to the contractor to the recession, of the contract and all other contracts with the purchaser and to the payment of any loss or damage resulting from such rescission and the purchaser or damage resulting from such rescission and the purchaser shall be entitled to deduct the amount so payable from any money due to

the contract under the contract or any other contracts with the purchaser. The contractor shall not lend or borrow from or have or enter into any monetary dealings or transactions either directly or indirectly with any employee of the purchaser and if he shall do so the

purchaser shall be entitled forthwith to rescind the contracts and all other contracts with the purchaser. Any question or dispute as to the commission of any offence or compensation

payable to the purchaser under this clause shall be settled by the General Manager in such manner as he shall consider fit and sufficient and his decisi on shall be final and conclusive. 1.1.38 ADHERENCE TO SPECIFICATION AND DRAWINGS: The whole of the works shall be executed in perfect conformity with specifications and drawings of the contract. If the contractor performs any work in manner contrary to the specifications or drawings or any of them and without such reference to the engineer, shall

have to bear all the costs arising of ensuring and shall be responsible for the losses to the purchaser. 1.1.39 WORKS BY OTHER AGENCIES: Any other works undertaken at the same time by the purchaser direct or through some other agency at the same site where the contractor is carrying out his work, will not entitle the

contractor to prefer any claim regarding any delays or hindrances he may have to face on this account . The contractor shall comply with any instruction which may be given to his by the

purchaser in order to permit simultaneous execution of his own works and of those undertaken by other contractors or the purchaser without being entitled on this account to any extra charge. 1.1.40 If the purchaser is unable to supply materials to the contractor as specified in the

contract in time, the contractor shall not be entitled to any extra payment on account of such

delay in supply, however such delays in supplies will be reasonable ground for extension of completion dates for the works. 1.1.41 All materials will be subjected to inspection and test either by the purchaser

or by an agency appointed for this purpose for individual items as below, at the manufacturer’s work before dispatch and no materials shall be dispatched from the manufacturer’s works

until these are inspected and or approved . These materials may also again be inspected at the contractor’s depot/work site . The purchaser or his representative shall have the right to be present during all stages of manufacture and shall be afforded free of charge all reasonable

facilities for inspection and testing so as to satisfy himself/themselves that the materials are in accordance with specifications, approved drawings and designs. Any reasonable delay in inspection will be a reasonable ground for extension of time for completion of works. 1.1.42 PROVISIONAL ACCEPTANCE :

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Immediately after the completion of an installation the contractor will certify and advice the

purchaser in writing that the installation is : i) Complete . ii) Ready for satisfactory regular service and iii) Ready to be handed over. He will also place at disposal of the purchaser the required

staff for inspection, testing and putting it into operation.

The test or test specified in part III will be conducted jointly by the purchaser and contractor as soon as possible after receipt of advise of completion of an installation by the purchaser from the contractor.After the purchaser is satisfied with the satisfactory working of the installation, he will issue a “Provision Acceptance Certificate” which would be signed by both the parties. Should the results of inspection and tests be not satisfactory an extension of time

for one month will be granted to make good defects and deficiencies pointed out by the purchaser. A fresh inspection and tests will then be carried out after the contractor has attended to the defects and deficiencies . If these are not satisfactory , the purchaser may

proceed at the contractor’s expense by all means deemed expedient to have the installation made approved drawings and designs.

In such a case or in case of delay in completing the work under this contracts within the time limit the purchaser reserves the right if he deems it possible to use in a reasonable manner any part of the installation even if the work is not completely erected. The purchaser will give to the contractor for this purpose seven days previous notices. The contractor shall then take at his own expenses all necessary steps to complete the works in accordance with the provisions of

the contract. In case it becomes impossible to proceed with the above mentioned taking over tests, for reasons other than for which the contractor is responsible, the provisional acceptance certificate shall be issued at or within a mutually agreed reasonable period not exceeding six months after completion of an installation. NOTE: The issue of provisional acceptance certificate will not be withheld for rectification of

minor defects as distinct from rejected equipment, which may not be essential for energisation and operation of the installation in such cases, only the value of materials and cost of rectification of the minor defects shall be withheld from payments on provisional acceptance

until rectification is completed. 1.1.43 WARRANTY:

The contractor shall warranty satisfactory working of the installation erected by him , for a period of 36 months from the date of provisional acceptance of each installation(Para 1.1.42

i.e. provisional acceptance by the purchaser ).

During this period the contractor shall make available an experienced Engineer and necessary equipment to attend to any defective installation and be responsible for satisfying himself that the purchaser’s staff follow the prescribed procedure for operation and maintenance of

equipment . The contractors shall bear the cost of all modifications, additions or substitutions that may be considered necessary due to faulty materials , designs or workmanship for the

satisfactory working of the equipment. The final decision shall rest with the Sr. Divisional Electrical Engineer (TRD), S. E. Railway , Adra. During the period of guarantee the contractor shall be liable for the replacement of any parts

which may be found defective in the equipment whether such equipments be of his own manufacturer or those of his sub-contractors whether arising from faulty design, materials,

workmanship or negligence in any manner on the part of the contractor provided always that such defective parts as are not repairable at site are promptly returned to the contractor if so required by him at site(contractor’s own expenses). The contractor shall bear the cost of repairs

carried out on his behalf by the purchaser at site. In such a case the contractor shall be informed in advance of the works proposed to be carried out by purchaser.

If it becomes necessary for the contractor to replace or renew any defective portion of the equipment under the clause aforesaid then the provision of the said clause shall also apply to the portions of the equipments so replaced or renewed until the expiration of six months from the date of such replacement or until the end of the above mentioned period of twelve months, whichever is later, such extension shall not apply in case of defects of a minor nature, the

decision of the Sr. Divisional Electrical Engineer (TRD), S. E. Railway , Adra being final in the matter, if any defects be not remedied within a reasonable time during the aforesaid period the purchaser may proceed to do the work at the contractor’s risk and expense, but without

prejudice to any other rights and remedies which the purchaser may have against the contractor in respect of such defects or faults. The repaired or renewed parts shall be delivered and erected at site free of charges to the

purchaser.

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Any materials supplied shall also be covered by the provisions of this clause. The liability of

the contractor under the guarantee will be limited to re-supply of materials made under clause 1.1.36 such supply shall be effected at the contractor’s depot or in the event of

closure of the depot at the stores depot of the engineer at site covered by the contract. In case of materials supplied by the purchaser under clause 1.1.36 no liability will rest on the contractor for failure on account of defects inherent in such materials . 1.1.44 FINAL ACCEPTANCE:

The final acceptance of the installation shall take effect from the date of expiration of the period of guarantee as defined in clause 1.1.43 warranty provided the installation previously accepted provisionally are still in good working order . If on the other hand the installation is not in good working order at the end of the guarantee

period the purchaser may either extend the period of guarantee until, necessary works are carried out by the contractor or carry out those works or have them carried out successfully on behalf of the contractor and at his expenses . A certificate of final acceptance shall then be

issued under the signature of both the parties – The purchaser and the contractor . 1.1.45 RIGHT TO RAILWAY TO DETERMINE CONTRACT:

1.1.45.1 The purchaser shall be entitled to determine and terminate the contractor at any time should in the purchaser’s opinion , the cessation of work become necessary owing to paucity of funds or from any other cause whatsoever in which case the value of approved materials at site and of work done by the contractor will be paid for in full at the rates specified in the contract . Notice in writing from the purchaser of such determination and the

reason therefore shall be conclusive evidence thereof. Should the contract be determined under sub-clause 1.1.45.1 of this clause and the contractor claims payment for expenditure incurred by him in the expectation of completing the whole of the works the purchaser shall admit and consider such claims as he deemed reasonable and are supported by vouchers to the satisfaction of the engineer. The contractor

shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit of advantage which he might have derived from the execution of the works in full but which he might have derived from the execution of the works in full but which he did not derive

in consequence of determination of contract . The purchaser’s decision on the necessity and propriety or such expenditure shall be final and conclusive .

1.Determination of contract owing to default of contractor if the contractor should i) become bankrupt or insolvent or ii) make an arrangement with or assignment in favour of his creditors , or agree to carryout

the contract under the committee or iii) being a company or corporation go into liquidation (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) or

iv) have an execution levied on his goods or property on the works , or v) assign the contract or any part thereof otherwise than as provided as terms or these

conditions, or vi) abandon the contract or vii) persistently disregard the instruction of the engineer or contravene any provision of

the contract

viii) fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period or

ix) fail to remove materials from the site or to pull down and replace work after receiving from the engineer notice to the effect that the said materials or works have been

condemned or rejected under clause or x) fail to take steps to employ competent or additional staff and labour as required for

supervision of these conditions or xi) fail to afford the engineer or engineer’s representative proper facilities for inspection the

works or any part thereof as required under clause 1.1.41(i.e. inspection and testing ) of these condition, or

xii) promise offer or give any bribe , commission , gift or advantage either himself or through his partner agent himself or through his partner agent or servant to any officer or employee of the purchaser or to any person or his or on their behalf in relation to the executive of this or any other contract with the purchaser or

xiii) At any time after the tender relating to the contract has been signed and submitted by the contractor being a partnership firm, admit as one of its partners or employee under it or being an incorporated company elect or nominate or allow to set as one of its

director or employees under it in any capacity whatsoever retired Engineer of the gazetted

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rank or any other retired gazetted officer working before his retirement whether in the

executive or administrative capacity or whether holding any personable post or not , in the engineering department of the any of the railway for the time being owned and

administered by the President of India before two year from the date of retirement from the said service of such engineer or officer unless such engineer or officers has obtained permission from the President of India or any officer duly authorized by him in his

behalf to become a partner or a director or take employment under the contractor , as the case may be OR

xiv) Fail to give at the time of submitting the said tender . a) the correct information as to the date of retirement of such retired engineer or retired

officer from the said service as to whether any such retired engineer or retired officer

under the employment of the contractor at the time or submitting the said tender . b) being a partnership firm , the correct information as to whether any or its

partners was such a retired engineer or retired officer or

c) the correct information as to such engineer or officer obtaining permission to take employment under the contractor .

d) being an incorporated company , a correct information as to whether any of its directors was such a retired engineer or a retired officer or

e) being such a retired engineer or retired officer suppress and not disclose at the time of submitted the said tender the fact of his being such a retired engineer or a retired officer or make at the time of submitting the said tender a wrong statement in relation to his

obtaining permission to take the contract. If the contractor be a partnership firm or an incorporated company to be a partner or director of such firm or company as the case may be or so seek employment under the contractor. Then and in any of the said cases, the engineer on behalf of the purchase may serve the contractor with a notice in writing to that effect and if the contractor does not within 7 days

after the delivery to him of such notice proceed to make good his default in so far as the same is capable of being made good and carry on the work or comply with such direction as aforesaid to the entire satisfaction of the engineer , the purchaser shall be entitled after giving

48 hrs notice in writing under the hand of the engineer to rescind the contract as a whole or in part or parts (as may be specified in such notice).

2. Right of Railways after rescission of contract owing to default of contractor

In the event of any or several of the course referred to clause 1.1.45.3 of these conditions adopted. i) The contractor shall have no claims to compensation for any loss sustained by him by

reason of his having purchased or procured any materials or entered into any commitments or made advance account of or with a view to the execution of the work , or

the performance of the contract and contractor shall not be entitled to recover or be paid any sum for any work thereof for actually performed under the contract unless and until the engineer shall have certified the performance of such work and the value payable in

respect thereof and the contractor shall only be entitled to be paid the value so certified . ii) The engineer or the engineer’s representative shall be entitled to take possession if any

materials , tools, implements machinery and building on the works or on the property on which these are being or ought to have been executed and to retain and employ the same in the further execution of the works without the contractor being entitled to any

compensation for the use and employment thereof for wear and tear or destruction thereof. iii) The engineer shall as soon as may be practicable after removal of the contractor fix and

determine expert or by or after reference to the parties or other such investigation or

inquiries as he may consider fit to make or institute and shall certify what amount (if any ) and at the time of rescission of the contract been reasonably earned by or would reasonably

accrue to the contractor in respect of the work then actually done by him under the contract and what was value of any unused , or partially used materials, any constructional plant and any temporary works upon the site. The legitimate amount due to

the contractor after making necessary deductions and certified by the Engineer should be released expeditiously.

1.1.46 SUPPLY OF SPARE PARTS :

The supply of spare parts, components, standby equipments shall be so regulated that all the necessary items that have been ordered shall be delivered at site only after the erection of the main equipments but before the testing and commissioning of system. If the spare parts

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standby equipments are to be supplied in advance, necessary written and specific permission

shall be taken from the engineer 1.1.47 ARBITRATION:

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

construction or operation of this contract or the respective rights and liabilities of the parties on any matter in question dispute or difference on any account or as to the withholding by the

railways of any certificate to which the contractor may claim to be entitled to or if the railways fails to make a decision within a reasonable time the n and in any case save the expected matters referred to in clause 63 of the General Conditions of the contract and standard specification 1976 of S.E.Railway the contractor after 90 days but within 180 days of his presenting his final claim on disputed matters shall demand in writing that the dispute or

difference is to be referred to arbitration .

1.1.47.2 The demand for arbitration shall specify the matters which are in question, dispute/difference only such disputes and differences in respect of which the demand has been

made shall be referred to arbitration and other matters shall not be included in the reference. 1.1.47.3 If the contractor(s) does/do not prefer his/their specific and final claims in writing within a period of 90 days of receiving the intimation from the government that the final bill is

ready for payment he/they will be deemed to have waived his/their claim(s) and the railway shall be discharged and released of all liabilities under the contract in respect of these claims. 1.1.47.4 All questions, disputes and/or difference arising under or in connection with this

contract or in any way attaching or relating to or concerning the erection, meaning or effect of these conditions or the special conditions of contract (except as to any matter the opinion

and/or decision regarding which has been otherwise provided for these conditions or the special conditions of the contract to be final and also except as to any matter regarding which the contractor has given no claim certificate or such Railway officer (Retired or in service) as

shall be appointed to be the arbitrator by the General Manager for the time being of the South Eastern Railway in his sole and absolute discretion and the decision of such arbitrator shall be

final and conclusive under provision of the Indian Arbitration Act 1948 and of the rules thereunder and all statutory modification thereof. 1.1.47.5 If the sole arbitrator appointed under sub-clause(iv) or one both the

Arbitrators/appointed under sub-clause (v) above resigns his appointment or resign their appointments or vacates his office/vacate their office or is /are unable or unwilling to act for

any reason whatsoever or arbitrator/arbitrators to act in his/their place /places in accordance with the provisions of sub-clause (iv) or sub-clause (v) above as the case may be shall be entitled to proceed with the reference from the stage at which it was left by the previous arbitrator/arbitrators. The arbitrator / arbitrators umpire so appointed as the case may be shall give the award on all matters referred to arbitration indicating therein break up of the

sum awarded separately on each individual item of disputes.

1.1.48 ACCOMMODATION :

The contractor shall make his arrangements for the accommodation of his staff, materials, tools etc, electricity for the purpose of execution of the work against this contract may be arranged by railway from its sources , if available near the work site on payment of railway’s specified charges. 1.1.49 LAWS OF INDIA : This contract shall be governed by the laws for the time being in force in the Republic of India. 1.1.50 DEFAULT AND DELAY : The contractor shall execute the work with due diligence and expedition keeping to the approved time schedule . Should he refuse or neglect to comply with any reasonable orders

given to him in writing by the purchaser’s engineers in connection with the work or contrivance the provision of the contract or the progress of work lags persistently behind the time schedule due to his neglect , the purchaser shall be at liberty to be given seven days notice in writing to

the contractor requiring him to make good the neglect or contravention, complained of or should the contract fail to comply with the requisition made in the notice within seven days from the

receipt thereof, it shall be lawful for the purchase to take the work wholly or in part out of the contractor’s hands without any further reference and get the work or any part thereof as the

case may, completed by other agencies at the expense of the contractor without prejudice to any other right or remedy of the purchaser .

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1.1.51 LOSS SUSTAINED DUE TO DEFAULT AND DELAY: a)In the event of any loss to the purchaser on account of execution and/or completion of the

work or any part thereof by agencies other than the contractor, in terms of Para 1.1.50, the contractor shall be liable to reimburse the loss to the purchaser without prejudice to the other rights and remedies of the purchaser, and the reimbursement in full or in part as the case may

be, shall be met, at the option of the purchaser, from out of all or any of the following sources viz. i) Any amount due and payable to the contractor by the purchaser on any account whatsoever. ii)The contractor’s security deposit in the hands of the purchaser as far as

Available and

iii) Any other assets whatsoever of the contractor. b) In the event of reimbursement from out of sources (i) and or (ii) above mentioned, the

purchaser shall have the right of appropriation sue motto. 1.1.52 CORRECTNESS OF WORK AND MATERIALS: a) All designs and drawings submitted by the contractor shall be based on a thorough study

and shall be such that the contractor is satisfied about their suitability . The purchaser’s approval will be based on these considerations . Notwithstanding approval communicated by the purchaser, during the progress of the contract , for designs and drawings prototype samples of components , materials and equipments after inspection and adjustments to installations. The ultimate responsibility for correct design and execution of work shall rest

with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its . b) If any dimension figured upon a drawing differs from that obtained by sealing

the drawings the figures dimension should be normally taken as correct unless it is prima facie a mistake but all such cases shall be brought to the notice of the purchaser’s

engineers and the discrepancy set right before execution .

1.1.53 CONTRACTOR’S RESPONSIBILITY FOR DISCREPANCY : a) All designs and drawings submitted by the contractor shall be based on a Thorough study

and shall be such that the contractor is satisfied about their suitability . The purchaser‘s approval will be based on these considerations. Not withstanding approval communicated by the purchaser , during the progress of the contract , for designs and drawings,

prototype samples of components , materials and equipments after inspection and adjustments to installations, the ultimate responsibility for correct design and execution of work shall rest with the contractor unless the purchaser insists on adoption of his own designs in spite of the contractor not being agreeable to its.

b) The contractor shall be responsible for and shall bear and pay the costs for any

alternation of works arising from any discrepancies , errors or omissions in the designs and drawings have been approved by the purchaser or not .

1.1.54 ADDITIONS AND ALTERATIONS TO ERECTED EQUIPMENTS:

The purchaser may require additional installations or modifications to be carried Out on the works he deems necessary, either during the execution or after a part or whole of the

installations coming within the purview of the contract has been put into commercial service. In case the prices for such additional works or modifications are not covered by the Schedule of prices and are such that either partly consider additional prices for such Works justified , such

additional works or modification shall be carried out, only after the additional prices proposed by the contractor are accepted by the purchaser In case additional installations or modifications are required to be carried out under this para, the purchaser shall grant a

reasonable extension of time, should this be considered necessary. 1.1.55 CONTRACT LABOUR ACT: The contractor is liable to observe the provisions of contract labour Act and get himself registered under the concerned labour officer as per provision of the Act. He has to state the number of labour engaged by him for carrying out the work before signing of agreement . For

any violation of the said Act , the contractor is liable for prosecution by the Labour Enforcement Officer (Central) under whose jurisdiction the Work is being executed and the

amount of penalty if any , will be deducted from contractor’s final bill on advise of the labour court. 1.1.56 ISSUE OF TOOLS AND PLANTS TO THE CONTRACTOR: For the purpose of carrying out the work , Railway will not issue any tools and plants. However, if the executive officer in charge of the work is of the opinion that in the interest of

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faster progress of the work, any tools and plants items are to be provided to the contractor, the

same may be provided to the contractor on fulfilling of an indemnity bond and the book value of the materials will kept deducted from running bills of the contractor till return of the tools and

plants. The determination of book value of the T&P items is as per the Railways book or the cost of procurement of the item with normal escalation @ 10% per year added to it, whichever is higher. 1.1.57 TRANSPORTATION: All materials connected with this work whether to be supplied by the railways or the contractors have to be transported from the railway stores depot to the site by the contractors only. The contractor has also to arrange for transportation of Railway staff and supervisors connected with the work to the site of work from the Railway station during execution of the

work.

1.1.58 Employment of diploma holder/Engineer Graduate : The contractor shall be required to employ un-employed Electrical Engineering graduate/Diploma holder on monthly salary during execution or works as indicated below.

Contract Value No. of Engg. Diploma holder/Graduate holder

Duration

a. Above Rs. 5 Lakhs & upto

Rs. 15 Lakhs

One qualified diploma holder. During the period of currency

of contract.

b. Rs. 15 lakhs and above. One qualified Electrical Engineer Graduate.

During the period of currency of contract.

In case, the contractor fails to employ the technical staff as aforesaid, he shall be liable to pay a reasonable amount not exceeding a sum of Rs. 20,000/- for diploma holder and not exceeding a sum of Rs. 40,000/- for Electrical Engineer Graduate for the month or a part of default. The

decision of the Engineer-in-Charge as to the period for which the required technical staff was not employed by the contractor as to the reasonableness of amount to be deducted on this

account shall be final and binding on the contractor. The deputed staff of the contractor has to keep good liaison with the Railway for execution of work .

1.1.59 Conservancy cess charges shall be deducted from on account bills in accordance with Rly Board letter No. F(X)I-95/1/1 dt.16.07.2012 which is as follows.

Description of category Average no. of Labourer or Workman Employed per day.

Proposed conservancy Cess Charges to be recovered PER MONTH

1. Railway Contractors:

a.Engg. Works Contractors (Engg, Elect. Mech. Signal etc.)

1 to 5 5 to 10 11 to 25

Rs. 106/- Rs. 208/- Rs. 523/-

b. Genl. Goods handling Contractors including contractors awarded by

stores department

26 to 50 51 to100

101 to 200

Rs. 762/- Rs.1,023/-

Rs.1,285/-

c. Coal handling ash pit cleaning

contractors

201 to 300

Rs. 1,546/-

d. Railway siding used by the Contractor

301 to 750 751 to 1500

Rs. 1,785/- Rs. 3,590/-

e. Contractor supplying water to Engines

1501 to 3000 3000 & over

Rs.7,182/- Rs. 14,345/-

1.1.60 Imposition of token penalty for delay in the completion work.

The existing clause 17(B) of GCC provides for recovery of liquidated damages from the contractor for delay in completion of work. It has now been decided that the Competent

authority while granting extension to the currency of contract under clause 17(B) of GCC may also consider levy of token penalty as deemed fit based on the merit of the case.

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CHAPTER-2

1.2 CONDITIONS OF PRICES AND PAYMENT TERMS: 1.2.1 SCOPE This chapter deals with prices to be paid for supply and erection including testing , commissioning of various plants/equipments for items of works or for supplies and other amounts payable in accordance with accepted schedules of prices and rates and terms and conditions of payment mentioned herein. 1.2.1.1 This is a composite works contract. The total prices for the completed items of work are the actual prices to the contractor as per the terms and conditions of the contract. 1.2.2. UNIT PRICES: 1.2.2.1 The rate quoted by the tenderer and accepted by the purchaser shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates etc. or due changes in tax structures

1.2.2.2. The rate quoted by the tenderer shall include the cost of materials, all taxes and ED Erection, testing and commissioning including all incidental charges like freight, Transport, loading /unloading, handling of materials, lifting , descent, insurance Coverage or bankers charges, indemnity bond etc. 1.2.2.3 The rate quoted by the tenderer shall include the cost of materials including

all incidental charges mentioned in 1.2.2.2. Above in case specifically directed by Railway for supply only. 1.2.2.4 The rate quoted by the tenderer shall include the cost of erection ,testing and commissioning including all incidental charges in case of the materials supplied by the purchaser as indicated in the schedule. 1.2.3 EXPLANATORY NOTES : Explanatory notes for various items of works included in the schedule are given in Part II of the tender paper. Tenderer should carefully read and include all the Cost of materials and

erection testing and commissioning as clearly explained in the explanatory notes . 1.2.4 TERMS OF PAYMENT: (i) Subject to any deduction or recoveries which the purchaser may be entitled to make under

the contract, the contractor shall unless otherwise agreed to be entitled to get the payments subject to conditions stipulated in the subsequent clauses. (ii) Payment will be arranged by Sr. Divisional Finance Manager, S.E.Railway, Adra for the bills submitted to Sr. Divisional Electrical Engineer (TRD)/Adra, through Depot-in-charge, subject to following :-

i) Execution of indemnity bond on stamp duty in case of any materials taken by contractor from Railways.

The bills for payment should accompany a copy of penalty imposed during the execution of the work for which payment is claimed and clearing certificate from the Depot-in-charges, indicating the successful job completed by tenderer. 1.2.5 ON ACCOUNT PAYMENT On account payment to the extent of 90% will be made on the total unit price of such items

included in the schedule of prices only for those items included in the schedule of prices and executed in terms of this contract for which Sr. Divisional Electrical Engineer (TRD), S. E. Railway, Adra considers appropriate and acceptable to make the on account payment. All

invoices shall be accompanied by the : i) Contractor’s challan along with suppliers/manufacturer’s challan for supply of items only. ii) Inspection certificate granted by the Inspecting authority as authorized by Sr. Divisional

Electrical Engineer (TRD), S. E. Railway, Adra. iii) Execution of indemnity bond on stamp duty in case of materials supplied by the Railways. iv) Certificate of current statutory taxes and duties, if applicable. v) Detailed entries made in the Measurement Book.

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1.2.6 FINAL PAYMENT : Balance 10% payment will be made through the final bill only after satisfactory completion of

the entire contractual work , satisfactory operation and handing over of the assets to the Railway duly tested and commissioned subject to compliance of the following application:

i) On supply of catalogue and operation manual/instruction books wherever applicable.

ii) On supply of “as Erected Drawing “ of the equipment/installation ,if applicable. iii) A “No claim” certificate in favour of Railway is issued by the contractor.

1.2.7 PAYMENT FOR SPARES AND FOR ADDITIONAL SUPPLIES: The contractor shall be eligible for receipt of full 90% payment for supply of spares and

additional supplies ordered on him in accordance with prices included in the schedule after handing over of the spares to the Railway in good working condition. Balance 10% payment will

be made through final bill. 1.2.8 PAYMENT OF PRICE VARIATION : Price variation clause will be applicable as per General Condition of Contract (with the latest amendment, if any) of S.E.Railway or as per extant rule of Railway. 1.2.9 PAYMENT OF STATUTORY VARIATION IN TAXES AND DUTIES:

The unit prices quoted by the tenderer and accepted by the Railway Administration Shall be firm. Also the purchaser will not be responsible for payment of duties and taxes made by the tenderer under misappropriation of law. 1.2.10 FINAL SETTLEMENT AND REFUND OF SECURITY DEPOSIT: On expiry of the warranty period and issue of the certificate for final acceptance produced all

the dues payable by the contractor to the Railway have been duly paid or otherwise made good by the contractor, the security deposit will be refunded to the contractor on production and surrender of the relative original receipts granted by the Railway in case it was paid in cash,

and where the security deposit is in the form of bank guarantee will terminate the contract. 1.2.10.1 The security deposit shall however , be liable to the 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 Railway whether specifically provided for herein or otherwise. 1.2.11 POST PAYMENT AUDIT: It is an agreed term of the contract that the Railway reserves to itself the right to carryout a post payment audit and or technical examination of the works and the final bills, 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 over payment 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. 1.12.12 MEASUREMENT: Payment for the work shall be made in accordance with the specifications, approved designs and drawings and measured in relevant units . The measurement will be made generally in

accordance with Tender schedule in conformity with the explanatory notes of the Tender schedule , specification and standard engineering practices. 1.2.12.1 MEASUREMENT OF WORK : The contractor shall be paid for the works at the rates in the accepted schedule of rates and on the measurement taken by the Engineer or the Engineer’s representative in accordance with the

rules prescribed for the purpose of the Railway: i) The quantity for items the unit for which it is pr