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NORTH EAST RAILWAY IZATNAGAR DIVISION (Mechanical Department) TENDER NO. M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015 TENDER DOCUMENT NAMEOFWORK:- Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar for use of Sr. DME (O&F) ,N.E Railway, Izatnagar Bareilly for the period of One Year. Cost of each Tender document:- Rs. 1,000/- Total value of Tender :- Rs. 3,84,000/- ( Three Lakh Eighty Four Thousand Rupees Only.) START OF THE TENDER DOCUMENT (Total Number of pages - 25) Sr.Divl. Mech. Engineer (O&F) N.E.Rly., Izatnagar

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NORTH EAST RAILWAY

IZATNAGAR DIVISION

(Mechanical Department)

TENDER NO. M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015

TENDER DOCUMENT

NAMEOFWORK:-

Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar for use of Sr. DME (O&F) ,N.E Railway, Izatnagar Bareilly for the period of One Year.

Cost of each Tender document:- Rs. 1,000/- Total value of Tender :- Rs. 3,84,000/-

( Three Lakh Eighty Four Thousand Rupees Only.)

START OF THE TENDER DOCUMENT

(Total Number of pages - 25)

Sr.Divl. Mech. Engineer (O&F) N.E.Rly., Izatnagar

North East Railway

Open Tender Notice No. M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015 Sealed Tenders for the work described below are invited by Sr. DME (O&F) N.E.Railway, Izatnagar for and on behalf of the President of India with Eligibility Criteria as mentioned in tender document.

Sl.

No. Name of work

Period of work

Approx. Cost

Earnest Money

(Rs.)

Period for selling of tender forms

receipt of tender and its Opening

Cost of Tender paper (Rs.)

1. Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for Use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

01 Year3,84,000/- 7680/-

Dt.22.06.2015 to 21.07.2015 10.00 to

15.00 hrs.

Dt.22.07.2015 up to 15.00 Opening Time 15:30 hrs.

1000/-

1. Tender document can be parched from office of the Sr. DME (O&F)/ N.E.Railway, Izatnagar, Bareilly , during working hours from Dt.22.06.2015 between 10:00 to 15:00 hrs, on production of cash receipt issued by Divisional Cash Office, NE Railway, Izatnagar Station. Tender document can be purchased by registered/Speed post through Money Order on additional payment of Rs. 500/- as postal charges. Tender cost is not refundable. Tender document will not be sold after 21.07.2015. Tender forms are nontransferable.

2. Sealed Tender document can be dropped in the Tender box No 1 in this office of Sr,D.M.E (O&F), placed at DRM office N.E.Railway, Izatnagar 243122, during working hours from Dt 22.06.2015 to 21.07.2015 and only up to 15:00 Hours on Dt.22.07.2015. Railway will not be responsible for late receipt of tender by post.

3. Earnest money, in cash, as mentioned in above Table should be deposited in the office of Divisional Cashier,NE Railway, Izatnagar and it’s original receipt or Demand Draft or Pay Order of any Nationalized/Scheduled Bank in favour of F.A & C.A.O., N.E. Railway/Gorakhpur, payable at Izatnagar should be deposited with the tender form. Tenders without requisite Earnest money will be summarily rejected.

4. The details of this tender notice and tender document will also be available on Websites http: // www.ner. indianrailways.gov.in & http://www.tenders.gov.in during the tender notice period, which may be downloaded and used as tender document.Tenderer(s) who are submitting downloaded (from website) tender documents must enclose nonrefundable tender cost as mentioned in above table, in the form of Bank Draft issued by any Nationalized/Scheduled bank in favour of FA&CAO/N.E. Railway/Gorakhpur, payable at Izatnagar, with the tender form. Tender offer not accompanied with the requisite tender fee will be summarily rejected. In case of any discrepancy between the tender documents down loaded from internet and the master copy available in the office of Sr. Divisional Mechanical Engineer (O&F)/IZN, the later shall prevail and will be binding on tenderer(s). No claim on this account will be entertained.

5. Railway administration reserves the right to accept or reject, any or all tenders, without assigning any reason there to.6. Other terms and conditions and instructions to tenderers as available in tender document shall be applicable.7. Tenderer should check any correction / corrigendum related to this Tender Notice on website before submitting their offer8. In case of unusual occurrence i.e. BANDH, STRIKE, HOLIDAY etc. falls on the day of last selling of Tender paper / closing of

Tender /Opening of tender, the date will be extended by one day / one working day respectively.

Sr. Divisional Mechanical Engineer(O&F)

N.E. Railway/ Izatnagar For and on behalf of President of India

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[kqyh fufonk lwpuk la[;k& M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015

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2- lhy oUn fufonk izi= oe;kbZ¼vks-,.M-,Q½ iwoksZRrj jsyos bTtruxj ds dk;kZy; esa fufonk isVh esa fn0 22-06-15 ls 21-07-15 rd dk;kZy; fnol esa dk;Z vof/k ds chp ,oa fn0 22-07-15 dks 15-00 ots rd Mkys tk ldrs gSA vFkok Mkd foHkkx ds ek/;e ls mDr frfFk ,oa le; ds igys rd Hksts tk ldrs gSa] ijUrq fufonk izi= le; ls u izkIr gksus ij jsy iz’kklu ftEesnkj ugh gksxkA

3- fufonknkrkvksa ds c;kus dh iw.kZ jkf”k tSlk dh mijksDr rkfydk ds vuqlkj uxn /ku jkf”k ds :Ik esa e.My dSf”k;j@iwoksZRrj jsyos bTtruxj LVs”ku ds dk;kZy; esa tek jlhn ¼ewy:Ik esa ½ vFkok fdlh jk’Vªh;d`r cSd @f”kMª;y cSda ls fMekUM Mkª¶V vFkok is vkMZj ds :Ik esa ] tks foRr lykgdkj ,oa eq[; ys[kk vf/kdkjh@iwoksZRrj jsyos xksj[kiqj ds i{k esa cU/kd@tkjh gksus pkfg, ] dks fufonk izi= ds lkFk tek djuk gksxkA fufonk izi= ds lkFk okfNar c;kuk jkf”k tek u djus ij fufonk izi= ij fopkj u djrs gq, bls vLohd`r dj fn;k tk;sxkA

4- ;g fufonk lwpuk ,oa fufonk izi= iwoksZRrj jsyos dh osolkbM ds http:/www.ner.indianrailway. gov.in, ,oaa ljdkjh iksVZy www.tenders.gov.in. ij miyC/k gSA tks fufonkdkj bu osolkbVks ls fufonk izi= MkmuyksM djds iz;ksx djsxs os blds lkFk mijksDr rkfydk ds lkFk fufonk izi= ds ewY; foRr lykgdkj ,oa eq[; ys[kk vf/kdkjh iwoksZRrj jsyos xksj[kiqj ds uke ns; cSd Mªk¶V ds :Ik esa /kjksgj jkf”k ds lkFk lEefyr u djds ] vyx ls izLrqr djsxs ] vU;Fkk budh fufonk dks fujLr ekuk tk;sxkA ;fn fufuonk bUVjusV ls MkmuyksMsM fufonk izi= esa dksbZ xMcMh ik;h tkrh gSA rks ] oe;kb¼vks-,.M-,Q½@dk;kZy;@bTtruxj esa miyC/k vuqeksfnr izfIr gh ekU; gksxhA

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8. Bs.Mj izirz cspus dh vfUre frfFk@[kksyus dh vfUre frfFk ds fnu fdlh dkj.k ls ;k cUn] gM+rky]lk vU; fdlh dkj.k ls dk;kZy; ugha [kqyrk gS rks mijksDRk dk;Z vxys dk;kZy; fnol dks gksxk A

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SCHEDULE OF RATES

Name of work Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

Place of work :- Izatnagar, Bareilly . Value of the work :- Rs. 3,84,000/ -upees Only)

Period of work;- :- 01 (One) year from the date of commencement of work

Date of Tender opening;- ;- 22.07.2015

Earnest money;- Rs.76 80=00 (Seven Thousand Six hundred Eighty Only)

Name of the Firm;- M/S-

S.No. Description of work Quantity UnitOffered Rate (Rs) Per unit

In Figures In Words

1.

Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr. DME (O&F) round the clock , for the period of One year. (Journey up to 2000 kms per month is inclusive)

01 Year

Per vehicle

per month

NOTE:-

1. Charges for diesel/petrol oil to be consumed in road vehicle, repair & maintenance and all other works, registration & insurance fees and driver wages etc and all taxes are included in the above rates. No extra payment will be made to the firm in this regard.

2. If the work load (Earned Kilometers) increases or decreases due to any reason, proportionate payment would be made to the firm as per the accepted rates

3. Rate evaluation will be done on the basis of monthly charges including running of 2000 kms per month.

Signature of the Contractor

NORTH EAST RAILWAY

Tender Cost: Rs.1000/-Tender Form No;- M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015 Tender Form (First sheet)The President of India,Acting through Sr. DME/O&F/N.E.Railway, DRM’s Office,Izatnagar

Tender For :- Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

I, we ____________________ have read various conditions of tender attached here to and hereby agree to abide by the said conditions. I/we also agree to keep this tender open for acceptance for a period of 90 (ninety) days from the date fixed for opening the same and in default thereof I/we will be liable for forfeiture of my/our ‘earnest money’ deposit.

1. I/we offer to do the work for the above-mentioned subject tender at the rates quoted in attached schedule and hereby/bind myself/ourselves to carry out the work during a period of three years from the date of issue of the acceptance of the tender. I/we also hereby agree to

abide by the general and special conditions of contract and to carry out the work according to the specifications or works laid down by the Railways for the present contract.

2. A sum of Rs.7680 = 00 herewith forwarded, as earnest money shall be forfeited without prejudice to any other rights or remedies in case my/our tender is acceptable and if -

a) I/we do not execute the contract documents within 45 days after receipt of notice issued by the Railways that such documents are ready and

b) I/we do not commence the work within 7 days after receipt of orders to that affect.c) I/we resile from my/our offer or modify the terms and conditions thereof in a manner not

acceptable to North Eastern Railway during a period of 90 (ninety days) from the date opening of tender.

3. The earnest money in the form of cash deposited with FA&CAO/North Eastern Railway vide cash receipt or deposited in the form of pay order or deposit receipts or demand drafts no.____________________ dated _____________is attached. I/we have clearly noted that the earnest money in the form of Bank guarantee bond is not acceptable.

4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter of acceptance of my/ our offer for this work.

Signature of TendererName & Signature of witnesses with Address: Full Name of the tenderer: Name of the Firm: 1. Date:2. Address:

NORTH EAST RAILWAYO&F DEPARTMENT, IZATNAGAR DIVISION

GENERAL TENDER CONDITIONS AND INSTRUCTION TO TENDERER/S

TENDER PAPER NO. M/46/1/1/O&F/Road Vehicle/IZN Dated 22.06.2015

Name of work :- Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

1.0SUBMISSION OF TENDER: Sealed cover tenders are invited for aforesaid work as under-

1.1 The Tender in general, shall be governed by the North Eastern Railway General Conditions of Contract-1999 or latest version and in accordance with latest correction slips issued. The ‘Engineer’ as defined in clause 1.2 (e) under Part-I (Meaning of Terms) of General Conditions of Contract shall also mean Sr.Divisional Mechanical Engineer (O&F) of Izatnagar division, N.E. Railway.

1.2 The tender documents consists of Tender form (first sheet), General conditions relating to tender/s, special conditions and instructions and specifications, detailed scope of work & format for offer of rates. All of these must be submitted as directed in covering note, failing which the tender is liable to be rejected.

a) All offers shall be either type written or written neatly in indelible Ink.b) Any individual(s) signing the tender or other documents connected therewith shall specify

whether he is signing: -o As sole proprietor of the concern or attorney of the sole proprietor.o As a partner or partners of the firmo As a Director, Manager or Secretary of a Limited company duly authorized by a

resolution passed by the board of Directors or in pursuance of the authority conferred by memorandum of association.

1.3 The tender documents must be submitted duly completed in all respects in a sealed cover super scribed as tender form for the work “as on top sheet” and should be deposited in the tender box (Mechanical department, Operation & Fuel, tender box no.1) lying in the tender room near Sr.DME/O&F chamber, D.R.M’s Office, Izatnagar. The tender will be opened immediately thereafter and terms and conditions read out in the presence of such tenderer/s as is/are present. Tenders, which are received after the time and date, specified above may not be considered. In case the intended dates for opening of tenders is declared a holiday, the tenders will be opened on the next working day at the same time.

1.4 Validity: The validity of the offer should be kept open for 90 (ninety) days from the date of opening of the tender.

2.0 SCOPE OF WORK: The Work is required to be carried out as per General & Special terms & conditions as mentioned in the tender document. Sr. DME/O&F, or their representatives will carry out the inspection of the works.

Signature of Tenderer

3.0 COMPLETION OF TENDER DOCUMENTS

3.1 The tenders containing erasing and alteration in tender documents are liable to be rejected. Any correction made by the tenderer/s in his/their entries must be attested by him/them. No correction of typescript of tender form issued by Railway will be taken notices of. If the contractor wishes to stipulate any conditions of his own he should state them in the covering letter of the tender. It should be noted however, that the Railway reserves the right not to consider such conditional tenders and reject the same without assigning any reasons. Only those additional conditions, which are explicitly accepted by the Railway, shall form part of the contract.

3.2 If there is a variation between rates quoted in figures and words, the rates which are favourable to the Railway shall be taken as correct. Tenders containing erasures and alterations of tender documents are liable to be rejected. If there is more than one or an improper rate is tendered for the same item the tender is liable to be rejected. Each page of the tender documents is to be signed and dated by the tenderer/s or such person/s on his/their behalf who is/are legally authorized to sign for him/them.

4.0 EARNEST MONEY: 4.1 The tender must be accompanied by a sum of Rs. 7680=00/- as earnest money in the manner

prescribed in Para 4.3 in the name of “FA&CAO, North Eastern Railway. ” failing which the tender shall be summarily rejected. In case, the tenderer withdraws his offer within the validity date of his offer or fails to undertake the contract after acceptance of the tender, the full earnest money shall be forfeited.

4.2 The tenderer/s shall keep the offer open for a period of 90 (Ninety) days from the date of opening of the tender in which the tenderer/s cannot withdraw his/their offer subject to period being extended further, if required, by mutual agreement from time to time. It is understood that the tenderer/s is/are being permitted to tender in consideration of stipulation on his/their part that submitting his/their tender he/they will not resile from his/their offer or modify the terms and conditions there of in a manner not acceptable to North Eastern Railway. If the tenderer/s fail to observe or to comply with the foregoing stipulation or fail to undertake the contract after acceptance of his/their tender, the entire amount deposited as earnest money for the due performance of the stipulation and to keep the offer open for the specified period shall be forfeited by the Railway. If the tender is accepted, the amount of earnest money will be held as initial security deposit for due and faithful fulfillment of the contract. The earnest money of unsuccessful tenderer shall be returned to the unsuccessful tenderer/s with in a reasonable time, but Railway shall not be responsible for any loss or depreciation to the earnest money for the due performance of the stipulation and to keep the offer open for the period stipulated in the tender documents while in Railway possession nor will be liable to pay interest thereon

4.3 The earnest money of the requisite amount referred to in Para 4.1 above is required to be deposited either in cash with the FA&CAO/ North Eastern Railway, on any working day or in any of the following form:-Deposit Receipts/ Pay Order/ Demand Drafts of the State Bank of India or any of the nationalized banks or any of the Scheduled Commercial Banks of RBI, pledged in favour of FA&CAO /North Eastern Railway, Payable at Izatnagar, Bareilly.The official cash receipts or deposit receipts or pay orders or Demand Drafts etc. as the case may be must be attached with the tender failing which the tender will be rejected.

Signature of Tenderer

NOTE:1. Any request for recovery from outstanding bills for earnest money against present tender will

not under any circumstances be entertained, tenders submitted with earnest money in cheques, government securities or in form other than those specified above shall not be considered.

2. No interest shall be allowed on the earnest money.3. Earnest money in the form of Bank guarantee bonds shall not be accepted.

ACCEPTANCE OF TENDER:5.1 It shall not be obligatory of the said authority to accept the lowest tender and the tenderer/s

shall not demand any explanation for the rejection of his/ their tender. 5.2 If the tenderer/s deliberately give/s wrong information in his/their tender and there by

create/s circumstances for the acceptance of his/ their tender, the railways reserve the right to reject such tender/s at any stage.

5.3 The successful tenderer/s shall be required to execute a contract agreement for carrying out of the work. The address of the contractor as given in the agreement will be deemed as their business address and all letters etc. sent to that address by the Railway Administration shall be considered as duly delivered to the contractors in the ordinary course of post

5.4 The authority for acceptance of the tender does not undertake to assign reasons for declining to consider any particular tender or tenders. The accepting authority also reserves the right to accept in full/ a part thereof/ reject the tender or to divide the tender amongst more than one tenderers if deemed necessary without assigning any reason.

5.5 The tender/s shall not increase his/their rate in case the railway administration negotiates for reduction of rates. Such negotiations shall not amount to cancellation or withdrawal of the original offer and if not agreed for reduction, rates originally quoted will be binding on the tender/s.

5.6 The tenderer/s shall submit an analysis of rates offered by him/them giving the details of cost of labor, material, equipments/machinery & profit etc. for proper evaluation of the tender.

6.0 SECURITY DEPOSIT ON ACCEPTANCE OF TENDER:-6.1 The earnest money of the successful tenderer, whose offer is accepted, shall be adjusted

towards security deposit. The security deposit will be 5% of the contract value. The rate of recovery of balance security deposit will be at the rate of 10% of the bill amount and will be recovered from running bills of contractor till the full security deposit is recovered. The security deposit will be released to the contractor after the physical/successful completion of the work as certified by the competent authority, who shall normally be the authority competent to sign the contract agreement.

Note:1. Security deposit will be returned only after the physical /successful completion of contract

and obligation, or else it would be forfeited.2. No interest will be payable upon the security money deposited with the Railways.

Signature of the Contractor

6.2 The Railway Administration shall be entitled to forfeit the whole or any part of the security deposit in the event of any delay or failure at any time on the part of the contractor to carry out the terms and provisions of this agreement without prejudice to any other remedy or right the Railway Administration may have against the contractor.

The contractor further agrees that the Railway Administration shall be entitled to recover any loss or damage which the Railway Administration may suffer or sustain by reason of the failure of the contractor to observe and enforce any of the terms and conditions of this agreement or on any account that may become due to the Railway Administration under or by reason of the terms and conditions of this contract from the amount of the security deposit and in the case the security deposit does not cover the entire amount of such claims the Railway Administration may realize the balance from any amount as may be due to the contractor from the Railway Administration without prejudice to the right of the Railway Administration to recover the dues by any other lawful means whatsoever. In the event of any such deduction being made from the security deposit the contractor shall at once make good the deficiency in the amount of the security deposited within 18 days from the date of demand to this effect.

7.0 GENERALCONDITIONS OF CONTRACT AND SPECIFICATIONS:

7.1 Except where specifically stated otherwise in the tender documents, the work is to be carried out in accordance with North Eastern Railway’s “General Conditions of Contract May-1999” or the latest version and in accordance with the latest correction slips issued.

7.2 Performance Guarantee:-

(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 penal interest of 15% per annum shall be charged for the delay beyond 30(thirty) days. i.e. from 31st day after the date of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. The failed contractor shall be debarred from participating in retender for that work.

(B.) The successful bidder shall submit Performance Guarantee amounting to 5% of the contract value in any of the following forms:-A. A deposit of cashB. Irrevocable Bank GuaranteeC. Government Securities including state loan bonds at 5 percent below the market valueD. Deposit Receipts, Pay orders, Demand drafts and Guarantee Bonds. These forms of

Performance Guarantee could be either of the State Bank of India or of any of the Nationalized Banks.

E. Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks.F. A Deposit in the Post Office Saving BankG. A Deposit in the National Savings CertificatesH. Twelve years National Defence CertificatesI. Ten years Defence DepositsJ. National Defence Bonds and K. Unit Trust certificates at 5 percent below market value or at the face value whichever is less.L.Note:- The instruments as listed above will also be acceptable for Guarantees in case of Mobilization Advance.

Signature of the Contractor

The Performance Guarantee should be submitted by the successful bidder after the letter of acceptance has been issued, but before signing of the contract agreement. This Performance Guarantee should 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 Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

(C) 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.

(D) Performance Guarantee shall be released after the physical completion of the work based on the “Completion Certificate” issued by the competent authority stating that the contractor has completed the work in all respect satisfactorily. The security deposit, however, shall be released only after the expiry of the contract / maintenance period and after passing the final bill based on “No Claim Certificate” from the contractor.

(E) Wherever the contract is rescinded, the security deposit will be forfeited and the Performance Guarantee shall be encashed and the balance work shall be got done independently at the risk and cost of the original/ failed contractor. The failed contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a JV or a partnership firm, then every member / partner of such a firm shall be debarred from participating in the tender for the balance work either in his / her individual capacity or as a partner of any other JV / partnership firm.

(F) The engineer shall not make a claim under the Performance Guarantee except for amounts to which the President of India is entitled under the contract (not withstanding and / or without prejudice to any other provisions in the contract agreement) in the event of :-

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein above, in which event the engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the contractor or determined under any of the Clauses/ conditions of the agreement, within 30 days of the service of notice to this effect by Engineer.

(iii) The contract being determined or rescinded under provision of the GCC the Performance Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

H. That the amount of profits derived by the contractor out of this contract, are liable to income tax and to facilitate this assessment, the contractor shall maintain a proper account of his receipts and disbursements, this account shall also be open for inspection or verification by the Railway Administration whenever so desired.

I. If the firm is dissolved on account of death or retirement of any partner or for any reasons whatsoever before completing whole work or part of it under taken by the principal, the partners will remain jointly and personally liable to complete the whole work to the satisfaction of the Railway. Otherwise to pay the compensation for the work as sustained if any by the Railway due to such dissolution, the amount of such compensation shall be fixed by the General Manager of the Railway and his decision in the matter shall be final and binding on the firm/ contractors.

J. The contractor shall ensure that, without prior written permission of the Railway, their service engineer / representative shall not remain in the Railways premises after completion of their specified timings or on completion of their work under this contract.

Signature of the Contractor

K. You have to also submit a affidavit ¼ckUM½@'kiFk izi=& ¼;fn ekuuh; mPpRre U;k;ky; }kjk mDr fo'ks"k vuqKk ;kfpdk esa 'kklu ds i{k esa fu.kZ; ikfjr fd;k tkrk gS rks muds }kjk Bsdk vuqcU/k ij vo'ks"k 100@& :0 ls vf/kd ns; LVkEi 'kqYd dk Hkqxrku dj foHkkx ds ys[kk 'kh"kZ esa tek dj fn;k tk;sxkA½

7.3 The contractor clearly understands that If at any time, he/his agents or any of his men unlawfully remove or cause to be removed any railway material out of the Railway premises, his contract will be liable to immediate cancellation and his security deposit will be forfeited without affecting right of the administration to recover the price of the materials removed by the contractor or his men and taking any legal action against him or them.

7.4 No interest will be allowed on the security deposit if held in cash by the Railway but any interest accruing on the deposit if made in marketable securities will be credited to the contractor and the contractor shall pay all charges for the deposit and withdrawal of the marketable securities and for collection of interest thereon.

7.5 That the contractor shall not sublet or assign or transfer this contract or any part thereof to any other person or party without the previous written consent of Sr. DME / O&F, Izatnagar. A BREACH OF THIS condition on the part of the contractor will make him liable for forfeiture of the entire security money deposit with the Railway and immediate cancellation of the contract.

7.6 That the contractor shall supervise the work either personally or through his representative who must be literate & approved by the Sr. Divisional Mechanical Engineer, O&F, Izatnagar

in which case the representative should produce a letter of authority from the contractor as per form below :-

I/We …………………Contractors for the works of Hiring of one non AC Road vehicle of TAVERA/ SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

hereby authorize …………… …..……..my/our representative to run and supervise the business of the above contract and do the necessary acts on my/ our behalf at Sr.DME(O&F) of N.E.Railway, Izatnagar.

7.7 That the contractor shall furnish a list of the authorized representatives who are appointed by him to supervise and look after the work. Three specimen signatures of the agent or the representative in whose favour the power has been given vide Para 7.6 above must be submitted to the office of Sr. Divisional Mechanical Engineer (O&F)/ Izatnagar.

7.8 The contractor shall If so required by the Railway, dismiss any of his workmen on account of unsatisfactory work, insubordination or any other cause compatible with the efficient carrying out of the terms of the contract and for like causes shall, if so required, exercise his power of finding any workmen subject to the provisions, of the Payment of Wages Act. 1936 and any statutory modification thereof. The contractors shall supply the names and particulars of his workmen (Drivers) to the office of Sr. Divisional Mechanical Engineer (O&F)/ Izatnagar.

Signature of the Contractor

7.9 That the contractor shall keep an office where notice, letters and other communications may be delivered to him or his representative on his behalf provided also that any notice under these presents shall be deemed to have been duly served on the contractor.

(a) The administration will not take notice of any change in venue of the office unless previous information in writing has been given to the Sr. Divisional Mechanical Engineer (O&F)/ NER, Izatnagar or his authorized representative.

7.10 That no land, wagon, building or coach belonging to the railway shall be occupied by the contractor, his agent or his employee for the purpose of this contract without previously obtaining the permission in writing from the Sr. Divisional Mechanical Engineer (O&F)/ NER, Izatnagar or his authorized representative. The contractor will have to pay the rent fixed by the administration. The contractor shall at all times be responsible for any damage to the work or property of the N.E.Railway or for any trespass committed by his agent or employees.

7.11 The contractor shall abide by the provision of the employment of Children Act XXVI of 1938 and all labor regulations in force or any modification of the same. The contractor hereby agrees to indemnify the Railway administration from and against all claims & penalties which may be suffered by the Railway administration or any person employed by him by reason of any default on the part of the contractor in the due observance and performance of such enactment.

7.12 That the contractor shall abide by the provision of the contract labor (Regulation and Abolition) Act 1970 & Contract Labor (Regulation and Abolition) Central Rules 1971 or any modification thereby the prescribed authority. The contractor hereby agrees to indemnify the Railway Administration from and against all claim and penalties that may be suffered by the Railway Administration or any person employed by him by reasons of any default on the part of the contractor in the due observance of such enactment.

7.13 The contractor shall be bound to observe and act up to the provision of the Workmen Compensation Act. The Payment of wages Act, Minimum Wages Act, Factories Act and other labor laws that may be applicable to the aforesaid contract work.

7.14 The Railway administration shall not be liable for any loss or damage by theft, fire, accident, explosion or any cause whatsoever which may be suffered by the contractor & his heirs /executors.

7.15 That when the contractor is a partnership firm the contractor shall furnish a true copy of the partnership deed and in case of the partnership being registered a copy of the registration certificate issued by the Registrar of the firms.

7.16 That when the contractor is a partnership firm the action of any one partner shall be binding on the others and such partner who does any act necessary that is usually done in carrying out the terms of the contract, shall bind his Co-partners to the same extent as if they were their agent duly appointed for the purpose.

7.17 That the contractor should satisfy himself by actual inspection of site and locality of the work and should take into account all conditions and difficulties that may be encountered during the operation before execution of contract agreement.

Signature of the Contractor

7.18 The Railway shall always have the right to add to any of the item of work mentioned in the schedule. It will further have the right to delete or cancel any work mentioned in schedule without being in any way liable to compensate the contractor for any loss that he may thereby, suffer provided that the rates for the conditional items of work shall be fixed by the Sr. Divisional Mechanical Engineer (O&F)/NER, Izatnagar in his sole discretion keeping in view the general rates prevalent for similar work on the Railway.

7.19 That the contractor shall provide an identity card to his employees, required to work at Divisional Control office, Izatnagar premises duly endorsed by Sr. Divisional Mechanical Engineer, O&F, NER, Izatnagar or his authorized representative.

7.20 That the contractor shall at his own cost provide all tools, equipment and deploy sufficient labor(Driver) necessary for the purpose of carrying out all work stated in this tender.

7.21 The contractor shall not pay less than the fair wages to the laborers engaged by him on the work. The labor wages and allowance shall not be less than the prescribed by any provincial law etc. applicable to the contract labor engaged in the locality in which the labor works.

7.22 If the contractor fails to perform any of the terms and conditions mentioned in the tender document Sr. Divisional Mechanical Engineer (O&F)/ NER, Izatnagar may at his option either-

(A) Terminate the contract by giving 24 hours notice of his intention to do so and forfeit the security deposit and the contractor shall have no claim to the return of the security deposit or any part thereof. OR(B) Make other arrangements at the expenses of the contractor for carrying out the work in which the contractor shall have made default without terminating the whole contract. In such event any expense, incurred by the administration in excess of the sum payable to the contractor against the work carried out according to the terms of the contract shall become due forthwith. In addition to the above the Railway administration shall be entitle to recover a penalty from the contractor at 20% of the value of work done for which the contractor was in default. The store dues and imposed penalty shall be recoverable from the contractor by the administration either from the said security deposit or from any money due to the contractor or through process of law. If any deduction is made from the security deposit, the contractor shall forthwith make good sums and restore the said security deposit.

7.23 That the contractor’s failure due to negligence in the performance of any of the terms of this contract, it shall be discretionary with the railway either to take action under the other provisions of the agreement or to impose penalty. Such penalty shall be fixed by the Sr. Divisional Mechanical Engineer (O&F)/ NER/ Izatnagar up to the extent of loss incurred to the railway.

7.24 Delay in payments of contractor’s bills, will in no circumstance be accepted as an excuse for contractor’s failure to carry out the terms of the contract satisfactorily.

Signature of the Contractor

7.25 That the contractor understands that no pass for free Railway travel will be given to him or his men for the fulfillment of this contract. They shall not be entitled to use Railway telegram free of charges.

7.26 The rates quoted in the tender document by contractor are final and must be adhered to. No enhancement of rate for any item will be allowed after the tender has been accepted.

7.27 The contractor will have to attend the office of the Sr. Divisional Mechanical Engineer (O&F)/ NER/ Izatnagar on calls at his own expenses. No passes or free railway travel will be given and no traveling expenses conveyance charges or halting charges will be paid to the contractor by the railway for asking the contractor to attend the above office.

7.28 The contractor shall not be allowed to terminate the contract before the expiry of the period of the contract scheduled in the agreement. The railway shall be liable to terminate the contract with not less than one month notice to the contractor at any time without assigning any reason. In the event of the termination of the contract by the railway under this clause, the contractor will be entitled to claim payment only for the work done up to the date of such termination and shall not have the right to claim any compensation for loss which may have accrued to him on account of termination of the contract before expiry of the period of the contract.

7.29 The contractor shall submit the BIO-DATA (Name, Father’s name, Address, Age & Passport size photo etc.) of his employees duly attested by the contractor to the concerned Dealer (O&F),before taking up the job under Sr.D.M.E(O&F)/Izatnagar, incharge and premises at the beginning of the work as well as in between as and when any of his employee is replaced with new employee.

The contractor should obtain ‘Identity Card’ from concern Dealer (O&F), for all those employees deputed to work, who shall carry out the said works. Those employees having and wearing proper identity card, details of whom have been submitted to the concerned Dealer (O&F), will only be allowed to work inside the office premises.

7.30 If any staff/worker of the contractor is found indulging in undesirable activities, the contract may be terminated.

7.31 The contractor shall be liable for the safety of his workmen during the course of contract it is made clear that no claim/compensation would be entertained for any type of accident/ incident involving his labor. Any compensation however as required under law would be payable by the contractor.

7.32 The Railway will provide space for storage of materials, machines & tools etc. if available at site. However in case of any loss / theft Railways shall not be responsible for these items.

7.33 The contractor shall ensure on the works at all times, efficient and competent supervisor/ workmen to give necessary direction to contractor’s workmen and to see that they execute their work in sound and proper manner.

7.34 The contractor shall ensure that without prior written permission of the Railway their employees shall not remain in the Railways premises after completion of their specified timings or on completion of their work under this contract.

7.35 Tenderers shall submit a CLAUSE –BY-CLAUSE comments on these tender conditions in the given format at Annexure–I. The deviation schedule shall include both the General & Special conditions of contract. Tenderer may note that it is not obligatory of said authority to accept the deviations.

Signature of the Contractor Sr. DME/O&F N.E Railway, Izatnagar

8.0 STUDY OF LOCAL CONDITIONS :8.1 The tender/s are advised to visit the site of work and investigate the actual conditions of

works. The scope of work should also be examined before formulating the rates for complete items of work.

8.2 The contractor shall work in coordination with the departmental staff for the execution of the work.

9.0 PERIOD OF COMPLETION:9.1 The entire work is required to be carried out during a period of One year from the date of

commencement of work. Time is the essence of contract. The contractors will be required to maintain steady and required progress to the satisfactions of the execution authority to ensure that the work will be completed in all respects within the stipulated period failing which action may be taken by the Railway Administration as per the clauses stipulated in “General Conditions of Contract 1999” or latest version or latest correction slips issued.

9.2 The contractor shall not be entitled to make any claim, what so ever against Railway under or by virtue of or arising out of the contract after he/they shall have signed a ‘NO CLAIM’ certificate in favour of Railways, in such form as shall be required by the Railway, after the work is finally executed.

10.0 PAYMENT TERMS:10.1 Subject to satisfactory working duly certified by Senior Divisional Mechanical Engineer/O&F,

N.E.Railway, Izatnagar or his representative, the contractor shall be entitled to receive the value of work against hiring of road vehicle during the month after necessary deduction or recovery, which the Railway Administration may be entitled to make under the contract or

any other contract. The bill should be raised by the contractor on monthly basis and should be submitted latest by 7th of every month for the previous month.

10.2 The bill for payment will be accepted by Dealer (O&F)/Mechanical or any other Sr. DME(O&F) ‘s representative and forwarded to the office of the Sr. Divisional Mechanical Engineer/O&F, N.E. Railway, Izatnagar duly counter signed by the Sr. DME/O&F/NER/IZN with necessary certification that the amount claimed for payment have been scrutinized, checked and verified and found correct.

10.3 The firm shall have to mention their account number (16 digits), name of the bank, IFSC code, Branch & Branch code, Bill number, date and agreement number on the bills.

10.4 The final bill should be accompanied by the completion certificate. 10.5 Sr. Divisional Mechanical Engineer/O&F, N.E. Railway, Izatnagar will arrange payment to the

contractor through Sr. DFM, N.E. Railway, Izatnagar.10.6 The Railway reserves the right to deduct the amount of penalty / the loss sustained to the

Railways from the work done while following non compliance of any of the contractual obligations on the part of contractor.

10.7 Delay in payment of the contractor’s bills, will be under no circumstances be accepted as an excuse for contractor for stopping the work.

10.8 Bills if prepared by the contractor after six months of their becoming due must be accompanied with sufficient Justification. Such claims will be considered time barred and may be accepted only after verification of the reasons advanced by the contractor for non submission of the bill timely.

10.9 The legal jurisdiction of the contract will be Bareilly District court of Uttar Pradesh.

Signature of the Contractor

10.10 All bills in three copies shall be submitted to concern Dealer (O&F)/ nominated representative of Sr. DME (O&F) IZN.

10.11 Payment will be made through cheque or any other mode that is being adopted by the Railways.

10.12 The rates should be inclusive of all taxes such as service tax, Octroi or any other tax etc. No any other payment / charges etc will be made to the firm in this regard.

10.13 Income tax and surcharges on Income. Tax & Education Cess shall be deducted from bill as per Income Tax department instructions.

10.14 The value of contract and quantities given in the attached schedule of rates are approximate and are given only as a guideline. These are subject to variations/ additions and/or omission. The quantum of the work actually carried out shall not form the basis of any dispute regarding the rates to be paid and shall not give rise to any claim for compensation on account of any increase or decrease either in the quantity or in the contract value.

10.15 Penalty for delay in completion/ non attending to certain activities:- In case the contractor fails to execute the certain activities / work as specified in the agreement, a penalty will be levied except for the case, where the delay is purely on the part of the Railways. In this regard the decision of Sr. DME (O&F) would be final and binding on the contractor and no appeal whatsoever to any authority would lie against it.

11.0 ARBITRATION: -

11.1 Any dispute regarding the contract will be dealt with in accordance with the relevant paras of General Condition of Contract 1999 or latest version or latest correction slips issued.

12.0 RIGHT TO THE RAILWAY TO DEAL WITH TENDERS:12.1 The Railways reserve the right to accept in full/ a part thereof/ reject the tender without

assigning any reasons.

Sr. DME/O&F N.E. Rly, Izatnagar

on behalf of President of India

I/We agree to abide by above terms and conditions as well as General Conditions of contract May 1999 or latest version or latest correction slips issued.

Sig. of the Contractor Full name:

Address:

Special Conditions Of Contract For:- Hiring of one non AC Road vehicle of TAVERA/SCORPIO OR similar on monthly basis including diesel / petrol, repair & maintenance and all other works, registration & insurance fees and driver wages etc. for use of Sr.DME(O&F), round the clock, for the period of One year. (Journey up to 2000 kms per month is inclusive)

The whole of the work shall be executed in conformity with the General Conditions of Contract 1999 corrected up to date, in conjunction with special conditions mentioned below. In the event of any conflict or contradiction between the provision of special conditions and General conditions of contract 1999, special conditions shall prevail. The decision of the railway administration (Sr. Divisional Mechanical Engineer, Operation &Fuel, N.E.Railway, Izatnagar) in this regard shall be final and binding on the contractor / firm.

1. Work over and above contract agreement value should not be done unless and until written orders to do so is given by the competent authority even if this is covered by the scope of variation as mentioned in tender document. The Railway does not under take any responsibility for the payment for the work done contrary to this provision.

2. The vehicle shall be required to operate as per the instructions issued by Sr. DME/O&F /IZN or his authorised representative.

3. The contractor shall not supply the vehicle not older than year 2012 make / model.

4. The vehicle shall comply the latest emission standards and have a good appearance and riding comfort etc.

5. The inner and outer condition of the vehicle shall be good & clean up to the expectation of the user. The seats shall be covered with white seat covers, which should be replaced with washed seat covers at least once in a week.

6. The contractor shall supply the vehicle having valid commercial registration, valid insurance and other necessary papers.

7. The vehicle is likely to be used generally all over the jurisdiction of Izatnagar Division, N.E.Railway i.e. (UP & UK ), however if so required, the vehicle can be used for outside this jurisdiction also.

8. The contractor shall have to supply TAVERA/ERTIGA/SCORPIO OR any other similar (Non AC) without any additional charges, with prior permission of railway administration i.e. Sr.DME(O&F)/NER/IZatnagar. The vehicle should be approved by Sr. DME(O&F)/NER/IZN before introduction of vehicle / use under this contract.

9. Logging of vehicle kilometers shall commence from the first reporting point. No mileage will be claimed for driver’s breakfast, Lunch or dinner or for drawl of fuel etc.

10. Vehicle shall be required for 24 hours a day and it shall be the responsibililty of the contractor and concerned driver to take programme of the vehicle user.

Signature of the Contractor

11. Vehicle shall be made available for 24 hours a day round the clock at under Sr.DME(O&F) of N.E.Railway, Izatnagar Division. Vehicle shall be used during night time also depending upon the requirements and no extra charges shall be paid for night working of the vehicle.

12. The vehicle should be manned by a trained driver at all times i.e. 24 hours a day and the driver should be ready to go anywhere as per the instructions of the user (Railway). The firm shall have to make their own arrangements for boarding, lodging of drivers. No boarding / lodging facilities shall be provided by the railways.

13. During the sickness / leave /rest of the driver, the firm has to make an alternative arrangement for the same at their own cost so that the railway working will not be hampered.

14. The hired vehicle provided by the firm will display on painted board with bold and legible letters “On Government (Railway) Duty” while working during the course of the contract.

15. The drivers must have a valid driving license and other desirable documents etc. 16. The firm shall be responsible for the availability of important documents such as Registration of the

vehicle, Insurance, Insurance fitness, State/ National road permit, pollution control certificate etc. If during the course of contract, any of the documents is due for renewal than the firm shall be responsible in this regard. No extra payment shall be made to the firm towards the cost of renewal / issuance any of the documents.

17. If important documents such as registration, Insurance, pollution control certificate, driving license of the driver or any other document which is required for the operation of the vehicle is not available or

due for renewal / not renewed well in advance, the vehicle will be treated as defective and penalty as specified in the penalty clause (S.No.1) shall be deducted from the running bills.

18. Breakdown shall be intimated through FAX or telephone. Date & time of such intimation shall be taken as date of break down. During breakdown, the firm has to provide an alternative road vehicle of similar make with in 01 hour. In the event of failure to provide alternative road vehicle, a penalty as specified in the penalty clause (S.No. 1) may be imposed for each hour exceeding the stipulated period, in addition to the deduction of proportionate rental charges of the vehicle from the bills of the contractor. In this regard the decision of Sr. DME (O&F) would be final and binding on the firm and no appeal whatsoever to any authority would lie against it. Firm may take the vehicle for servicing, however in this case, they should first provide similar alternate vehicle.

19. In case of breakdown, all the repairing, maintenance & servicing cost etc. shall be borne by the firm and no payment shall be made by Railways in this regard.

20. If the firm fails to provide an alternative road vehicle as stated above, the Railway administration would be free to hire road vehicle if deemed necessary & urgent by the Railways, from the market during failure and in such a condition total hiring charges shall be deducted from the running bills of the firm / Security deposit and a penalty as mentioned in penalty clause (S.No.52) shall be applicable. In this regard, the decision of Sr. DME(O&F), IZN shall be final and binding on the firm.

21. In case of any accident or mishap resulting in loss or damage to property or life, the sole responsibility for any legal or financial implication shall rest with the contractor.

22. In case any unauthorized or illegal or banned materials by any law for the time being in force are found in the vehicle, the responsibility shall solely rest with the contractor for the same.

23. In case of any complaint lodged by the user (Railway) or in the event of any disagreement between the contractor and the Railway, the decision of the user railway administrator (Sr. DME(O&F), N.E.Railway, Izatnagar) shall be final and binding on the firm.

Signature of the Contractor

24. Driver and vehicle should be courteous, polite and possess the valid driving license and have clean background & clean police record. Railways will provide no accommodation to driver or garage facility for vehicle.

25. Driver shall not at any point of time be under the influence of any intoxicant /alcoholic drinks. He shall not behave in any way, which may tarnish the image of the Indian Railway, its user and Government of India in general. Non-adherence to this instruction on part of contractor will lead to a penalty of Rs. 500/- per incident (As per penalty clause S.No.4) with rustication of that driver also.

26. Driver shall wear proper uniform / dress, preferably white with name badge. All this has to be provided by the contractor. Non-adherence to this clause will lead to a penalty of Rs. 100/- per event (As per penalty clause S.No.3)

27. Payments towards driver, lubricant, repair and maintenance, taxes (leviable by state / central Government) insurance etc. shall be borne by the contractor. Vehicle should be insured as per extent rules and statutory obligations.

28. Payment shall be made on the basis of the logbook maintained by the driver, duly certified by the vehicle users. The contractor shall submit the bill during the Ist week of the succeeding month for payment to Dealer, Operation & Fuel , N.E.Railway, Izatnagar or representative as decided by Sr. DME(O&F), IZN or his authorized representative. Bill passing authority will be Sr. DME, O&F, N.E.Railway, Izatnagar, whereas bill paying authority will be Sr. DFM, N.E.Railway, Izatnagar. Payment shall be made through cheque or any other mode which is being used by the railway administration.

29. Successful tenderer after acceptance of their offer and having received the letter of acceptance, have to place their vehicle at the Dvisional Control office, N.E.Railway, Izatnagar within 07 days or as per the instructions of Sr. DME (O&F) IZN or his authorised representative.

30. For the purpose of hiring charges the period shall be reckoned from the time of entering the vehicle in railway premises i.e. Sr. DME (O&F) IZN.

31. The payment of the vehicle shall be made for actual no. of days (after deducting of rental charges for absent), The vehicle is not running more than 2000 KM allowed without written permission from Sr. DME(O&F).N.E.Railway;Izatnagar.

32. No price variation is payable on account of change in rated of fuel, labour or any other component etc.

33. The contractor shall provide 24 hours manned telephone / mobile phone or fax facility for receiving instructions pertaining to vehicle even during odd hours.

34. The performance of the contractor shall be monitored and the contract may be terminated at any time for poor performance by giving seven days and 48 hours notice as per GCC 1999 or latest version / correction slips issued up to date.

35. The contract shall be valid for a period of One Year from the date of commencement of actual service. The railways however reserves the right to extent it further as per extent rules as deemed fit by the competent authority.

36. The Railway administration reserves the right without assigning any reason whatsoever to reduce / alter the quantum of work.

37. The railway administration reserves the right to terminate the contract at any time before expiry of the contract period in the event of any change in policy of Railway regarding hiring of vehicle by giving one month notice. The contractor shall not be entitled for any compensation on this account.

Signature of the Contractor

38. The contractor shall be responsible to supervise the work at all the time and need to maintain liaison with Railways representative for this work.

39. The rate quoted by the contractor shall be inclusive of all taxes / charges leviable by Union of India, State Government or Civil authorities etc. No extra payment on any account shall be made to the contractor.

40. It will be the responsibility of the contractor to ensure that the staff deputed by them is well acquainted with the Railway area and safety precautions to be taken by the staff in the concern area. Road map of the area should be available with the driver of the vehicle.

41. If the contractor fails to carry the work or portion of the work mentioned above, the Railway administration will be entitled to engage another contractor to do the work referred to in the contract at his risk and cost and to recover cost from the contractor thereof.

42. The contractor shall have to comply the rules and regulations decided by the central Government or state government or any other authority.

43. The court of the place from where the acceptance of the contract has been issued shall alone home jurisdiction to decide any dispute arising in respect of this contract or agreement.

44. The contractor in addition to the indemnity provided bylaw shall indemnify the Railway administration against all liability whatsoever to pay compensation under workman compensation act 1973 as amended from time to time in respect of any accident / injury / causality to any staff employed by him. The Railway administration shall not be liable for any compensation what so ever under this contract.

45. As far as possible the contractor shall have to provide a fixed vehicle and fixed driver. The performance of the driver and the vehicle should be up to the satisfaction of the user. Driver of the vehicle must be provided with the mobile phone for better connectivity. Bills of the mobile phone shall be paid by the contractor.

46. The driver of the vehicle can not deny going to any place as directed by the user once has reported on duty. He can also not deny working more than the normal duty hours, whenever he is required to do so.

47. The contractor or his employee shall not be entitled to claim of any employment in this railway.

48. All the taxes, including Income tax, legally leviable shall be payable by the contractor and deducted at source from the contractor’s bills.

49. Stamp fee for executing contract agreement / any other certificate required by the railway as prescribed under various provisions under Indian Stamp Act shall be borne by the contractor. It is the entire responsibility of the contractor to ensure genuineness of stamp papers which are to be purchased from the State Government treasury only.

50. In case of any contradiction between special terms & conditions of tender and general conditions, the special terms & conditions shall prevail.

51. Addendum and corrigendum to the ‘Special/other Terms and conditions’ may be issued as & when necessary and the tenderer/s shall have no objection.

52. Railways reserve the right to impose further penalty/penalties for non-compliance of the work as specified or for any undesirable activities, endangering the image of railways. In this regard decision of Accepting Authority will be final.

Signature of the Contractor

 

Penalty Clause- The Railways reserves the right to deduct the penalties as under: -

Sr.NO. DESCRIPTION OF ACTIVITY

Amount to be deducted from bill for not attending / Unsatisfactory work of the activity, in Addition to Proportionate Rental Charges of the vehicle calculated on hourly basis.

1. In Case, Breakdown / non availability of the vehicle for usage

Up to 1 hours –Rs.100/- shall be imposed.From 1 hours to 12 Hours- 1000/- From 12 hours to 24 Hours-2000/-

2. If driver found absent from the workplace Rs.500/- per person per incident.

3. If the driver not wearing Proper uniform /dress /Identity cards as specified in the tender document.

Rs.100/- per case.

4. Indulging of driver/any other representative of the firm in any act of misconduct.

Rs.500/- per workman per incident.

5. If vehicle is in dirty condition Rs. 100/- per incident.

53. During the operation of this contract, if any railway property damaged or lost by the workman of the contractor, full cost of the damage or lost property will stand recoverable from the contractor.

54. All sorts of Penalty and debit so imposed or raised against the contractor will stand recoverable from the work done bills or the security deposit money of the contractor as the case may be.

55. If during course of contract, vehicle is not provided by the firm for a period of 07 days on account of the firm, then the contract shall be liable to be terminated and security deposit as well as performance guarantee may be forfeited. In this regard the decision of Sr. DME (O&F) would be final and binding on the firm and no appeal whatsoever to any authority would lie against it.

56. 15 minutes time will be allowed for changing over of driver. 57. Quantity Variation :

As per Railway Board letter No. 2007/CE-1/CT/18 dt. 28.09.2007 and 2007/CE-1/CT/18 Pt.XII dated 31.12.2010, the procedure as delailed below shall be adopted for dealing with variation in quantities during execution of works contracts:-

1 Individual NS item in contracts shall be operated with variation of plus or minus 25% and

payment would be made as per the agreement rate. For this, no finance concurrence would be required.

2 In case an increase in quantity of an individual item by more than 25% of the agreement quantity is considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh tender for operating that item is considered not practicable, quantity of that item may be operated in excess of 125% of the agreement quantity subject to the following conditions—

A. Operation of an item by more than 125% of the agreement quantity needs the approval of an officer of the rank not less than S.A. Grade.

(I) Quantities operated in excess of 125% but up to 140% of the agreement quantity of the concerned item, shall be paid at 98% of the rate awarded for that item in that particular tender.

(II) Quantities operated in excess of 140% but up to 150% of the agreement quantity of the concerned item shall be paid at 96% of the rate awarded for that item in that particular tender.

Signature of the Contractor

(III) Variation in quantities of individual items beyond 150% will be probhited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associated finance and shall be paid at 96% of the rate awarded for that item in that particular tender.

B. The variation in quantities as per the above formula will apply only to the Individual items of the contract and not on the overall contract value.

C. Execution of quantities beyond 150% of the overall agreemental value should not be permitted and if found necessary should be only through fresh tenders or by negotiating with existing contractor, with prior personal concurrence of FA&CAO/ FA&CAO(C) and approval of General Manager.

3. In case where decrease is involved during execution of contract---

A. Sr. DME (O&F), Izatnagar, can decrease the items up to 25% of individual item without finance concurrence.

B. For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than the rank of S.A Grade may be taken, after obtaining No

Claim Certificate from the contractor and with finance concurrence, giving detailed reasons for each such decrease in the quantities.

C. It should be certified that the work proposed to be reduced will not be required in the same work.

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for other items). A minor value item for this purpose is defined as an item whose original agreement value is less than 1% of the total original agreement value.

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

6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a whole and not on individual SOR items. However, in case of NS items, the limit of 25% would apply on the individual items irrespective of the manner of quoting the rate (Single percentage rate or individual item rate)

7. For the tenders accepted at the Zonal Railways level, the variation in the quantities will be approved by the authority in whose powers the revised value of the agreement lies.

8. For tenders accepted by General Manager, variations up to 125% of the original agreement value may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers, variations up to 110% of the original agreement value may be accepted by General Manager.

10. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case the vitiation of the tender (both for increase as well as decrease of value of contract agreement), sanction of the competent authority as per single tender should be obtained.

  Sr DME/O&F N.E Railway, Izatnagar

Signature of the Contractor

Tenderer Details

(Please fill in the questionnaire below precisely and full details)

1. Give details of your previous experience in the field of similar work- if any.

2. Have you any partnership consultant to assist you in this work? If so give full particulars.

3. Give details of Road Vehicle registration, Insurance. Certificate etc.

4. Give details of Income Tax Return for last three year.

Signature of the Contractor

VENDER MANDATE FORM1. PARTICULARS OF THE PARTY:(a) NAME : ………………………………………………………(b) ADDRESS: ………………………………………………………………………………………………………………………………………………………(c) PHONE No. ………………………MOBILE No.: ……………… FAX No.……………………(d) I.TAX PAN No. ……………… E MAIL No. ………………………………………………….(e) TIN No. VAT Registered No./Sales Tax Regd. No. ………………………………………(f) CST Regd. No.

2. PARTICULARS OF BANK ACCOUNT:

(a) BANK NAME : ………………………………………………………(b) BRANCH : ……………………………….………………………(c) BANK ADDRESS: …………………………………………………(d) BANK TEL. No. : ………………………………FAX No. ……………………(e) BANK MICR CODE (9 Digit)(f) BANK ACCOUNT No. : ………………………………………………………(g) ACCOUNT TYPE : SAVINGS / CURRENT / CASH CREDIT LEDGER F/ No.

3. DECLARATION BY THE PARTY :

I hereby declare that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information the user institution i.e. N.E.Railway will not be held responsible. I have understood the scheme and agree to discharge the responsibility expected from me as a participant under the scheme.

This Mandate Form should be treated as an application for the purpose of(i) Refunds of EMD in the event of un-successful tender and /or(ii) Any due payments made by Railways.

Date: ………………. Signature of the party with Stamp

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

Bank’s Seal Signature of the authorised official of the

Bank

The log book should contain the following columns.

Date Journey Timings KM. No. as per speedometer

Purpose of Journey(Train No)

Total KM. Travelled

Sign. Of Vehicle User

From To From To From To

Clause by Clause Comments

Clause# Comment Deviation(s)

General Conditions:

Special conditions:

Technical Details:

END

Signature of the Contractor