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CMO WH - Bangalore ANNUAL MAINTENANCE OF RAILWAY SIDING AT SAIL WAREHOUSE, BANGALORE Page 1 of 22 STEEL AUTHORITY OF INDIA LIMITED CENTRAL MARKETING ORGANISATION Tender for Annual Maintenance of Railway Siding at SAIL Warehouse at CHANNASANDRA - BANGALORE Tender No. SAIL/CMO/BAN/AMC/RLYSDG/JAN2010 Last Date of submission : upto 11.00 am on 12/01/2010 Venue of Tender opening : SAIL Warehouse, Ramamurthy Nagar Main Road, Channasandra, Bangalore-560 016

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Page 1: Tender for Annual Maintenance contract for Railway Sidino ...imghost1.indiamart.com/tenders/doc/2009-12-24/341_2009-12-24_6.… · downloaded from SAIL website, the content is same

CMO

WH - Bangalore ANNUAL MAINTENANCE OF RAILWAY SIDING AT SAIL WAREHOUSE, BANGALORE

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STEEL AUTHORITY OF INDIA LIMITED CENTRAL MARKETING ORGANISATION

Tender for Annual Maintenance of Railway Siding

at SAIL Warehouse at CHANNASANDRA - BANGALORE

Tender No. SAIL/CMO/BAN/AMC/RLYSDG/JAN2010

Last Date of submission : upto 11.00 am on 12/01/2010 Venue of Tender opening : SAIL Warehouse,

Ramamurthy Nagar Main Road, Channasandra,

Bangalore-560 016

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STEEL AUTHORITY OF INDIA LIMITED (A Government of India Enterprise)

Bangalore Warehouse, Ramamurthy Nagar Main Road

Channasandra, BANGALORE-560 016 Phone – 25650873, TELEFAX -25650973

TENDER FOR APPOINTMENT OF CONTRACTOR FOR MAINTENANCE OF RAILWAY SIDING

NOTICE INVITING TENDER

1. Sealed tenders are invited from experienced Railway/Civil contractors for the work

of “Annual Maintenance of Railway Siding at SAIL Warehouse at Channasandra-Bangalore “. The prescribed Non-transferable tender documents can be had on written request on any working day between 10.00 A.M. to 3.30 P.M. up-to 02/01/2010 and by depositing Rs. 200/- (Rupees two Hundred only) in Cash or Demand Draft in favour of STEEL AUTHORITY OF INDIA LIMITED, payable at BANGALORE, (non-refundable) from the following office: -

• The Office of Warehouse Manager, SAIL warehouse, Ramamurthy Nagar,

Channasandra, Bangalore-560 016. • The tender documents will also be available at and can be downloaded from the

SAIL website at www.sailtenders.co.in 2. For tender documents downloaded from SAIL website, the same shall be used for

submission without any modification/alteration/correction. While submitting the tender, a separate demand draft being the cost of tender documents as stated in the Para.1 above shall be enclosed, in addition to earnest money deposit. Otherwise, the tender will be summarily rejected.

3. Last Date of issue of tender papers : 3.30 .pm on 02/01/2010

Pre-Bid meeting : 11.00 am on 05/01/2010 Receipt of Sealed Tenders : 11.00am on 12/01/2010 Opening of Tenders on : 11.30am on 12/01/2010 Validity of the tender : 90 days

4. SAIL reserves the right to accept or reject any one or all the tenders without

assigning any reason whatsoever.

WAREHOUSE MANAGER

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STEEL AUTHORITY OF INDIA LIMITED Bangalore Warehouse,

Ramamurthy Nagar Main Road Channasandra, BANGALORE-560 016 Phone – 25650873, TELEFAX -25650973

TENDER FOR APPOINTMENT OF CONTRACTOR FOR ANNUAL MAINTENANCE OF RAILWAY SIDING

1.0 INVITATION TO TENDER 1.1 Sealed two parts tenders in the prescribed form are invited from eligible tenderer for

the work “Annual Maintenance of Railway Siding at SAIL Warehouse, Channasandra-Bangalore,

1.2 The work involves maintenance of railway siding at SAIL Warehouse at Channasandra-Bangalore .

1.3 Validity: The tenders are to be kept valid for a period of 90 days from the date of

opening of the techno-commercial part of the bid. 1.4. EARNEST MONEY DEPOSIT

(a) The tenderer is required to submit a non-interest bearing Earnest Money (EMD) of value Rs.7500/- ( seven thousand five hundred only) in the form of Demand Draft/Pay order/Banker’s Cheque from any Scheduled Bank (except Co-operative Bank, Gramin Banks and Catholic Syrian Bank Ltd.) drawn in favour of Steel Authority of India Limited payable at BANGALORE along with the Tender Documents. Earnest money in the form of Cheque will not be accepted and the tender will be liable for rejection.

(b) Public Sector Undertakings/SSI Units are exempted from the need of submitting earnest money.

(c) Earnest Money Deposit submitted towards earlier tenders or any other amount deposited with SAIL shall not be adjusted towards the requirement of Earnest Money Deposit of the present tender.

(d) The Earnest Money Deposit of the successful tenderer shall be retained towards Security Deposit for the due fulfillment of the contract and shall not carry any interest.

(e) Refund of EMD to unsuccessful tenderers will be made within 60 days of from the opening of Part – I of tender.

1.5. Qualifying Criterion: 1.5.1 Following minimum criterions are essential for the techno-commercial qualifications

of the tender for the work A) Average annual turnover of the tenderer in the past three years ending on 31st March

2009, shall not be less than Rs. 1,70,000/- per annum.

B) The Tenderer having done Maintenance of Railway Siding or Construction of Railway siding or Civil engineering contractors having experience in the construction of railway

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works, bridges or other constructions related to road, buildings etc. in a Govt. Deptt / PSU / Municipality / Local body / renowned organization etc., during last seven (7) years ending October - 2009, of value not less than the following:-

1. Three similar jobs of completed value not less than Rs. 2.25 lakhs each OR 2. Two similar jobs of completed value not less than Rs. 2.75 lakhs each. OR 3. One similar jobs of completed value not less than Rs. 4.45 lakhs. Jobs carried out in different divisions of the same organization will be considered as one job only

( C) Certificate(s) on completion of works from the employer(s) to be submitted ( D ) In case of AMC the monthly rate will be multiplied with the duration of contract / execution period to arrive at the cost of work.

( E ) The Tenderer has to be registered under Service Tax under Maintenance Repair Service

or give an undertaking that they shall be registered with the Service Tax authority within 30 days of issuance of Letter of intent , if not already done.

1.6 Full information should also be given by the tenderer in respect of the following:

In case: (a) IF AN INDIVIDUAL:

1. His full name, addresses with Telephone nos., Mobile nos. and place of business

2. His financial status 3. His previous experience. (b) IN CASE OF PARTNERSHIP FIRMS:

1. The names, addresses, telephone nos. and mobile nos. of all the partners 2. Certified copy of the partnership deed; 3. Company’s financial status (c) IN CASE OF COMPANIES:

1. Certified copies of Memorandum and Articles of Association are also to be furnished.

2. Nature of business carried on by the Company and the provisions of its memorandum relating thereto.

3. Company’s financial status 1.7 The tenderer, with prior appointment, may see for themselves on any working day:

i) The Warehouse at SAIL Warehouse, Channasandra-Bangalore as well as the handing over point where Railways hand over the consignment(s).

ii) The layout of the warehouse and Railway siding. 1.8 By submitting a quotation, the tenderer shall be deemed to have fully familiarized

himself / themselves with the layout of the Warehouse as well as requisite data including those indicated in the tender document and shall be deemed to have fully

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satisfied himself / itself of his / its capabilities to undertake and perform the job under the contract to the satisfaction of the Company (SAIL).

1.9 Pre-Bid conference: A pre-bid conference will be organized by SAIL for clarifying all

doubts/questions of the prospective bidders who have purchased / downloaded the Tender documents on 05/01/2010 at 1100 hrs at SAIL Warehouse, Ramamurthy Nagar Main Road, Channasandra, Bangalore 560 016. (phones - 080 – 25664845 / 25650873 ; Telefax : 25650973)

1.10 It shall be the responsibility of the tenderer(s), while submitting the tender(s) to

ensure that the tenders have been submitted in the formats and as per the terms and conditions prescribed in the SAIL Website and no change is made therein before submission of their tender. A declaration to the effect that in case of submission of Tender Documents downloaded from SAIL website, the content is same as that available at SAIL website.

1.11 In case any tampering / unauthorized alterations is noticed in the tender submitted,

from the Tender Document available on the SAIL Website, the said tender shall be summarily rejected and the Company shall have no liability whatsoever on the matter.

2. 0 SUBMISSION OF TENDER 2.1 Tenderers are requested to quote their lowest technically acceptable consolidated

rate as per enclosed schedule. The rates to be quoted shall be inclusive all taxes viz. Income tax, Education Cess on Income Tax etc. as applicable from time to time, but exclusive of Service Tax, Education Cess on Service Tax.

2.2 Tender must be submitted in a sealed envelope containing three separate envelopes

in accordance with the procedure detailed herein. Specified documents shall be sealed in envelope of appropriate size, each of which shall be sealed:

2.3 ENVELOPE MARKED No.1 shall contain :

a) Earnest Money Deposit as explained above, in the form of Demand Draft / Pay Order / Banker’s Cheque drawn in favour of Steel Authority of India Limited on a Scheduled Bank (except Catholic Syrian Bank Ltd., Co-operative Banks, Gramin Banks) payable at BANGALORE. Previous deposits with SAIL, if any, by way of earnest money / security or any other kind of deposit or dues cannot be adjusted for this purpose.

b) In case of downloaded, the tender documents in originals should be accompanied with payment of Rs.200/- (non-refundable) in the form of Demand Draft / Pay Order / Banker’s Cheque drawn in favour of Steel Authority of India Limited payable at BANGALORE in a separate envelope. Photocopies of downloaded documents shall not be acceptable and liable for rejection.

c) The tender form i.e. the covering / forwarding letter to the tender in the prescribed proforma including Tender Notice, Invitation to Tender, Instructions to Tenderers, Genaral Conditions of Contract , Special Conditions of Contract, Technical Details of Work, Tender Form along with

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all enclosures duly signed with rubber stamp on each page as token of acceptance.

d) Constitution of the firm / company including date of registration of the firm / company.

e) Necessary documents to show the Average annual turnover of the tenderer in the past three years ending on 31st March 2009, shall not be less than Rs. 1,70,000/- per annum as per the Qualifying Criterion.

f) Necessary documents to show that the Tenderer having done Annual Maintenance of Railway Siding or Construction of Railway siding in a Govt. Deptt / PSU / Municipality / Local body / renowned organization etc., during last seven (7) years ending October 2009, as per the Qualifying Criterion.

g) A declaration to the effect that in case of submission of Tender Documents downloaded from SAIL website, the content is same as that available at SAIL website.

h) A copy of Certificate registered under Service Tax under Maintenance Repair Service or an that they shall be registered with the Service Tax authority within 30 days of issuance of Letter of intent , if not already done.

Note : In the absence of any of the above documents the tender may not be

considered as valid. However, SAIL shall ask for the missing documents if any, additional documents or clarification on documents furnished.

IMPORTANT -- PLEASE NOTE THAT THE TENDER RATES SHOULD NOT BE

INDICATED IN ANY OF THE DOCUMENTS CONTAINED IN THE ENVELOPE NO.1 2.4 Envelope marked No.2 shall contain the rates for operations to be quoted by the

tenderer , in the prescribed proforma, duly filled in and signed by the tenderer with official seal. The rates are to be quoted exclusive of Service Tax and Education Cess

2.5 Envelope Marked No. 1 & 2 shall be put in a master envelope of adequate size

marked No.3, which shall also be properly sealed. The following shall clearly be super scribed on each of the envelope, “TENDER FOR ANNUAL MAINTENANCE OF RAILWAY SIDING CONTRACT AT SAIL WAREHOUSE, BANGALORE, ALONG WITH THE TENDERER’S NAME AND ADDRESS”.

2.6 However, in case of submission of downloaded tender documents, super-scription will be as follows – “TENDER FOR ANNUAL MAINTENANCE OF RAILWAY SIDING CONTRACT AT SAIL WAREHOUSE, BANGALORE, ALONG WITH THE TENDERER’S NAME AND ADDRESS – DOWNLOADED DOCUMENTS FROM SAIL WEBSITE.”

2.7 Rates shall be quoted in English figures as well as in English words and any error in the rates quoted in the schedule, the rates in words and figure differ, the amount written in words shall be taken final.

2.8 Any request from the tenderer in respect of additions, alterations, modifications, corrections etc. of either terms and conditions or rates of his tender after opening of the tenders, shall be liable for rejection.

2.9 By submitting the tender for the work, the tenderer will be deemed to have satisfied

himself by actual inspection of the site and locality of the work. The rates quoted by him in the tender will be adequate to complete such work according to the specifications and conditions attached thereto and he has taken into account of all conditions and difficulties that may be encountered during its progress and to have

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quoted labour and material rates, which shall include cost of materials with taxes, octroi and other duties, lead, lift, loading and unloading freight for materials, and all other charges necessary for the completion of the work, to the entire satisfaction of SAIL.

2.10 The Tenderers can drop their tenders in the Tender Box placed at SAIL Warehouse,

Ramamurthy Nagar Main Road, Channasandra, and Bangalore 560 016. Tender will also be accepted by Registered Post / Courier service.

2.11 However, Tenders received by post or by Courier, shall be considered only when it is

received at before the scheduled of date, time and venue of tender opening. SAIL shall not be responsible for any Postal/Courier delay.

2.12 Venue for Tender receipt and Tender opening :

: SAIL Warehouse, Ramamurthy Nagar Main Road, Channasandra,

Bangalore 560 016 Last Date of issue of tender papers : 3.30 .pm on 02/01/2010

Pre-Bid meeting : 11.00 am on 05/01/2010 Receipt of Sealed Tenders : 11.00am on 12/01/2010 Opening of Tenders on : 11.30am on 12/01/2010

2.13 OPENING OF TENDERS

2.13.1 The Master Envelope (marked No.3) containing the other two separate envelopes

(Part – I & Part II) shall be opened at due date and time for submission of tender. 2.13.2 Envelope No.1 containing the earnest money, the covering letter to the tender and

other documents as specified above will then be opened. If the earnest money deposit is not found as prescribed, the tender may be rejected. Tenders of parties who do not fulfill the technical qualifications laid down by the Company may not be considered further. Tenders from parties who do not accept the commercial conditions of the Company not be considered further.

2.13.3 The sealed Envelope No.2 containing price bids from parties who are technically

and commercially acceptable only will be opened on a separate date to be intimated in advance to such eligible Tenderers.

2.14 SAIL retains the right to seek more clarification from the tenderers demanding

required/additional documents. In case the documents furnished by the tenderers are not satisfactory, SAIL is having the right to give the tenderers further chance for submitting the required documents.

2.15 GENERAL 2.15.1 If the Tenderer has a relative employed in any capacity with Steel Authority of India

Limited, he shall inform the authority calling for tenders of the fact while submitting his tender, failing which his contract may be rescinded; and if the fact subsequently comes to light, he shall be liable to make good to the SAIL any loss or damage

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resulting from such cancellation to the like extent provided in the case of cancellation under the relevant Clause of General Conditions of Contract.

2.15.2 Canvassing in any form is strictly prohibited and the tenders submitted by the

Tenderers, who resort to canvassing, will be liable to rejection. 2.15.3 The original documents of successful tenderer duly signed sealed in all pages viz.

the Agreement, the Tender, Invitation to Tender, Instructions to Tenderers, General Conditions of Contract, Special Conditions of Contract, Technical Details of the Work, Time Schedules, Price Bid/ Schedule of Operation – I together with the Letter of Intent awarding the work, shall form the Part of Contract. If there is any conflict between any of the provisions in the Special Conditions and any of the other documents referred, the provisions in the Special Conditions of Contract shall prevail. Similarly, if there be any difference between the description in the specifications and drawings and the works items in the Schedule of Quantities, the description in the Schedule of Quantities shall prevail.

2.16 Commercial Evaluation of the tender : 2.16.1 A judicious estimate of the value of the work has been prepared by SAIL. Also, a

(+/-) range has been fixed for deviations in the estimated price for acceptance of the total evaluated price of tenderers as worked out in the comparative statement.

2.16.2 In case the L-1 price of technically & commercially suitable tenderer is more than

the upper limit of estimated price, the price will be negotiated with the L-1 tenderer only. In case more than one technically & commercially suitable parties have quoted same price and are L-1, the price will be negotiated with all the L-1 parties only. However, no tenderer should be allowed to increase the price as a result of negotiation, under any condition.

2.16.3 If the L-1 price is less than the lowest limit of the estimated prices, the tenderer will

be asked to justify the rates quoted in detail. On refusal of the same, the tenderer will be asked to furnish Performance Guarantee (PG) in the form of Bank draft / Bank Guarantee equal to the amount which will be the difference between estimated price and the quoted price of the tenderer. This will be in addition to the security deposit. Earnest money of the tenderers who refuse to give performance guarantee bond will be forfeited and they will not be considered in re tendering if the contract is not finalised from the present tender.

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3. GENERAL CONDITIONS OF CONTRACT 1.1.

The contractor has to engage sufficient labours for the required maintenance works. Apart from engaging labourers on regular basis for the works, at times during the breakdown and/or during major repair work he may have to engage additional required labours. Tenderers shall take into account of these components while quoting the rates. No compensation will be given for the additional labour engagement.

1.2. The successful tenderer shall be bound to carry out, perform and observe all the obligations under the various acts and rules in force from time to time. He shall maintain such records as are required under the applicable laws and submit them for scrutiny whenever required to do so to the company or its designated officer.

1.3. As a security against non-fulfilling the various obligations, the successful tenderer

shall have to be deemed to have authorized the company to set off any claims under various acts and rules in force from time to time from the bill amount payable to him and also to withhold the payments due to him till such time as the requirements of laws are complied with or to adjust payments to be met to and/or on account of the employees of the successful tenderer from the amount payable to him.

1.4. Issuance of Gate Pass: The successful tenderers shall have to obtain gate passes for

his contract labours from the Warehouse Manager/Warehouse In-charge of the Company (SAIL) as per the procedure of Warehouse.

1.5. The successful tenderer shall ensure that the working hours for the female workers,

if any, employed by them shall be regulated as per the provision of statute and that no woman worker are made to work inside the company’s premises except between 6.00 AM and 6.00 PM of any working day.

1.6. The contractor shall keep responsible and experienced representative in the yard on

a whole time basis to supervise the work and to take directions from time to time from the company’s staff.

1.7. The successful tenderer shall further ensure that proper discipline and decorum is

maintained by the workmen / employee engaged by him in the company’s premises. 1.8. No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering or

Administrative duties in any Engineering Department of the Government of India is allowed to work as a contractor or engaged by a contractor for a period of 2 years immediately after his retirement from Government services.

1.9. The successful tenderer will indemnify the company against any claim whatsoever

that the labourers/personnel employed by him may lodge against the company or any claim of money that the company may be put to for failure of the agency to comply with various obligations under various rules/statutes applicable to the agency and shall keep harmless the company.

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1.10. The contractor is expected to maintain the following minimum records :

a) Site Log Book indicating the various activities attended on day-to-day basis. b) Material register indicating the details of materials consumed, material

purchased, balance material available. c) Monthly performance report summarising the work executed during the month,

work planned for next month/for future period, material statement. d) SAIL Warehouses are holding the ISO certification. According to the

requirement for ISO certification the records are to be maintained properly and any additional record/document required are also to be furnished.

1.11. Outstation parties should have local office / resident engineer and local telephone. 1.12. The Site Personnel and the Contractor should have a local mobile phone facility for

the entire duration of contract, as the job criticality requires instant communication with them.

1.13. Statutory Payments. 1.13.1 The successful tenderer shall comply with all the provisions of Service Tax or any

other Statutory provisions which are required or will be required for rendering of his / its services to SAIL.

1.13.2 All statutory payments, if any, with regard to labourers employed by the Tenderer in

this Contract shall be paid to the concerned authorities as and when they are due to be paid during the currency of the contract. If any demand on such payments made on SAIL by the concern authorities, SAIL shall recover such dues amounting to on statutory payments and penalty if any, for delayed payment and shall be paid to the concerned authorities.

1.13.3 Contractor shall be solely responsible for any injury / damage that may be caused to

any person employed by him and / or to company's property. He shall take 3rd Party insurance to cover as may be necessary in this regard at his own cost and such Insurance Policies shall be deposited with the company.

1.13.4 It shall be the responsibility of the contractor to ensure that payment of insurance premiums are made regularly within time wherever required, and to keep the policies valid at all times during the currency of the contract. 1.14. BANNING OF BUSINESS DEALINGS : a) SAIL reserves its right to remove from the list of approved contractors/or to ban

business dealings if the contractor is found to have committed misconduct as also to suspend business dealings pending investigations. Further, in case the contractor, his partner, member, servant, labour, agent, representative and/or any person working for and on behalf of the contractor is found involved in any unauthorised, or wrongful removal of material or in any attempt for such removal of material or in any attempt for such removal, this shall amount to breach of contract as well as misconduct caused by the contractor and company shall be entitled to forfeit the entire security deposit and any other amounts, money or material that may be lying with SAIL apart from any other remedy that SAIL may

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avail at the risk and cost of the contractor in addition to banning of the business dealings as mentioned above.

b) The contractor shall be further liable for all the losses that might be caused to SAIL

on account of any of the Breach of Contract and/or misconduct as stated above. c) The decision of the Chief Executive of the Central Marketing Organisation, Steel

Authority of India Limited, on any issue concerning banning of business will be final and binding on the contractor on all such cases.

d) The expression, the Chief Executive of the Central Marketing Organisation, Steel

Authority of India Limited means the Director (Commercial) or any other person delegated to exercise the authority and the power of the Director (Commercial) due to his absence on duty or due to his non-availability for any other reason whatsoever.

e) Notwithstanding anything contained in clause No.1 of the Special Conditions of

Contract the Company shall reserve its right to terminate/short close the contract summarily in case on inquiry it is found that the contractor has committed misconduct/malpractice in connection with the present contract. In that event, the Company shall reserve its right to suspend business dealings in relation to other contracts also.

f) In case it is found on inquiry that the contractor has committed

malpractice/misconduct, the company shall have the right to suspend business dealings forthwith and as a result the contract shall stand terminated/short closed with immediate effect.

g) Risk & Cost Clause :

In the event of Contractor’s failure / default to perform the contract work, the company shall have the right to appoint alternative agencies, by giving 7 (seven) days notice to perform the contract at the risk and cost of the contractor. In such a case, the contractor shall be responsible to pay for the entire expenditure that may be incurred by the company.

h) Sub Contracting and Transfering:

You shall not sublet or transfer the work awarded to you, to any other agency or company. You shall not assign the contract or any part thereof, to others.

1.15 RESOLUTION OF DISPUTES 1.15.1 In the event of any dispute/difference whatsoever arising between the parties

relating to or arising out of the contract, the parties shall endeavour to resolve such dispute through conciliation as per provisions of the “ Arbitration & Conciliation Act , 1996 “ .

1.15.2 CONCILIATION

“Any dispute or difference whatsoever arising between the parties relating to or arising out of contract, shall be settled first by conciliation in accordance with the provisions

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of “ Arbitration & Conciliation Act , 1996 “ and the settlement so rendered between the parties in pursuance thereof shall be final and binding on the parties.”

1.15.3 ARBITRATION

Any dispute or differences arising out of or relating to the contract during execution or closure of the contract shall be referred to by the parties for the decision by a Sole – Arbitrator to be appointed hereinafter mentioned. The notice regarding invoking the Arbitration Clause of the contract shall be served by Registered Post to the Chief Executive of Central Marketing Organisation , who shall suggest names of 3 (Three) Arbitrators within 30 days from receiving the said letter , out of which the parties invoking arbitration shall choose any one , to act as Sole – Arbitrator within 15 days (Fifteen days ) and shall communicate the same to SAIL – CMO , failing which the decision of the Chief Executive of Central Marketing Organisation shall be final and binding . The provision of the Arbitration and Conciliation Act – 1996 and the rules framed there under shall be applicable for the arbitration proceedings . The venue for Arbitration will be either Bangalore or Kolkatta. The work under the contract shall be continued by the contractor under the contract , during the arbitration proceedings and recourse to Arbitration shall not be a bar to continuance of the work nor shall it give them any right whatsoever to stop their work.

1.15.4 Excepted matter as per the contract shall not be the subject matter of Conciliation /

Arbitration. 1.15.5 The Court at Bangalore shall have jurisdiction over all matter of dispute. 1.15.6 Work / supply under the contract shall be continued by the Contractor / Supplier

under the contract and pending Conciliation / Arbitration proceedings and recourse to Conciliation / Arbitration shall not be bar to continue with the work / supply.

11 DISPUTES, DIFFERENCES CONCERNING PSE'S INTER-SE AND BETWEEN A PSE

AND GOVT. DEPTTS All commercial disputes (except taxation) between Public Sector Enterprises

(PSE) and Govt. Departments, and PSE's inter-se would have to be referred to the Permanent Machinery of Arbitrators as set up in the Department of Public Enterprises in terms of offices Memorandum No: 5/5/93-PMA of Govt. of India, Ministry of Industry, Department of Public Enterprises dated 30th June, 1993.

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4. SPECIAL CONDITIONS OF CONTRACT

1.1 TENURE OF THE CONTRACT: (A) Tenure of the contract shall be upto a period of Three (3) years from the

effective date which will be the date mentioned in the Work Order / Agreement. The Company shall have the right to extend the contract period by 6 months on the same rates, terms and conditions and the contractor shall be bound to carry out the work during the period of extension without any reservation.

(B) The Company shall have the right to terminate the contract at any time during the

currency of the contract (both during initial period and extended period) by serving 30 (thirty) days notice in writing without assigning any reason whatsoever and without payment of any compensation.

( C ) In the event of Contractor’s failure to discharge duties / obligations strictly in the

manner stipulated in the contract, the Company shall have the right to terminate the contract without notice and forfeit the Security Deposit and PG Bond in addition to take recourse for recovery of other losses/ damages , which have not been recovered through forfeiture of Security Deposit.

( D ) The decision of the Company as to the failure of the contractor to discharge his /

their obligations strictly under the contract, shall be final and binding upon the contractor.

1.2 No escalation will be allowed for the entire duration of contract , including

extended period if any. 1.3 Security Deposit: Upon award of work the contractor has to deposit an amount

equivalent to three-month contract value as per the rate finalized in this tender as security Deposit in the form of Demand Draft/Pay order/Banker’s Cheque from any Scheduled Bank (except Co-operative Bank, Gramin Banks and Catholic Syrian Bank Ltd.) drawn in favour of Steel Authority of India Limited payable at BANGALORE. EMD Collected will be adjusted toward this security deposit. The security deposit will be refunded to the contractor on expiry and/or termination of the contract subject to production of a “No claim certificate” to the effect that no other claims by him/on him by the company, Railways etc. are pending for consideration. No interest shall be payable on the security deposit.

1.4 PAYMENT TERMS:

The payment shall be released on monthly basis. The contractor shall submit the bill for the work completed as certified by the concerned Warehouse Manager / designated Executive. The Service Tax and Education Cess, at the rates applicable from time to time, shall be payable by SAIL subject to compliance of under-mentioned conditions by the successful tenderer :-

(i) Every bill of the Contractor shall show the following :-

(a) Service Tax Registration No. (b) Element of Service Tax and Education Cess separately in addition

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(ii) The payment against first bill shall be released on fulfillment of above conditions. However for clearance of subsequent running bills apart from fulfilling the above conditions, the Contractor shall have to submit the proof of deposit of Service Tax to the department in respect of cleared bill of immediate previous month. However, before release of payment of Service Tax of the final bill, the Contractor shall also deposit the Service Tax for final bill and shall submit the proof of payment to SAIL for getting reimbursement.

1.5 The Contractor has to submit the Monthly performance report summarising the work executed during the month, work planned for next month/for future period, material statement duly to the Warehouse Manager / designated Executive of the Warehouse. 1.6 The contractor will be permitted to carry out the work as offered to him on the site

and location mentioned in the work order. The contractor will ensure that sufficient protective measures are taken for the adjoining track, drainage system and other service structures and will ensure the safety of adjoining structure and water ways of bridges and culverts, If any damages are caused to them, the contractor shall make good such damages at his cost, failing which the cost of such damages will be recovered from his bills.

1.7 Material supply: All Permanent way track materials required for the work shall be

arranged by SAIL at the Store situated at warehouse. SAIL is having the option of either purchasing the material or asking the contractor to supply the material. In case the material is supplied by the contractor, the cost of the material including the transportation cost shall be reimbursed on submission of documentary proof with 5% of the basic cost of the materials or actual, whichever is less towards handling and other incidental expenditure. The materials will have to be transported by the contractor to the site of work with contractor’s labour and tools. No wastage is permitted. Immediately after completion, the released materials, balances materials, etc. are to be returned in good condition by the contractor to the depot at his cost with his own labour and tools including all leads and lifts. Material consumption including place of use shall be recorded and got initialized by Warehouse in charge daily.

1.8 The material shall be normally kept at the store of SAIL. The contractor shall render

their help in maintaining the material in proper condition. The contractor shall maintain the records related to the material issued / consumption.

1.9 The rates tendered shall be inclusive of all men, material and machinery required for

carrying of the works specified in the tender documents. 1.10 In the event of the contractor's failure to execute the work under the contract to the

satisfaction of the Company, the company shall put the contractor to notice calling upon him to execute / complete the work strictly in terms of the contract within the time stipulated in the said notice and upon the contractor's failure to comply with the same within the prescribed time despite notice, the company shall be entitled to terminate the contract and / or off-load the work or items of work so defaulted to any other Contractor at Contractor's risk and costs. The Contractor shall immediately pay to the Company the differential, if any, in the costs and expenses so incurred by the Company, within the time prescribed by the Company, failing which, the company shall recover and appropriate from any amount payable to the contractor either under this contract, or any other contract without any reference to the contractor.

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1.11 The contractor shall maintain the maintenance gang with sufficient strength as required for maintenance under the supervision of a PWI. The gang should adhere to the working hours, weekly rest, etc. The key-man patrolling should be done throughout the week. The gang musters along with gang diary and charts should be produced daily to SAIL inspecting officials.

1.12 For emergency works in case of accidents and derailments mobilization of gang man

or for any other purposes invariably a night emergency watchman should be kept at specific place for contact at any time easily. He should be able to move quickly at short notice for this purpose and a cycle may be provided to him. The contractor should leave with the SAIL Inspecting officials, the location and address of his agent to whom communication may be sent.

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5. TECHNICAL DETAILS OF THE WORK

1.1 SCOPE OF WORK:

Scope of work comprises maintenance work of Preventive and Break down maintenance for the entire equated track length as indicated below :

Sl No

Location of SAIL Warehouse

Total Equated Track Length

in Kilo Metre (KM) (approx)

No of spurs inside the warehouse.

1 Channasandra, Bangalore 2.300 Two ( 2 ) The track maintenance shall include the following items : Points & crossings, guard rail, check rail, change over switches, Derailing switch, tongue rails, rails with combination of 52 Kg and 60 Kg, sleepers of cast iron, wooden, steel & pre-cast concrete material, cross-overs, buffer stop end, etc. The scope of work is also inclusive of planned, shut down and the break down Annual Maintenance of Railway Siding & Allied Services including buffer ends, crossings, points etc. The scope of work is also inclusive of changing of rails, level crossings etc. The scope of work is also inclusive of co-ordination with Railway and other Officials during their inspection and obtaining necessary fitness certificate as and when required. SAIL will reimburse only the official charges towards inspection of Railway siding based on necessary documentary evidence. The scope of work is also inclusive of arranging necessary materials for the railway siding maintenance as per the direction of SAIL. In case the material is supplied by the contractor, the cost of the material including the transportation cost shall be reimbursed alongwith with 5% of the basic cost of the materials towards overhead. The scope of work is also inclusive of Deweeding, removal of bushes, shrubs, small trees along and by the side of the tracks both inside and outside the Warehouse premises from the take off point to buffer end(s).

1.2 LIQUIDATED DAMAGES DUE TO NON-PERFORMANCE :

The track should be maintained to the safety tolerances as given in the specifications. In case of any accident due to the poor maintenance of track, or damage to the track/wagon/materials/persons, the contractor has to rectify the defects and set right the damages caused as per the demand of Railways/SAIL. In case of non-performance of such acts, SAIL is having the option to recover, by way of liquidated damages, not as a penalty, from the bills of the contractor an amount equal to the cost of damage or 5% of the total contract value for the period of (3) three years whichever is less.

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1.2 Keyman shall patrol all the days of week except weekly holiday. Gang Muster shall be

mentioned with Gang Diary regularly. Work register shall be maintained daily. Work done shall be recorded and got initialized by Warehouse Executive (WHE) / Warehouse Manager (WHM)

1.3 Execution of all works under this tender shall confirm to the specification and codes

(as amended up to dates) of the following:

a. Indian Railway permanent way Manual 1986. b. S.Railway standard specifications for materials and works 1970. c. S.Railway standard schedule of rates Vol. I& II. d. Indian Railway Track Manual. e. Indian Railway Schedule of dimensions. f. RDSO instructions on drawings, specifications, etc. on track materials and

works. 1.4 Maintenance of Permanent way :

The Contractor shall be responsible for the accuracy of the alignment, cross-levels, longitudinal level and other dimensions and profile in accordance with the track manual. The packing should be carried out in operational sequences as specified in the manual from opening of the ballast section, onwards, as follows:

a) Opening of road - End of sleepers to 450 mm inside of the rail seat or to the extent to enable packing being done conveniently, to a depth of 50mm below packing surfaces.

b) Examination of rails, sleepers and fastenings for their condition and tightness.

c) Squaring of sleepers to the correct spacing marked without lifting of Track.

d) Slewing of track to correct alignment without lifting the track by sighting from a distance of 30 to 60 mts.

e) Gauging to be done for long stretches to uniform gauge within the following maximum permitted tolerance of sleeper-to-sleeper variation +/- 2mm.

f) Packing of sleepers to be done firmly and uniformly to ensure that the rails are at their correct relative levels. No dip is permitted at joint.

g) In case of CST9 sleepers it should be ensured that the pockets or bowls are filled with ballast. No hollow sound should be heard.

h) Boxing of ballast section and tidying is to be done to the specified dimension-using template for the purpose.

i) The contractor is required to do maintenance work with adequate Labour, tools, etc. as per the scales set for the job by the Railways.

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1.5 TRACK TOLERANCE FOR MAINTENANCE The following track tolerances are to be adhered to in maintenance:

Gauge Sleeper to sleeper variation +/- 2mm Expansion Gap

Over average gap worked out by recording 20 successive gaps.

+/- 2mm

Joints Low joints not permitted’ High joints not more than +/- 2mm Gauge Sleeper to sleeper variation +/- 2mm Joints Squareness of joints on straight. +/- 10mm Spacing of Sleepers

With reference to theoretical spacing. +/- 20mm

Cross level To be recorded on every 4th sleeper. +/- 3mm Alignment On straight on 10 m Chord +/- 2mm Alignment On curves of radius more than 600m + 5 mm Alignment On curves of radius more than 600m on 20m chord,

variation over theoretical versiness.

+ 5 mm Alignment On curves of radius less than 600m + 10 mm Alignment On curves of radius less than 600m on 20m chord,

variation over theoretical versiness. + 10 mm

Longitudinal level

Variation in longitudinal level with reference to approved longitudinal sections

+ 50 mm

1.6. Track should be maintained as per specifications given below:-

a) Through packing of track as per the standard laid down in IRWPM and

b) Supplementary instructions issued by Indian Railway, if any.

c) Casual renewals of rails, including all operations involved.

d) For carrying P.way materials from stores to site including all lead, lift, Labour, tools etc.

e) Casual renewals of sleepers including initial packing.

f) Overhauling of track as per instructions laid down in IRWPM and any supplementary instructions issued by Indian Railway.

g) Through packing of points and crossings.

h) Pulling back of rails inclusive of all operations.

i) Lubrication of fishplates and fishing planes of rails and oiling of fish bolts with contractor’s materials.

j) Earthwork for repairing of formation including all leads and lifts.

k) Picking up stacks (as advised by the authority) to the requisite standards of packing,

alignment and gauge as per IRPWM and supplementary instructions issued by Indian Railway, if any.

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l) Cutting & Welding of Rails required for the maintenance is included in the scope of work including consumables like D.A.; Oxygen; Welding Electrodes etc and making arrangement for welding machine, cables, etc.,

1.7 Necessary coordination with Railway and other Officials. Arranging for inspection of the

Railway siding by PWI / Railway at least once in 6 ( six) months or as per requirement whichever is less. Rectifying the defects and obtaining necessary fitness certificate as and when required. SAIL will reimburse only the official charges towards inspection of Railway siding based on necessary documentary evidence.

1.8 The contractor should do all the liaison work with the railways relating to the

maintenance of the railway siding which shall also include getting materials from railways / railway’s authorized suppliers for the repair work.

1.9 It is obligatory on the part of the contractor to get the Tracks inspected as and when

required atleast once in 6 months through the PWI of the concerned Railways or as per requirement whichever is lesser and to get the status report. Necessary rectification work is to be executed and the fitness certificate is to be obtained.

1.10 In case any derailment occurs, it is the responsibility of the contractor to coordinate with the Railways in the process of set righting the tracks.

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TENDER FORM Place …………………. Date …………………. From: …………………………………………. ………………………………………….. ………………………………………….. To : The Warehouse Manager, SAIL Warehouse, Ramamurthy Nagar Main Road, Channasandra, BANGALORE-560 016 SUB : TENDER FOR ANNUAL MAINTENANCE OF RAILWAY SIDING & ALLIED

SERVICES AT SAIL WAREHOUSE BANGALORE. Dear Sir/Madam, In response to your Tender No……………………. dated ……………. in the ……………………………inviting offers for appointment of contractor for Annual Maintenance of Railway Siding & Allied Services at SAIL Warehouses, Bangalore. I / We, a Company / Partnership firm / an Association / Sole Proprietor (in the case of a firm, an Association / or a Joint-venture, please set out here full name of all partners / members) ……………………….. carrying on business at …………………… hereby offer to carry out various operations, at the firm rates quoted in the schedule of operations kept in a separate envelope marked No.2 I/We agree that this offer shall be valid for a period of 90 days from the date of opening of the tender and if the offer is withdrawn / modified / varied before the said date of validity, the Earnest Money furnished by me / us shall stand forfeited. I/We hereby agree to abide and fulfill your "Terms and Conditions" of the contract for Annual Maintenance of Railway Siding & Allied Services at SAIL Warehouse Bangalore which shall be deemed to form an integral part of this offer and I / We herewith enclose original copy of the tender document duly signed on each page, as token of my / or acceptance thereof (except the Price Bid which is kept in a separate envelope). I/We hereby agree further, to notify you at any time whether before or after acceptance of my / our tender, any change in the constitution of my / our firm / company either by the death, exclusion or retirement of any partner or member or by the admission of a new Partner or member. (This clause shall apply where the tenderer is a firm / company). I/We enclose a demand draft/pay order bearing No……………… dated ……… drawn on ………………Bank for Rs. ______/-(Rupees ____ thousand only) in favour of Steel Authority of India Limited, being the Earnest Money Deposit and payable at Bangalore. I / We note that no interest shall accrue on the Earnest Money Deposit. EMD without interest shall be refunded to the unsuccessful tenderer(s). But it will be retained by you towards the Security Deposit in the case of successful tenderer for the due fulfillment of the contract.

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I / We also note that acceptance of this tender as will be communicated by your Letter of Intent shall constitute a valid and binding contract between us. I/We have signed and stamped each page of the Tender (both Part I & II) in token of our acceptance the terms and conditions.

Thanking you, Yours faithfully,

(Name & Signature of the Tenderer) Date :

Seal of Tenderer Encl :

a) Covering letter b) Earnest Money c) Cost of Tender Documents ( for downloaded Tender Documents only) d) Signed copy of the tender document e) Price Bid in a separate cover f) Documents related to the type of Firm – Proprietorship/Partnership/Ltd. Co g) Documents to establish the turn over as indicated in the Qualifying Criterion h) Documents to establish the previous work experience as indicated in the Qualifying

Criterion

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PRICE BID / SCHEDULE OF OPERATION – I

ANNUAL MAINTENANCE OF RAILWAY SIDING

AT SAIL WAREHOUSE, CHANNASANDRA, BANGALORE

Sl. No

Description of work Rate (Rs./ per Month)

1 Maintenance work of Preventive, shut down and Break down maintenance for the entire length of track of 2.3 KM starting from taking over point outside the warehouse and terminating in 2 spurs inside the Ware house , as detailed in the Technical details of the work with the following items :

Points & crossings, guard rail, check rail, change over switches, Derailing switch, tongue rails, rails with combination of 52 Kg and 60 Kg, sleepers of cast iron, wooden, steel & pre-cast concrete material, cross-overs, buffer stop end, etc.

Emergency repairs in case of accidents, track protection works, daily track patrolling by key men and other maintenance etc., complete with labour, qualified P.way supervisors, tools, tackles, plants including consumables D.A. and Oxygen etc. as detailed in the relevant clauses of tender document and required for the fitness of siding.

Co-ordination with Railway and other Officials during their inspection and obtaining necessary fitness certificate as and when required. SAIL will reimburse only the official charges towards inspection of Railway siding based on necessary documentary evidence.

De-weeding, removal of bushes, shrubs, small trees, cleaning of track as per scope of work.

The quoted rate shall be excluding P.way materials, which will be either supplied free of cost by SAIL at or the contractor shall be asked to arrange the materials as per the direction of SAIL.

In case the material is supplied by the contractor, the cost of the material including the transportation cost shall be reimbursed alongwith with 5% of the basic cost of the materials towards overhead.

Contractor’s Signature with Seal

Notes : - • The scope of work indicated in the Schedule of Quantity / Price Bid is indicative only. The scope

work includes the detailed work specified in the tender document and to keep the siding in proper fitness.

• Only one consolidated rate to be quoted excluding Service Tax and Education Cess covering all major operations.

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