East Central Railway s1

EAST CENTRAL RAILWAY ELECTRICAL DEPARTMENT/SONPUR DIVISION TENDER DOCUMENT

Name of work : At Hajipur – Electrical work in connection with replacement of Cassette AC 4.1 Ton in GM Chamber, E.C. Railway, Hajipur.

TENDER NO. L/Open/2015-16/02 dt. 18.05.2015.

Money Receipt No./D.D.No. Dated:-

Name of Firm:- .

Cost of Tender Forms -Rs. 2,000.00

Copy No.

Issued by- Sr.DEE/ECR/SEE - 2 -

EAST CENTRAL RAILWAY ELECTRICAL DEPARTMENT/SONPUR DIVISION TENDER NO. L/Open/2015-16/02 dt. 18.05.2015

Eligibility criteria :- The minimum eligibility criteria for the tenderer shall be as follows:-

a) The contractor must be done similar nature of work in government sector

b) The contractor should have Valid electrical contractor’s license from any state/central government licensing board

Note:- a) credentials from private individuals/Firms shall not be accepted.

Name of work : At Hajipur – Electrical work in connection with replacement of Cassette AC 4.1 Ton in GM Chamber, E.C. Railway, Hajipur. Approx Cost Rs : 6,28,276/-

Cost of Tender Paper Rs.:2,000/- Earnest money(Rs): 12,600/- Completion period(Days): 03 months (1) Date, Place and time of receiving & opening of tender- The tender papers complete in all respect will be received up to 12 hours on 21.07.2015 and will be opened on the same date at12:30hrs in the office of Sr DEE/DRM Office/East Central Railway/Sonpur. If this date happens to be holiday, it will be received and opened next day at the same time and place. (2) Date, Time and Place of selling of tender paper: On any working day from 01.06.2015 (From 10.00 hrs to 15.00 hrs.) upto 20.07.2015 at the office of Sr DEE/DRM Office/East Central Railway/Sonpur on production of either money receipt issued by chief cashier/Chief Booking supervisor, Sonpur or DD in F/O FA & CAO/ECR, Hajipur. The railway reserves the right to cancel or modify the tender as a whole or partly without assigning any reason whatsoever may be. The tender notice is also available at the Railway Board’s website http://www.ecr.indianrail.gov.in. and also on website http://www.tenders.gov.in. The tender document may be down loaded from the website( During the above mentioned period)and in that case the cost of tender paper should be attached with the tender document in form of demand draft in F/o FA&CAO/ECR/Hajipur.The tender document downloaded from the website will be summarily rejected without demand draft for the cost of document. The railway reserves the right to cancel or modify the tender as a whole or partly without assigning any reason whatsoever may be.

Sr.DEE/ECR/SEE - 4 -

PREAMBLE TENDER NO. L/Open/2015-16/02 dt. 18.05.2015

1. SCOPE Name of work At Hajipur – Electrical work in connection with replacement of Cassette AC 4.1 Ton in GM Chamber, E.C. Railway, Hajipur.

2. EARNEST MONEY : The Tenderer shall deposit with in favour of Financial Advisor and Chief Accounts Officer/East Central Railway/Hajipur (or his successor whose address will intimated subsequently A sum of Rs. 12,600/- as Earnest Money in the manner prescribed in para 1.3.

3. SECURITY DEPOSIT The successful tenderer shall furnish security deposit for due fulfillment of the contract in favour of FA & CAO/ECR/Hajipur or his successor ( whose address will be intimated in due course).The security money will be calculated at the rate of 5% of the contract value. The security money will be deducted at the rate of 10% from the running bill till it reaches 5% of the contract value.

4 Period of completion- All works relating to supply and erection as per schedule of work shall be completed within a period of 03 months from the date of issue of letter of intent/letter of acceptance of tender whichever is earlier.

5. TENDER PAPER Tender paper can be obtained from the office of Sr DEE/DRM Office/East Central Railway/Sonpur on production of deposit receipt/DD of Rs.2,000/- as prescribed in tender notice.

6. LAST DATE FOR SUBMISSION OF TENDERS The tenders shall be submitted in a sealed tender box located in “Staff welfare Bureau building” in the campus of DRM office Building/ECR/Sonpur not later than 12 hours (Indian Standard Time) on 21/07/15 .In case the day happens to be a holiday or unusual occurrence the tender will be submitted on the following day at the same time and same venue.

7. DATE OF OPENING OF TENDERS The Tenders will be opened at 12:30 hours (IST) on 21/07/15 in the office of the Sr DEE/DRM Office/East Central Railway/Sonpur. In case the day happens to be a holiday or unusual occurrence the tender will be opened on the following day at the same time and same venue. - 5 - 8. Performance Guarantee: (a) The successful bidder shall submit a Performance Guarantee(PG) in the form of an irrevocable bank guarantee amounting to 5% of the contract value.

(b) A Performance Guarantee shall be submitted by the successful bidder after the letter of acceptance has been issued but before signing of the agreement .The agreement should normally be signed within 15 days after the issue of LOA and Performance Guarantee shall also be submitted within this time limit. This Guarantee should be initially valid up to the stipulated date of completion plus 60 days beyond that. In case the time of completion of work gets extended the contractor should get the validity of Performance Guarantee extended to cover such extended time for completion of work plus 60 days.

(c ) The Performance Guarantee (PG) shall be released after the physical completion of work based on the completion certificate issued by the competent authority signing that the contractor has completed the work in all respects satisfactorily . The security deposit however , shall be released only after the expiry of the maintenance period and after passing the final bill based ‘NO Claim Certificate’.

(d ) Wherever the contractor is rescinded the security deposit shall be forfitted and the Performance Guarantee shall be encased and the balance work shall be got done independently without risk and cost of the failed contractor . The failed contractor shall be debarred from participating the tender for executing the balance work. If the contractor is a JV or a partnership firm then partner of such a firm shall be debarred participating in the tender for the balance work there in his/her individual capacity or as a partner of the other JV / partnership firm.

(e) 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 from withstanding and/or without prejudice to any other provisions in the contract agreement in the even 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 the clause / conditions of the agreement , within 30 days of the service of notice to this effect by Engineer.

iii) The contractor 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.

CHAPTER – 1

INSTRUCTIONS TO TENDERERS AND CONDITIONS OF TENDERING:

1.1 GENERAL a) All documents to be submitted in connection with this Tender shall be written in English and in Ink. b) All prices shall also be expressed in words wherever indicated. In case of any variation of rates quoted in figures and in words, the lower of the rates quoted shall be taken as correct. 1.2 CLARIFICATIONS Any clarification required by the Tenderer may be obtained from the Sr.Divisional Electrical Engineer, E.C.Rly./Sonpur.

1.3 EARNEST MONEY The Tenderer shall deposit in favour of the Financial Advisor & Chief Accounts Officer/E.C.Rly, Hajipur or his successor/ nominee (whose address will be intimated in due course) a sum of Rs.12,600/- as Earnest Money. a) Tenderer shall hold the offer open for a periods of 03 months from the date fixed for opening the same, it being understood that the tender documents have been sold/ issued to the tenderer and the tenderer has been permitted to tender in consideration of the stipulations on his part that after submitting his tender, he will not resale from the offer or modify the terms and conditions thereof in any manner not acceptable to the Sr.Divl. Electrical Engineer, E.C.Rly,Sonpur. or his successor/ nominee (whose address will be intimated in due course) in the courtesy should the Tenderer fail to observe or comply with the foregoing stipulation the entire Earnest Money should be liable to the forfeited by the Railway.

b) The receipt shall be incorporated in the original copy of the tender. The earnest money should be in cash or in any of the following forms –

(i) Deposit receipts, pay orders and demand drafts. These forms of earnest money could be either of the State Bank of India or any of the Nationalized Banks. No confirmatory advice from the Reserve Bank of India will be necessary. (ii) Deposits executed by the Scheduled Banks (Other than the State Bank of India and the Nationalized Banks) as defined in RBI Act, 1934

NOTE – In case the earnest money is deposited in cash the payment should be made to the Divisional Cashier E.C.Rly.(as mentioned in the tender notice) and cash receipts obtained from his should be furnished along with Tender bid. (c) No interest will be paid on the Earnest Money. It will be refunded in full to the unsuccessful Tenderer on application. In the case of successful Tenderers the deposit will be retained as part of payment of Security Deposit, or will be returned on payment of the full security deposit for due fulfillment of the contract. - 7 - (d) The total Earnest money shall be forfeited without prejudice to other rights and remedies available if the contractor fails to execute the agreement or start the work within a reasonable time (to be determined by the Sr.DEE/ECR/Sonpur after notification of the acceptance of his / their tender.

(e) No cheque as well as guarantee bond will be accepted from tenderer towards earnest money even if it is guaranteed by the bank. If tenderer submits cheque towards the earnest money, his offer will be treated as without earnest money and will be summarily rejected.

(f) Tender without earnest money. Tenders unaccompanied by full earnest money in requisite form will under no circumstances be entertained and will be summarily rejected without further reference to the tenders. No reference to previous deposit of earnest money and security for adjustment against the present tender will be accepted neither any request for recovery from any outstanding bills for earnest money against present tender will be entertained. 1.4 SIGNING OF TENDERERS a. Any individual or individuals signing the Tender or other documents connected therewith should specify whether he is signing –  As a sole proprietor of the concern or his Attorney, or  As a Partner of Partners of the firm, or  For the firm per procreation, or  As a Director, Manager or Secretary in the case of a Limited Company. b. In the case of firm not registered under the Indian partnership Act. All the partners or the attorney duly authorized by all of them should sign the Tender and all other connected documents. A copy of the document empowering the individual or individuals to sign should also be sent with the Tender in any case, the tenderer should disclose his constitution fully and copies of all necessary legal documents in support thereof should be submitted with the Tender, and originals there of should be produced as and when called for. c. Should the Contractor be a partnership firm and in the event of the contract becoming inoperable due to the death of its partner, the purchaser shall have the right to enter into a separate Agreement with the surviving Partner or partners of the firm to continue the execution of the work under the terms and conditions of this Agreement 1.5 TENDERER’S ADDRESS: Every Tenderer shall state in the Tender his postal address fully and clearly. Any communication sent to the Tenderer by Post at his address shall be deemed to have reached the Tenderer duly and in the time notwithstanding the fact that the communication did not reach the Tenderer at all or in time for wherever reason Important document shall be sent by Registered Post. - 8 -

1.6 ERASURE OR ALTERATION: No erasure or alteration in the text of the Tender Papers is permitted and any such ensure and / or alteration will either be disregarded or render the tender void at the option of the purchaser. Any correction made in rate for work shall be installed by the Tenderer in ink and dated. 1.7 RESULT OF TENDER: The successful as well as unsuccessful Tenderer will be advised by letter. No Tender shall be deemed to have been accepted unless such acceptance has been notified in writing to the successful Tenderer by the Purchaser. 1.8 PURCHASER NOT BOUND TO ACCEPT ANY TENDER: The Purchaser shall not be bound to accept the lowest or any tender or to assign any reason for non-acceptance or rejection of a Tender. The Purchaser reserves the right to accept any Tender in respect of the whole or any portion of the work specified in the Tender papers or to sub divide the work among different Tenderer or to reduce the work or to accept any Tender for less than tendered quantities without assigning any reason what so- ever. 1.9 TENDER AN AGREEMENT: The fact for the submission to the Purchaser of a Tender shall be deemed to constitute an Agreement between the Tenderer and the purchaser hereby such Tender shall remain open for acceptance either in part or in full, or as may be modified by negotiation, by the purchaser for a period of four months from the date on which tenders are opened, during which period the Tenderer shall not withdraw his offer nor amend, impair or derogate there from. The Earnest Money deposited in accordance with Para 1.3 above shall be forfeited if the tenderer unilaterally withdraws, amends, impairs or derogate from the tender in any respect within the said period of four months. The Tenderer shall be deemed to have agreed as aforesaid in consideration of his Tender being considered by the Purchaser in terms here of provided the same has been duly submitted and is otherwise in order. When the successful Tenderer is notified in writing at his address given in the Tender within the said period of four months that his Tender has been accepted by the Purchaser either in whole or in part, he shall be bound by the terms and conditions of agreement constituted by Purchaser until a formal contract has been executed between him and the Purchaser in replacement of such Agreement. 1.10 TENDERER’S CONFIDENTIAL The Tenderer (whether his tender be accepted or not) shall treat the contents of his tender as private and confidential. He shall treat the prices quoted by him as strictly confidential till the Tenders are opened TENDERER’S CREDENTIALS (i) The post experience regarding such type of work as well as credentials are to be submitted along with tender (form-1).

(ii) Tenderers are also required to submit along with the tender, the following particulars as proof of their capacities to undertake the work. - 9 - a. Position as an independent contractor. b. Ability to supervise work personally or by a competent and duly authorized representative. c. Capacity to under take works satisfactory as voucher for a responsible official firms. d. Previous experience to work similar to that to be contractor’s for, in proof of which original certificate and testimonials should be furnished. e. Particulars of similar contracts handed by the contractor previously with amount in each case

1.12 VALIDITY OF TENDER: The tenderer shall keep the offer open for a minimum period of 90 days from the date of opening of the tender within which period the tenderer cannot modify or withdraw his tender.

1.13 SUBMISSION OF TENDER: The tender should be submitted enclosed in a sealed cover super scribed “Tender for (Name of work) and addressed to the Sr.Divl.Electrical Engineer,E.C. Railway,Sonpur and dropped in the tender box located in (i) in the chamber of Dy.CEE(G),ECR/HJP & (ii) “Staff welfare Bureau building” in the campus of DRM office Building/ECR/Sonpur or his successor/ nominee (whose address will be intimated in due course) not later than the date, and time prescribed in the preamble to the Tender paper.

1.14 OPENING OF TENDER:Tender will be opened in the office of the Sr.Divl.Electrical Engineer,E.C. Railway,Sonpur in the presence of such of the Tenderers or their repre esentative as may be present at the prescribed time and date specified in the preamble to the Tender Paper. 1.15 MISCELLANEOUS Tender documents are not transferable. The cost of the Tender papers is not refundable. 1.16 SALES TAX CLEARENCE CERTIFICATE : The tenderer shall enclose with the tender a Xerox copy of the Sales tax Clearance Certificate issued from Govt. Authority. 1.17 ELECTRICAL CONTRACTOR LICENSE: The tenderer shall enclose with the tender a Xerox copy of the valid Electrical Contractor License. Failing which the offer will be summarily rejected without further reference to tenderer.

1.18 LABOUR LICENSE: The tenderer should ensure that he is aware or duly conversant with all the provisions of the contract labour regulations and abolition. In case the same are applicable to him he shall furnish along with the tender a certified true copy of the license issued by the Govt. authority and shall abide by the provis

CHAPTER –2 - 10 - 2.1 SCOPE: This chapter deals with the conditions of contract under which the various works coming under the preview or this contract are to be executed by the contractor.

2.2 CONDITION OF CONTRACT: If the tender submitted by a tenderer is accepted and the contract awarded to the tenderer, the various works coming under the purview of the contract shall be governed by the Terms and Conditions included in the tender 2.2.1 RAILWAY PASS: No Railway Pass for the conveyance of the contractor or his Agents or his Labour and /or store will be granted.

2.2.2 LAWS OF INDIA: This contract shall be governed by the laws for the time being in force in the Republic of India.

2.2.3 FORCE MAJOURE: If, at any time, during the continuance of this contact the performance, in whole or in part by either party, of any obligations under this contract shall be prevented or delayed by reason of any war, hostility, acts of the public enemy, civil commotion. Sabotage, fires floods, earthquakes, explosions, epidemics quarantine restrictions, strikes, lockout, any status. Statutory Rules, regulations orders or requisitions, issued by any Government Department or competent authority or acts of God thereinafter referred to an event than provided notice of the happening of any such event is given by either party to the other within twenty one days form the date of occurrence thereof neither party shall be reason of such event be entitled to terminate this contract not shall either party have any claim for damages against the other in respect of such non-performance or delay in performance and the obligation under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist. PROVIDED FURTHER that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event beyond a period as mutually agreed to by the purchaser and the contractor after any event of 60 days in the absence of such an agreement whichever is more, either party may at its option terminate the contract provided also that if the contract is so terminated under this clause, the purchaser will at the time of such termination take over form the contractor, at prices as provided for in the contract, all erected equipment or equipments under erection as also all or any portion of unused, undamaged and acceptable equipments, whether in storage or in the course of manufacture, at schedule rates or at prices mutually agreed to, where schedule rates are to available.

2.2.4 DETERMINATION OF CONTRACT: - 11 - Notwithstanding the provisions under para 2.2.3 the purchaser may at any time by a notice in writing, summarily determine the contract without liability to pay any compensation to the contractor in respect thereof in any of the following events.

i) INSOLVENCY : If the contractor being on individual, or if a firm, any partner in the contractor’s firm, shall at any time be adjudged insolvent or shall have a receiving order or orders for administration of his estate made against him or shall take any proceedings or liquidations or compensation under any law relating to insolvency for the time being in force or make any conveyance or assignment of his assets or enter into any arrangement of composition with his creditors or suspend payment, or if the firm be dissolved under the partnership Act. OR ii) LIQUIDATION : If the contractor being a company shall pass a resolution or the court shall make an order for the liquidation of its affairs or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall have arisen which entitled the court or debenture holders to appoint a receiver or manager. OR iii) BREACH OF CONTRACT: If the contractor commits any breach of this contract not herein specifically provided for, provided always that such determination shall not prejudice any right of action of remedy which shall have occurred or shall accrue thereafter to the purchaser any extra expenditure which the purchaser is thereby put to, but shall not be entitled to any gain on re-purchase. In the event of such determination, without prejudice to the other rights and remedies of the purchaser including the rights of the forfeit in the security. Deposit, the purchaser shall be entitled to have the work of remainder thereof performed executed and or carried out by any other agency at the cost and the risk of the contractor and hold the contracts liable for reimbursement in the event of any loss on this account. (iv) If, at any time after the submission of the Tender, the Tenderer/ Contractor being a partnership firm admits as one of his partners or employees under it, or being an incorporated company, elects or nominates or allows to act as one of its directors or employees under it is any capacity whatsoever any retired engineer of the Gazetted rank or any other retired Gazetted officer working before his retirement, whether in the executive or administrative capacity, whether holding any pensionable post or not in any department of any of the Railways for the time being owned and Administered by the President of India, before the expiry of tow years form the date of retirement form the permission form the President of India or any Officer duly authorized by him in this behalf to become a partner or a Director or to take employment under the contractor, as the case may be, or - 12 - v) If the contractor fails to give at the time of submitting the said tender.

a) The correct information as to the date of retirement of such retired engineer or retired office form the said service or as to whether any such retired Engineer or retired Officer was under the employment of the contractor at the time of submission the said tender, or b) The correct information as to such engineers or officers obtaining permission to take employment under the contractor, or c) Being a partnership firm, the correct information as to whether any of the partners was such a retired Engineer or a retired officer, or d) Being an incorporated company, correct information as to whether, any of the Directors was such a retired engineer or retired officer, or vi) (a) If the contractor having such a retired engineer or retired officer suppress and not discloses at the time of submitting the said Tender the fact of his being such retired engineer or retired officer, or makes at the time of submitting the said Tender wrong statement in relation to his obtaining permission to take the contract or if the contractor be a partnership firm or an incorporated company, to be a partner or Director of such firm or company as the case may be to seek employment under the contract. (b) Exceptions : Termination of contract will not arise in case of voluntary liquidation means for amalgamation or re-organization, provided the Railway formed company takes over the full responsibilities and liabilities of the liquidated firm and it is acceptable to the purchaser. 2.2.5 AGREEMENT The successful Tenderer shall, within 21 days on receipt of letter of Acceptance, be bound to executive and agreement based on accepted rates and conditions, in such forms as the purchaser may prescribe.

2.2.6 SECURITY DEPOSIT: The successful tenderer shall furnish security deposit for due fulfillment of the contract in favour of FA & CAO,ECR,Hajipur or his successor ( whose address will be intimated in due course).The security money will be calculated at the rate of 5% of the contract value. The security money will be deducted at the rate of 10% from the running bill till it reaches 5% of the contract value.

2.2.7 QUALITY ASSURANCE PROGRAMME IN SUPPLY AND ERECTION : (a) All materials used in the work shall be of the best quality and of the class most suited for the purpose specified and procured from the sources approved by Research, Design & Standard organization/ Central Organization for Railway Electrification, Allahabad. (b) All erection work carried out shall also be of the best quality acceptable to the purchaser. - 13 - (c) Any material supplied by the contractor if found not of approved make or not conforming to relevant drawing/specification shall be rejected either at the time of supply or erection and the decision of Sr.DEE/ECR/SEE shall be final over, if the material has been declared passed during inspection.

2.2.8 SAFETY MEASURES : (a) The contractor shall take all precautionary measures in order to ensure the protection of his own personnel moving about or working on the Railway premises, but shall then conform to the rules and regulations of the Railway. (b) The contractor shall abide by the railway regulation inform for the time being and ensure that the same are followed by his men. (c) The works must be carried out most carefully without any infringement of the Indian Railway Act or the General and Subsidiary Rules in force on the Railway in such a way that they do not hinder Railway operation of affect the proper functioning or damage any railway equipment’s structure or rolling stock except as agreed to by the Purchaser provided that all damage and disfiguration caused by the Contractor to any Railway property must be made good by the Contractor at his own cost failing which cost of such repairs shall be recovered from the Contractor. (d) The Contractor shall be responsible for safe custody of all equipment’s till provisional acceptance.

2.2.9 DEFAULT AND DELAY : The Contractor shall execute the work with due diligence and expedition keeping to the approved time schedule. Should he refuse or neglect to comply with any responsible orders given to him in writing by the Purchaser’s Engineer in connection with the work or contravene the provision of the Contract of the progress of work lags persistently behind the time schedule due to his neglect the Purchaser shall be at liberty to give seven days notice in writing to contractor requiring him to make good the neglect or contravention complained of and should the Contractor fail to comply with the requisitions made in the notice within seven days from the receipt thereof, it shall be lawful for the Purchaser to take the work wholly or in part out of the contractor’s hands without any further reference and get the work or any part thereof, as the case may be completed by other agencies at the expense of the contractor without prejudice to any other right or remedy of the Purchaser.

2.2.10 LOSS SUSTAINED DUE TO DEFAULT AND DELAY: a) In the event of any loss to the Purchaser on account of execution and / or completion of the work or any part thereof by agencies other than the contractor, in terms of para 1.2.29, the Contractor shall be liable to reimburse the loss to the Purchaser without prejudice to the other rights and remedies of the Purchaser and the reimbursement in full or in part as the case may be shall be met at the option of the purchaser from out of all or any of the following sources, viz: i. Any amount due and payable to the contractor by the Purchaser on any account whatsoever; - 14 - ii. The Contractor’s Security deposit in the hands of the Purchaser as far as available; and iii. Any other assets whatsoever of the Contractor b) In the event of reimbursement from out of sources. i) and/or (ii) above-mentioned the Purchaser shall have the right of appropriation suo-moto.

2.2.11 CORRECTNESS OF WORK AND MATERIALS: a) The contractor shall be solely responsible for the correctness of the positions, levels and dimensions of the works according to approved drawings, notwithstanding that he may have been assisted by the Purchaser or his men in setting out the same. b) If any dimension figured upon a drawing differs from that obtained by scaling the drawing, the figured dimension should be normally taken as correct unless it is prima facie mistake. But all such cases shall be brought to the notice of the Purchaser’s Engineers and the discrepancy set right before execution. 2.2.12 CUSTODY OF STORES: (a) The contractor shall during the progress of work, be entirely responsible for the custody of stores and equipments until provisionally accepted and taken over by the purchaser. (b) The contractor shall indemnify to the purchaser against all risk and claim arising out of any loss, damage and deterioration what so ever in respect of said materials while in the possession of the contractor and until provisionally accepted and taken over by the purchaser and also against disposal of the purchaser on indemnity bond in the prescribed form without which no account payment shall be made to the contractor.

2.2.13 COMPETENT SUPERVISORS: a) The erection of all equipment according to the specifications will be done by the Contractor at his cost. For this purpose the Contractor shall employ competent representatives to supervise the erections of the equipment and the carrying out of the works at all stages. The said representatives shall be present at site during working hours and any written orders of instructions which the Purchaser’s Engineers may give to the said representatives of the Contractor shall be deemed to have been duly given or communicated to the Contractor.

c) The contractor or his representative will accompany the Purchaser’s Engineers on inspection in proceed to their offices whenever called upon to do so.

2.2.14 TOOLS AND TACKLES : The contractor shall arrange tools, tackles, etc. required for execution of the works at his own cost. Railway shall not supply the same. - 15 -

2.2.15 RECOVERY FOR DELAY IN COMPLETION: If the contractor fails to execute and complete the works within the time specified in the agreement or within the period of extension granted except in so far as delay is on purchaser’s account the contractor shall accept the reduction in total amount payable to him by the purchaser at the rate of Rs.50/- per day for actual delay occasioned beyond the appointed time by which the work shall have been completed under the contract, such reduction shall be accepted by the purchaser in full satisfaction of the contractor’s liability arising form delay only. This recovery for delay in completion will be applicable separately for the each item of work.

2.2.16 ACCIDENT : The contractor shall be fully responsible for any accident during the work. Purchaser will not be responsible at any time.

2.2.17 PROVISIONAL ACCEPTANCE : (a)Immediately after completion of works, the contractor shall certify and advise the purchaser in writing that the work is complete and is ready to be handed over, he will also place at the disposal of the Purchaser the required staff for checking it. (b)The tests as stipulated in Chapter which would be carried out subsequently in connection with the taking over by the Purchaser of the equipment and installation shall be carried out jointly by the purchaser and the Contractor . (c)After inspection and satisfactory conclusion of tests and when the purchaser is satisfied with the satisfactory working of the installations, he will issue a “Provisional Acceptance Certificate” which would be signed by both the parties. The provisional Acceptance Certificate will not be withheld for any minor defects.

2.2.18 DEFECTIVE EQUIPMENTS TO BE CHANGED: Notwithstanding the issue of a provisional Acceptance Certificate and partial or full use of any equipment, if the completed equipment of any portion thereof before it is finally taken over at the end of the guarantee period be bound to be or to have become defective in course of usage by the Railway due to faulty material, design or workmanship or otherwise fails to fulfill the requirement of the Contract and/ or its purpose, the purchaser shall normally give the contractor prompt notice setting forth the particulars of each good or failure and the contractor shall forthwith make the defects good or modify or replace the equipment as may be directed by the purchaser Engineer at his own cost in all respects to make it comply satisfactorily with the said equipment. 2.2.19 GUARANTEE: (a) The contractor shall guarantee satisfactory working of the installations erected by him, for a period of twelve months form the date of commercial operation or form the date of provisional Acceptance of each section by the purchaser, whichever is earlier. - 16 - (b) During the period of guarantee the contractor shall be liable for the replacement at site or any parts which may be found defective in the equipment whether such equipment be of his own manufacture or those of his sub-contractors, whether arising from faulty design, materials, workmanship or negligence in any manner on the

(c) part of the contractor provided always that such defective parts as are not reasonable at the promptly returned to the contractor if so required by his at his (Contractor’s) own expenses. (d) The repaired or renewed parts shall be delivered and erected on site free of charge to the purchaser.

2.2.20 VARIATION BEYOND +25% OVER AGREEMENTAL VALUE & ITS PAYMENT In reference of Rly.board letter No.2007/CE-I/CT/18 Pt.XII dt.31.12.2010.  Railways reserve the right to vary the quantities of works in excess of or less than the agreemental quantity.  Individual NS items in contracts shall be operated with variation of plus or minus % and payment would be made as per the agreement rate. For this, no finance concurrence would be required.  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 upto 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 upto 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; (iii) Variation in quantities of individual items beyond 150% of will be prohibited and would be permitted only in exceptional unavoidable circumstances with the concurrence of associate 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.  Execution of quantities beyond 150% of the overall agree mental 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 and approval of General Manager. (iv) In cases where decrease is involved during execution of contract: (a) The contract signing authority can decrease the items up to 25% of individual item without finance concurrence. - 17 - (b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of an officer not less than 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 work proposed to be reduced will not be required in the same work. v. 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 ass an item whose original agreement value is less than 1% of the total original agreement value. vi. No such quantity variation limit shall apply for foundation items. vii. 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). viii. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by the authority in whose powers revised value of the agreement lies. ix. For tenders accepted by General Manager, variations upto 125% of the original agreement value may be accepted by General Manager. x. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the original agreement value may be accepted by General Manager. xi. The aspect of vitiation of tender with respect to variation in quantities should be checked and avoided. In case of 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

2.2.21 FINAL ACCEPTANCE: The final acceptance of the entire equipment installed in the section shall take effect from the date of expiry of the period of guarantee as defined in Para-2.2.19.

2.2.22 PAYMENT: Price and Payments shall be governed by the terms specified in Part-I Chapter-3 and in accordance with accepted schedule of prices. The purchaser retains the right to withhold money due to the contractor arising out of this contract for any default of the contractor form other contracts, which the contractor may have with the Government of India. It has been decided by Board to include following terms and conditions in the tender and / or purchase orders for release of payment through ECS/EFT

Sl no Item Condition 1 Tender (i)Tenderer to give consent in a mandate form for receipt of payment through ECS/EFT. (ii)Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same.These details will include Bank name,Branch name & Address,Account type,Bank A/c No and Bank & Branch Code as appearing on MICR cheque issued by Bank.

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(iii)Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information (as mentioned in para (ii) above (iv)In case of non payment through ECS/EFT or where ECS/EFT facility is not available,payment will be released through cheque.

Purchase The purchase order should contain the following details:- Order (a)Account no (Type) (b)Bank name & Code ©Branch Name & Address. (d)Whether payment is through ECS/EFT.or cheque. This issues with the concurrence of Directorate of Finance of Ministry OF Railways. FORM No E-4 ELECTRONIC CLEARING SERVICRE (CREDIT CLEARING) Appendix-VII Model letter from a user to a prospective Destination Account Holder Dear Customer/Investor, A new method of payment had been introduced by Reserve Bank of India which provides you an option to collect your monthly /quarterly/half-yearly/yearly interest/dividend/salary/pension directly through your Bank Accounts.Your Bank account would be credited through the new payment mechanism right on the due date.No payment instrument would be issued as at present.Payment instruction would be issued by us electronically through our Banker to the clearing authority.and the clearing authority would supply credit reports to the Bank with which you maintain the specified account.The branch will credit your account and indicate the credit Entry as ‘ECS ’in your passbook/statement of account.We would be issueing an advice to you directly after the transaction is affected. (2)Individual transaction without any monetary ceiling would be covered under the scheme.If you maintain more than one bank accounts,payment can be received at any of these accounts.You do not have to open any new Bank accounts for the purpose.

(3) This would be only an additional mode of payment and would be optional.You would have the right to withdraw from this mode of payment by giving an advance notice of 6 weeks. Your complaint, if any, ( the scope of which is very limited) would be immediately dealt with and we assure you to give a reply within 15 days. (4) If you are agreeable to participate in the new payment mechanism, you are requested to fill in the mandate Form attached herewith. The information to be supplied should accurate and complete in all respects and duly certified by your bank. ( ) Contractor Signature Address - 19 - FORM NO. E-5 Appendix - - VIII

Electronic Clearing Service( Credit Clearing) Model Mandate Form

( Investor/Customer’s option to receive payments through Credit Clearing Mechanism)

Name of the Scheme and the Periodicity of Payment

1. Investor/Customer’s name :-

2. Particulars of Bank accounts

1. Name of Bank:- 2. Name of the Branch:-

Address :-

Telephone No. :- ( c ) 09Digit code number of the bank and branch appearing on the MICR cheque issued by the bank :- ( d )Type of the account ( S.B. , Current or cash Credit ) With code ( 10/11/13) (e ) Ledger and Ledger folio number :-

(f ) Account number ( as appearing on the cheque book)

( In lieu of the bank certificate to be obtained as under, please attach a blank cancelled cheque or photocopy of a cheque or front page of your saving bank passbook issued by your bank for verification of the above particulars) 3 Date of effect: 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,I would not hold the user institution responsible.I have read the option invitation letter and agree to discharge the responsibility expected of me as a participant under the scheme.

Si gnature of the Contractor.

Date:- - 20 -

Certified that the particulars furnished above are correct as per our records. Bank’s Stamp

Date:- Signature of the authorized official of the Bank Electronic Clearing Services ( Credit Clearing Mandate by the Sponsor Bank

Our Bank has to act as the sponsor Bank for M/s………………………………..(User no.) and authorizes Reserve Bank of India/Clearing Agency, ………………………………..to debit our account maintained at Deposit Account Department for the total value of CREDIT CONTRA of Rs ………………….. (Rs…………………………………………..)as given in the CREDIT CONTRA record of the input files which are being forwarded herewith.The user had already carried out a preliminary validation check.The upper limit for individual credit item is Rs ………………….(Rs……………………………………..)We are fully aware of our role and responsibility in the ECSoperation as stipulated in the guidelines and also ensure that adequate balance would be available in the RBI’s account for the settlement.The settlement date(…./……/…..) indicated by the user in the Input File may be amended by NCC as per their convenience and our confirmation thereon.

( Authorised Signatory of theSponsor Bank) Place:-

Date:- Name…………………….. Designat ion……………….. Telephone no-………………

2.2.23 REFUND OF SECURITY DEPOSIT: (a) After issue of the certificate of Final Acceptance as defined in Para-2.2.21 and provided all the dues payable by the contractor to the purchaser have been duly paid otherwise made good by the contractor, the security deposit shall be refunded to the contractor on production and surrender of the related receipt granted by the purchaser, and on production of no claim certificate given by the contractor duly counter signed by the Purchaser’s Engineer. (b) The Security Deposit shall, however, be liable to be for fitted in case of any breach by the contractor of any of the conditions of the contract or for not completion of the full contract without prejudice to other rights and remedies of the purchaser whether specifically provided for therein or otherwise. - 21 -

CHAPTER –3 3.1 Scope: 3.1.1 This chapter deals with prices to be paid for supply and/or erection of various items of work or for supplies and other amounts payable in accordance with accepted schedules or prices and rates and terms conditions of payment mentioned herein. This is a works contract. 3.1.2 The total prices for the completed items of work are the actual prices payable to the contractor as per the terms and conditions of the contract. The unit of price is rupees. 3.2 (a) Schedule of Prices: i. The unit prices of various items of work shall be included in the schedule of prices. ii. The unit prices quoted by the tenderer and accepted by the purchaser shall hold good till the completion of the work and no additional individual claim will be admissible on account of fluctuation in market rates. iii.Minor changes in basic design shall not effect the unit prices so long as such changes are mutually agreed to by the purchaser and the contractor. iv. All unit prices shall be in rupees. Unit of measurement shall be in metric system. The prices shall be for supply of materials and erection of assemblies. 3.3 On Account Payment on supply portion: On account payment for supply of materials will be made at 90% of accepted rate of supply and to the extent of 90% of the total unit prices such materials included in the schedule on receipt of the material in good condition by the concerned SSE/CON(who will be nominated in the due course.) -- All invoices shall be accompanied by followings: i. Contractor’s challan. ii. Inspection certificate guaranteed by purchaser’s representative. iii. Manufacturer’s challan. Iv Execution of Indemnity Bond. v. Certificate of current stationary taxes and duties. vi. Detailed entries for supply being made in the measurement book. 3.4 On account payment on erection portion: On account payment for erection shall be made at 90% of the accepted rate of erection and to the extent of 90% of the total - 22 -

unit prices for erection, testing and commissioning included in schedule on satisfactory erection duly certified by purchaser’s engineer/representative as on record in the measurement book. 3.5. Final Payment of Balance 10% of Supply and Erection portion: Subject to the conditions as detailed below, balance 10% payment for with Supply and erection , Testing and commissioning charges included in schedule shall be paid on commissioning of the complete work and issue of provisional acceptance certificate and no claim certificate issued by the contractor. 3.6 Payment on Final acceptance certificate: On expiry of guarantee period and issue of the final acceptance certificate of the entire installation, the security deposits will be refunded to the contractor after adjustment of any dues payable by the contractor. 3.7 Income Tax Deduction: 2% Income tax &15% surcharge on Income Tax from all the bills will be deducted as per extent rule. 3.8 Bihar Works contract tax: 4 % BST will be deducted as per extent rule.

3.9 MEASUREMENTS: (a) Payment for field work shall be made in accordance with approved designs and drawings and measured in relevant units except where provided for or otherwise. In case the dimensions of the work are more than those shown in approved design and drawings. The Contractor will not be entitled to any extra amount unless dimensions were increased on account of Physical impossibility in carrying out the work in accordance with approved drawing and the work is accepted without being rejected payment will be made as per work actually done. (b) The measurement shall be made Generally in accordance with standard engineering practice and in conformity with the Explanatory note, if any. - 23 -

Chapter IV 4.1 General: This chapter deals with the inspection and testing of equipment before and after installation and also of the erected system as per standard rules laid down in IE rules 1956 and various other specifications enclosed with the tender 4.2 Inspection and Test: a. Equipments; All the equipments supplied by the contractor shall be accepted after due inspection and testing by the site engineer of the railway or his authorized representative. The rejected equipments should be replaced before installation by the contractor. b. Installations: As soon as the installation is ready for inspection and testing, the contractor shall advise to purchaser in writing. Test will be carried out by the purchaser jointly with the contractor. These shall include the test s which the purchaser may like to conduct with a view to assure himself of the soundness of the equipment and their erection in compliance with these specifications testing equipments such as these indicated below and staff required for the test shall be provided by the contractor free of charge. i. 500/2500/5000 volts megger ii. Earth megger and accessories iii. Continuity test apparatus. The contractor shall take full responsibility for these tests interalia and his other responsibilities. c. Visual inspection which shall include check for satisfactory workmanship shall cover all connection, painting, plastering ,cleanliness of all components etc. and compliance with IE rules. 4.3 Insulation: a. The strength of insulation of the various items of equipments cabling and of the entire installations whole shall be tested with 500/2500/5000 V megger as per latest IE rules. b. Any other specified test tot the satisfaction of the purchaser shall also to be conducted/arranged by the contractor at the site. - 24 -

E.C. Railway Electrical Department Tender Schedule

Name of work : At HJP.:-Elect.work in connection with replacement of Cassette AC 4.1 ton in GM chamber E.C.Railway at Hajipur.

Approximate value : Rs. 6, 28, 276/- Earnest Money : Rs. 12,600/- Completion time : 03 Months. Last date of receiving of tender : 21. 07 . 2015 till 12.00 hrs. Date of opening of tender : 21. 07 . 2015 at 12.30 hrs. Sr. Description of Items Qty./ Rate to be No. Unit quoted in Rs. In figs. & words) 1 2 3 4 1. Supply of 4.0 Ton cassette AC Hot & Cold, Daikin Model 03 No.FHYC140KYF9 Non Inverter Model 4TR energy saver machine(40- Nos. 48%),Refrigerant 410A.Make-Daikin,Carrier,Loyad.

2. Installation ,testing & commissioning of 4.0 ton Cassette AC with all 03 suitable arrangement or as per site in-charge. Nos.

3. Supply, installation, testing & commissioning of copper pipe with tubler 182 fome size 3/8 for 4 ton cassette AC with all suitable arrangement or as per Ft. site in-charge.

4. Supply,installation,testing & commissioning of copper pipe with tubler 182 fome size 3/4 for 4 ton cassette AC with all suitable arrangement or as per Ft. site in-charge.

5. Supply & drawing of 2.5 sq.mmX7 core flexible PVC copper wire in PVC 61 flexing pipe/conduit pipe of 25 sq.mm I/C fixing testing commissioning etc Mtrs. as required for 04 ton cassatte AC with all suitable arrangement or as per site in-charge.Cable Make:-Anchor, Havells, Polycab.

6. Dismentling charges of old cassatte AC installed in GM chamber. 03 Nos.

7. Carrage/Freight charges for handling of 03 nos.cassette AC. 03 Nos. - 25 - - 2 – Note : 1. The samples of the materials shall be got approved before bulk supply and commencement of work. The materials to be supplied shall be from approved firm & procured either from the firm or from their authorised dealer and shall be approved by AEE. The samples of approved materials shall be kept under the custody of AEE. 2. The contractor will submit the list of personnel involved in the execution of work.Quality of material and work shall be of acceptable level. In case of any default the contractor shall be reminded of the inadequacy in quality and if not complied with they shall be subjected to penalty of normal amount to be deducted by AEE/Sr.DEE upto Rs. 1000/- per instance 3. The contractor will supply the full purchase details like purchase voucher, catelogue and manufacturer’s batch no., test certificate etc. in respect of materials supplied by them. 4. The contractor will submit a list of tools and plants available with them and as required for the execution of work. 5. The Rly. may supply required tools and plants as per availability and on written demand from the contractor for which hire charges as fixed by the Rly. have to be paid by the contractor. 6. Rly. may permit use of energy by the contractor for the Rly. work on standard charge fixed by the Rly. 7. Progress of the work shall be submitted by the contractor on weekly basis to Sr.DEE through concerning supervisors. 8. Necessary cable lay out,wiring scheme/diagram,illumination plan and other relevant drawings/schematic drawing etc. in three copies will be submitted by the contractor. One copy will be approved by Engineer Incharge (Sr.DEE) and returned to the contractor for execution. The contractor can start the work only after approval of the drawings. 9. After completion/commissioning of the work, final lay out drgs. shall be submitted by the contractor in three copies otherwise these will be prepared by the Rly. at the cost of contractor. 10. Contractor or his representative shall daily meet AEE or SSE(Works) in the morning for planning the job to be done during the day. The Rly. has full right to insurant contractor to do the work again if the work is not done as per the advise/instruction/guidance of the supervisor(field) deputed for supervising the work on daily basis. 11. It will be the responsibility of the contractor to undertake stage inspection jointly by the field supervisors of Rly. or their representative and the supervisor of the contractor on daily basis. No work will be allowed to be done in absence of the contractors nominated supervisor who has competency certificate issued by licensing board. 12. All works shall be done as per I.E. Rules 1956 and in accordance to General specification for electrical works of Pt.I & II. 13. .All taxes as legally leviable will be recovered from billed amount. 14. The party has to submit documentary proof for purchasing the materials from the original anufacturers mentioned in the Schedule for genuineness of the materials. No bill will be passed without that documents. 15. The stage inspection will be carried out by the authorized representative of Sr.DEE/SEE in the premises of the original equipments manufacturer before dispatch. 16. The system provide shall have warranty period of twelve months from the date of Commissioning. Failure should be attended and rectified by the contractor within one month from the date of intimation to him. Failing this, failure shall be rectified by other party and the cost borne for this work will be deducted from the contractors security deposit or contractors bill from any work - 26 -

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17. Saddles for fixing conduit pipe(metal/nonmetal) will be of stainless steel of sizes confor -ming to IS 3837/76. Saddles shall be fixed at both ends. The length of the screw shall not be less than 40mm. other accessories shall be conf. to relevant ISS. 18. Clamp for fixing conduit pipe(metal/nonmetal) on girders & rail etc. shall be of MS duly painted having minimum thickness 4mm. 19. All cables & earth lead/continuity connection are to be properly terminated by using suitable sizes of lugs/socket,nuts & bolts(galvanised) and washers and for straight through jointing of cables bottle lugs should be used in conjunction with heat shrinkable sleeve as insulation.

20. All cable connection in the switch board/junction box are to be made by cable connector size of junction box where connector are used shall not be less than 4"x6". 21. The conduit and other materials should be of reputed make only. 22. Size of the PVC conduit(PVC conduit less than 20mm dia shall not be used in wiring) No. of cable run Size (outer dia) Thickness 3 20mm 1.5mm 5 25mm 1.7mm 8 32mm 1.9mm 12 40mm 2.1mm 23. Concerning supervisors should maintain a work register and file containing planning to execute the Work strictly as per schedule and condition laid down in the note, inspection to work site, part of work carried out in presence of themselves,meggering of newly installed electrical installation will be done between conductor to conductor & conductors to earth and values should be noted . and collect full purchase particulars like purchase voucher, technical leaflet(maintenance), manufacturer’s batch no., test certificate regarding checking done on voltage test,frequency test, load test at 10% over load, temperature raising test, insulation test, earth resistance test etc. as per relevant IS & specification of the major items like UPS, battery, stabilizer, D.G.set, transformer, H.T.panel, L.T. panel, LTOCB, submersible pump etc. & put up to Sr.DEE with M.B. at the time of contractor’s payment. 24. For wiring purpose hole should be made only by using drill machine and put seasoned teak wood plug of size 5cm long, 2.5cm square inner end and 2 cm square outer end in the hole and cemented into walls within 6.5mm of the surface and remainder being finished according to the nature of surface with plaster or lime punning. 25. Any damage caused to the building as a result of execution of electrical works shall be the responsibility of the electrical contractors. The damage so caused shall be made good by the contractor promptly at their own cost to the entire satisfaction of the electrical engineer incharge. 26. All balbs shall be removed on the same day after the execution of work at the cost of contractor. 27. Watch & ward of the installation works shall be of the contractors responsibility till the space finally handed over to the concerned department on completion.

Signature of the Contractor.