Tender Document for the Work of “Contract for Hiring of One 4 Wheeler Vehicle (Tata Indica Vista/Tata Indigo Cs Or Equivalent

TENDER DOCUMENT FOR THE WORK OF

“CONTRACT FOR HIRING OF ONE 4 WHEELER VEHICLE (TATA INDICA VISTA/TATA INDIGO CS OR EQUIVALENT PASSENGER VEHICLE) FOR RAILWAY USE UNDER DIRECTOR/I&L/RDSO/KOLKATA”

TENDER TO BE OPENED ON 04.04.17 AT 15.00 Hrs.

TATA INDICA VISTA/TATA INDIGO CS

NO. of pages including cover : 45

Tender case no. I&L/RDSO/Kolkata/Hiring vehicle/VI

Quality Assurance (Mechanical) Directorate Research Designs & Standard Organisation Manaknagar, Lucknow

Price 2000/-

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S.No Description Page no.

1 Permeable to tender papers 3-4

2 Memorandum of terms, conditions 5-12

3 General instructions to the tenderers 13-19

4 Conditions of the contract 20-30

5 Technical specification 31-35

6 Annexure –I 36-37

7 Forms for tender 38-45

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. PREAMBLE TO TENDER PAPERS

1. Tender papers are not transferable.

2. Description and location of the organization – Zonal office of Quality Assurance (Mechanical) Directorate, Research Designs & Standards organization (RDSO) is under Ministry of Railways and is situated at 3, Koilaghat Street, Kolkata-700 001. This organization is engaged in inspection and vendor development works in various Railway disciplines.

3. Site – Office of Director/I&L/RDSO, 3, Koilaghat Street, Kolkata-700 001

4. Scope of work – The work includes “Supply of Tata Indica vista/Tata Indigo CS on hire basis for official use for inspection of firms at Kolkata zone under Director/I&L/RDSO/Kolkata. The details of works covered under work are given in chapter III of tender documents.

5. Period – Hiring of vehicle is for two years from the date of award of the work as per scope of work.

6. Availability of Tender Document – The tender document for the work “hiring of vehicle of vehicle Tata Indica vista/Tata Indigo CS for Railway use under Director/I&L/RDSO” may be purchased from office of the Director/I&L/RDSO, 3, Koilaghat Street, Kolkata 700 001 on any working day between 11.00 and 16.00 hrs w.e.f 16.02.17 onward up to 03.04.17. The cost of tender documents will be Rs 2000/- (Rs Two thousand only) which is payable by Demand Draft to be made in favour of Executive Director/Finance/RDSO/LKO. The complete tender document can also be downloaded from the website of RDSO, i.e www.rdso.indianrailways.gov.in. Under such cases, the cost of the tender document Rs. 2000/- (Rs Two thousand only) is to be submitted in the form of Demand Draft in favour of Executive Director/Finance/RDSO/LKO. This shall be submitted separately and in addition to the earnest money. It will be the responsibility of the tenderer to ensure the use of complete bid document available on website. The down loaded bid document will be considered equally legally valid for participation in tender process as manual document obtained from the department through manual process.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 7. Last date for submission of tender and opening of tender – The tender shall be submitted in sealed cover super scribing the work “Tender for hiring of vehicle of vehicle Tata Indica vista/Tata Indigo CS for Railway use under Director/I&L/RDSO/Kolkata” and submitted in the tender box kept in the office of Executive Director/QA/Mech. RDSO/Ministry of Railways/LKO (UP) between 11.00 hrs and 14.00 hrs on 04.04.17 and opening of tenders is on the same day i.e on 04.04.17 at 15.00 hrs in presence of tenderers or their authorized representative, if any.

i) The tender papers should reach to Executive Director, Quality Assurance (Mechanical) not later than 14.00 Hrs of 04th April 2017. ii) The tender shall be submitted in sealed cover super-scribing the word “Tender for Hiring of vehicle (Tata Indica vista/Tata Indigo CS or equivalent) for Railway use under Director/I&L/RDSO” with full name and address of the tenderer written on the cover. iii) Tenders not received in time will not he considered at all, RDSO Administration does not take any responsibility on account of delay, loss of mis-delivery of the tender documents sent by post. iv) Tender will be opened on 04th. April 2017 at 15.00 hours in the office of Executive Director, Quality Assurances (Mechanical) in presence of the authorized representatives if any. v) In case of any reason the office is closed on the day of dropping & opening, the tender shall be received and opened on the next working day at the same time and venue.

8. Telegraphic bids will not be accepted under any circumstances.

9. Earnest Money: The tenderer is required to deposit an Earnest Money Rs. 13,980/-(Rupees Thirteen Thousand Nine Hundred and eighty only) through demand Draft of any Nationalized/Scheduled Bank drawn in favour of ED/Finance, RDSO. Any tender received without earnest money is liable to be summarily rejected.

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This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. CHAPTER-I

MEMORANDUM OF TERMS, CONDITIONS AND INSTRUCTIONS TO TENDERERS;

1.1 Tender Papers

Preamble to the tender papers, instructions to the tenderers, conditions of tendering, conditions of contract, prices and payment, specifications, and forms of tenders included herein shall be read as part referred to as the “Tender papers”

The intending tenderers are advised to study the tender papers carefully The tenderer shell also acquaint himself with the local conditions, nature of work and all other matters pertaining thereto.

The submission of the tender shall be deemed to have been on the basis of tender papers and after careful study and examination of the tender papers with a full understanding of the implications thereof.

1.2 Interpretations of terms used (Definition of terms)

The following terms wherever occurring in the tender papers and wherever used throughout the execution of the work, shall unless excluded by or repugnant to the context have the meaning attributed thereto as follows:-

a) “RDSO (Research Designs and Standards Organization)” shall mean the President of India working through the Director General, RDSO.

(b) “Director General” shell mean the officer In administrative charge of RDSO “Executive Director/QA/Mechanical” shall mean the officer in charge of the Quality Assurance (Mechanical) wing.

(c) “Engineer” shall mean the Director General RDSO’s representative in executive charge of the works and shall include the higher officers of the Quality Assurance Directorate as Directors, Jt. Directors, Dy Directors, SIO and AIEs.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. (d) “Engineer’s representative” shall mean any official appointed by RDSO.

(e) “Contract” shall mean and include the Preamble and General instructions, General Conditions of Contract, Special Conditions of contract, Technical Specifications and other conditions specified in the tender, advance and detailed acceptance letter of tender, and formal work order/agreement, if executed.

(f) “Contractor” shall mean the successful tenderer i.e, the tenderer whose tender has been accepted either in whole or in part. It shall also mean the person, firm, company whether incorporated or not, who enters in to the contract with RDSO and include their executors, administrator, successors and permitted assignee.

(g) “Equipment” shall mean all of any equipment considered necessary by the administration for the satisfactory operation of work.

(h) “Contractor’s Representative” shall mean a person in supervisory capacity who shall be so declared by the contractor and who shall be authorized to to receive instructions issued by RDSO to the contractor for the work. He shall be responsible for proper execution of the work and shall take orders from Engineer(s) and carry out the same.

(i) “Materials” shall mean all equipment, components, fittings/accessories and other items required to complete or maintain the work.

(j) “Tenderer” shall mean and include any person, firm or company or body corporate or other who submit the tender, which has been invited.

(k) “Work or works” shall mean all or any of the items of the work for which the Tenderer/contractor has tendered/contracted according to the specification and annexure hereto annexed or to be implied there from or incidental thereto or to be hereafter specified or required in such explanatory instructions being in conformity with the original specifications, annexure and schedules and also such instructions additional to the aforementioned as may from time to time be issued by the Director General RDSO through Executive Director/QA/Mach during the progress of the contracted work.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. (l) “Writing” shall mean and include all matters written, type written or printed either or whole or in part.

(m) “Schedule of rates” shall mean the schedule of rates as annexed to the contract agreement or as amended thereafter in the manner provided for in the contract.

(n) “Site” shall mean the lands and other places on under in or through which the work are to be carried out and any other lands or places provided by RDSO for the purpose of the contract.

(o) “Months” shall mean calendar month as per British Calendar.

(p) “Administration” shall mean RDSO , Manaknagar, Lucknow 226011.

(q) Works imparting the singular number shall also include the plural and vice versa wherever context required.

(r) The headings and marginal headings in these general conditions are solely for the purpose of facilitating reference and shall not be deemed to be part thereof or be taken into consideration in the interpretation of maintenance or the contract.

1.3 Clarifications required by the tenderers may be obtained from Director/I&L/RDSO,3,Koilaghat Street, Kolkata-1

1.4 Tenderers offer should include the following:-

a) A copy of the tender papers duly signed in ink by the tenderer on each and every page in token of his having studied the tender papers carefully and accepted the conditions specified therein. b) The original document for Earnest Money and attested photocopies of latest Income Tax clearance certificate shall be incorporated in the tender form. 1.5 The prices to be paid for, shall be in accordance with accepted schedule of prices or rates. All prices shall be quoted both in figures and words. However in case of discrepancy between the two, the price quoted in words shall be treated as final.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 1.6 Tools/equipments/instruments etc required for work will be provided by the contractor at his cost.

1.7 The technical specifications and special conditions of contract are contained in chapter IV of this tender document.

1.8 All works under this contract shall strictly follow the schedules of works as have been set out in chapter II and IV of the tender papers.

1.9 Any individual signing the tender or other document connected therewith should specify whether he is signing.

i) As sole proprietor of the concern or his Attorney or ii) As a partner or partners of the firm or iii) For the firm or iv) As a Director, Manager or Secretary in the case of a Ltd company duly authorized by a resolution passed by the Board of Director, in pursuance of the authority conferred by Memorandum of Association. 1.9.1 Requisite power of Attorney or such other documents empowering the individual or individuals to sign should be furnished to RDSO for verification if required.

1.9.2 The RDSO will not be bound by any power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of the contract, if any. It may however, recognize such power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the Contractor.

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

1.11 The successful tenderer will be advised by fax/formal letter of acceptance. No tender shall be deemed to have been accepted unless such acceptance shall have been informed in writing to the successful tenderer by the RDSO.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 1.12 The administration 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 administration 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 subdivide the work among different tenderers or to reduce the work or to accept any tender for less than the tendered quantities without assigning any reason whatsoever.

1.13 The tenderer shall keep the offer in response to the invitation of tender open for acceptance either in part or in full or as may be modified by negotiation by the administration for a period of one hundred and twenty days from the date of which tenders are opened, during which period the tenderer shall not withdraw or restrict his offer nor amend, impair or derogate there from. Otherwise tenderer shall be liable for forfeiture of earnest money.

1.14 The tenderer shall be deemed to have accepted as aforesaid in consideration of his tender being considered by the administration in terms hereof, provided the same has been duly submitted and is otherwise on order. When the successful tenderer is informed in writing at his address given in the tender papers within the said period of one hundred and twenty days that his tender has been accepted by the administration either in whole or in part, he shall be bound by the terms of tender papers constituted by his tender and such acceptance thereof by the administration, until a formal contract has been executed between him and the administration.

1.15 Tenderer’s credentials :

The tenderer shall provide satisfactory evidence acceptable to RDSO to show that:

a) The tenderer must have proven credential of unblemished performance for similar work in reputed organization /major establishment like Railways/Govt/Public sector organization. Authorized travel agents owing vehicle as stipulated will also be considered. b) He has adequate facilities and field service organization to successfully execute the work.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. c) The tenderer should furnish sufficient evidence, attested by a gazetted officer of Central government or state government, in regard to having undertaken similar works. The names and address and other details of such works shall be furnished by the tenderer. d) In addition to the above, further information, attested as per para (c) above regarding his credentials or credentials of his associates shall be given by the tenderer as required in the form 5 of the tender document page no.44.

1.16 RDSO attaches utmost importance to proper and timely completion of work. The basic consideration and the essence of the contract shall be the strict adherence to the stipulated time frame and proper execution of work.

1.17 Recovery of Income Tax - Income tax @ 2% (Two percent) of the gross amount of the each bill will be recovered from all the bills of the contractor in terms of section 194 c of the Income tax act 1961 as introduced through the Finance Act 1972. A surcharge @ 10% (ten percent) on the amount of income tax and education cess @ 3% on Income tax so deducted will also be recovered from the contractors’ bill.

1.18 Recovery of W.B Sales Tax – The Railway may deduct from the payment to be made to the contractor(s) an amount towards tax on works contract equal to 2% (two percent) of the payment. The deduction is mandatory, irrespective of whether the payment is to be made in cash or by cheque or draft or any other terms where the execution of the contract does involve any transfer of property in goods (whether as goods or in some other form) under sec6D of the said Act. There will also be no deduction for that part of the payment to the contractor which comprises contractual transfer price of declared goods and have suffered Tax at any earlier stage of sales or purchase in West Bengal and the contractor declared in writing that effect and claims such exemption.

1.19 Scope of work & payment thereof –

i) The Railway reserves the right to get the work executed in the best and most economical manner, and may add or may not operate any item(s) of work(s) as the Railway may consider fit.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. ii) The contractor(s) is expected to use the latest technology and machinery and achieve a most efficient and best quality of work. iii) The Railway reserves the right to increase or decrease the scope of work and/or not to operate any one or more of the item(s) or work(s) of any one or more of the carious schedules. It is the responsibility of the contractor to ascertain from the Engineer – in- charge the items to be operated with their actual quantities before making any arrangement(s) for taking up work under the item(s). No claim, whatsoever, from the contractor will be entertained for non operation of any of the item9s) or for variation in quantity of any of the item(s). iv) The payment shall be made on the basis of actual quantities executed under various item(s) and the accepted rates thereof, and not on the quantities mentioned in the various schedules up to normal variation of agreement quantity/value i.e +25%. v) Payment to the contractor will be made through Electronic Fund Transfer to specified Bank account through EFT.

1.20 Variation Beyond + 25% over agreemental quantity & its payment – If Railways decides to get the additional quantity i.e variation of quantity beyond +25% over agreement quantity the same shall be got executed by floating a fresh tender. If floating a fresh tender is considered not practicable, negotiation may be held with the existing contractor for arriving at reasonable rates for additional quantities in excess of 125% of agreement quantity. However, Railway reserves the right to execute additional quantity over agreement quantity in best and most economical manner as may consider fit. No claim whatsoever will be entertained in the matter and decision of Railway will be binding up on the tenderer.

1.21 No claim for rejection of tender – The tender, when submitted, shall not constitute an agreement and the tenderer shall have no cause of action or claim against RDSO for rejection of his offer. RDSO shall always be at liberty to reject or accept the offer at its own discretion and any such action will not be called into question and the tenderer shall have no claim in that regard against RDSO.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 1.22 The successful tenderer shall be required to execute one or more agreements as necessary with President of India acting through Director General, RDSO as the case may be for carrying out the work as per agreed conditions.

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This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. CHAPTER – II

GENERAL INSTRUCTIONS TO THE TENDERERS

2.1 The intending tenderers are advised to study the general conditions of contract regulations and Instructions for tenderers and standard forms of contract (GCC 1996) as corrected from time to time and as mentioned in the special conditions attached, and make themselves conversant with their contents as these shall govern this contract and shall form an integral part thereof, save and except where these are repugnant to the terms and conditions brought out in the tender documents.

2.2 Charges all inclusive, shall be quoted in the sheets provided for the rate schedules. The schedule of rates and quantities should be carefully and properly filled in. All rates should be mentioned in words as well as in figures. Erasures and alterations in the tender papers must be avoided. If any corrections are necessary these should be a “pen through” and all such alterations must be attested by the full signatures of the tenderers along with dates. Additional conditions or stipulation if any must be made in the covering letter of the tender. It should be noted that the RDSO reserves the right not to consider conditional tender/tenders and to reject the same without assigning any reason.

2.3 All fluctuations in the rates of labour, materials and general commodities and other possibilities of each and every kind should be considered before quoting the rates and no claim due to any cause, whatsoever, on this account will be entertained. Sales tax, octroi or any other taxes levied or livable by the Central or State government or local bodies shall be borne by the tenderer which should be kept in view before tendering. No taxes on contractor’s labour or material will be paid by RDSO administration.

2.4 a) If the tenderer be a firm all partners of the firm shall sign the tender documents. If the tenderer be a company the tender documents shall be affixed with the seal of the company and signed by such person/persons as may be authorized by the articles of association of the company/ or a resolution of Board of Directors thereof and duly attested copy of the authorization shall be sent with the tender. In any case the tenderer shall disclose his constitution and attested copies of all the necessary relevant legal documents in support thereof shall be submitted with the tender and the originals thereof produced as and when called for.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. b) The cancellation of any documents such as Power of Attorney, Partnership deed etc. shall forthwith be communicated by the contractors to RDSO administration in writing, failing which RDSO administration shall have no responsibility or liability for any action taken on the strength of the said documents.

2.5 a) The tenderers shall produce along with his/their tender, the latest Income tax clearance certificate in original or an attested copy thereof. Failure to submit such certificates will render the tender liable to rejection. In case the Income tax certificate has already been submitted to RDSO with a previous tender, this fact should be recorded on the tender itself giving reference to the tender with which the same was submitted.

b) The tenderers should note that even in the event of non submission of Income tax clearance certificate , his/their tender may be accepted with the condition that no payment shall be made to him/them for the work done under this contract nor he/they shall make any claim for any such payment until and unless valid ITCC is produced.

2.6 i) The tender must be accompanied by Earnest Money of Rs. 13,980/- (Rupees Thirteen Thousand Nine Hundred and eighty only) through Demand Draft of any Nationalised/Scheduledd bank drawn in favour of Executive Director/Finance, RDSO without which the tender is liable to be summarily rejected

ii) The tenderer shall keep the offer open up to 120 days. Should the tenderer fail to keep the offer open for entire validity of period or resile from the contract after acceptance of the tender, the aforesaid amount shall be liable to be forfeited by the Railways.

b) No interest shall be allowed on the Earnest money

2.7 The Earnest money deposited by the contractor with his tender will be retained by RDSO as part of security deposit for the due and faithful fulfillment of the contract by the contractor. The balance to make up the security deposit may be recovered from the running bills. Unless, otherwise specified in the special conditions, if any, the security deposit/rate of recovery/mode of recovery shall be as under:

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. a) The total security deposit required for the work will be the 5% of the contract value.

b) The rate of recovery should be at the rate of 10% of the bill amount till the full security deposit is recovered.

c) Security deposits will be recovered only from the running bills of the contract and no other mode of collecting Security deposit such as security deposit in the form of instruments like Bank Guarantee, Fixed Deposits etc. shall be accepted towards Security deposit.

d) The security money shall be returned to the contractor after the physical completion of the work certified by the competent authority. The competent authority shall be normally be the authority who is competent to sign the contract. The certificate inter alia should mention that the work has been completed in all respects and the contractual obligations have been fulfilled by the contractors and that there is no due from the contractors to RDSO against the contract. Before releasing the security deposit an unconditional and unequivocal no claim certificate from the contractor should be submitted.

2.8 a) The successful bidder should give a performance guarantee in the form of an irrevocable bank guarantee amounting to 5% of the contract value.

b) The performance guarantee should be furnished by the successful contractor after the letter of acceptance has been issued, but before signing of the agreement and should be valid of the work period with additional 60 days. The agreement should be normally be signed within (fifteen days after the issued of LOA and performance guarantee should also be submitted within this time limit.)

c)Performance guarantee shall also be released after satisfactory completion of the work and the work period is over. The procedure for releasing will be as per procedures laid down in clause no.2.7 (d) above.

d)Wherever the contracts are rescinded, the security deposit should be forfeited and the performance guarantee shall be encashed and the balance work should be got done separately.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. e) The balance work shall be got done independently without risk and cost of the original contractor.

f) The original contractor shall be debarred from participating in the tender for executing the balance work. If the failed contractor is a Joint venture or a partnership firm, then every member/partner of such a firm would be debarred from participating in the tender for the balance work either in his/her individual capacity or as a partner of any other joint venture/partnership firm.

2.9 Tenders must be enclosed in a sealed cover super scribing the work “Tender for hiring of vehicle of vehicle Tata Indica vista/Tata Indigo CS for Railway use under Director/I&L/RDSO” and submitted in the tender box kept in the office of Executive Director/QA-M/RDSO, Manaknagar/LKO (UP) between 11.00 hrs and 14.00 hrs on 04.04.17. Tender must be sent to Executive Director/QA/Mach so as to reach this office not later than 14.00 hrs on 4th, April 2017. Tender will be opened at 15.00 hrs on same day i.e on 4th, April 2017 in presence of tenderers or their authorized representative as may wish to present in the office of Executive Director/QA/Mech,/RDSO/LKO. In case for any reason the office is closed on the date on which the tender is scheduled to be opened as mentioned herein these will be opened at the same time on the next working day and all the clauses will hold good.

2.10 If the tenderer/tenderers deliberately give/gives wrong information in his/their tender or creates/create circumstances by wrongful manipulations for the acceptance of his/their tender, RDSO administration reserves the right to reject such tender at any stage.

2.11If the tenderer expires after the acceptance of his tender, the Railway shall deem such tender or contract as cancelled. If a partner of a firm expires after the submission of their tender or after the acceptance of their tender, the Railway shall deem such tender or contract as cancelled unless the firm retains its character.

2.12 The authority of the acceptance of the tender will rest with the Director/I&L/RDSO/Kolkata who does not bind himself to accept the lowest or any other tender or to assign reasons for declining to consider any particular tender or tenderer.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 2.13The successful tenderer shall be required to execute an agreement with the President of India acting through the Director /I&L/ RDSO, Kolkata for carrying out the work according to General conditions of contract (1996) including these special instructions and special conditions of contract and as per specifications attached.

2.14Should a tenderer be a retired engineer of the gazetted rank or any gazetted officer working before the retirement whether in executive of administrative capacity or whether holding a pensionable post or not, in any of the Railway owned and administered by the President of India for the time being or should a tenderer being partnership firm have as one of its partners a retired engineer or a retired gazetted officer as aforesaid or should a tenderer being incorporated company have any such retired engineer or retired officer as one of its Directors or should a tenderer have in his employment any retired engineer or any retired gazetted officer as aforesaid the full information as to the date of retirement of such engineer or officer have not yet retired from Government service at least two years prior to the date of submission of the tenderer, as to whether permission for taking such contracts or if the contractor be a partnership from any incorporated company to become a partner or director has been obtained by the tenderer or the engineer of the officer as the case may be from the President of India or any officer duly authorized by him in his behalf shall be clearly stated in writing at the time of submitting his tender. Tenders without the information above referred to or a statement to the effect that no such retired engineer or retired gazetted officer is so associated with the tenderer as the case may be, shall be rejected.

2.15Should a tenderer or contractor being an individual on the list of approved contractor have a relative employed in gazetted capacity, in RDSO or in case of a partnership firm or company incorporated under the Indian company law, should a partner or a relative of the partner or a shareholder oro relative of a share holder be employed in gazetted capacity in RDSO the authority inviting tenders shall be informed of the fact at the time of submission of tenders failing which the tender may be rejected or if in accordance with the provision in clause 62 of the General conditions of the contract.

2.16 The contractor shall observe all the formalities and perform all acts and abide by all the provisions contained in the Contract Labour Act 1979

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. and Contract Labour Central Rules 1971, with further amendments, if any which in addition to other stipulations inter alia provide that –

a) The contractors shall keep and maintain necessary registers/records issue employment cards/service certificates and display notice in accordance with the section 75 to 82 of Contract Labour Central Rules 1971. b) In any case in which by virtue of section 20(2) and 21(f) of the Contract Labour (regulation of abolition) Act 1970 the Railway is obliged to provide amenities and/or pay wages to Labour employed by the contractor directly or through petty contractor/s or sole contractor/s under this contract, then the contractor shall indemnify the Railway fully and the Railway shall be entitled to recovery from the contractor the expenditure incurred on providing the said amenities and/or the wages so paid by deducting it from the security deposit or from any sum due to Railway to the contractor. If any dispute arises on the expenditure incurred by the Railway on provision of the said amenities the decision of Director/Computer shall be final and binding.

2.17The tenderer shall submit an analysis of his/their tendered rates to the Director/I&L/RDSO/Kolkata, if called to do so.

2.18The tenderer shall not increase his/their quoted rates in case the Railway administration negotiates for reduction of rates and the negotiations shall not amount to cancellation or withdrawal of the original offer and rates originally quoted will be binding on the contractor’s labour also.

2.19 In case of any dispute that may arise concerning contract agreement or the tender, the decision of RDSO administration (Executive Director/QA-M/RDSO or Director/I&L/RDSO/Kolkata) shall be final and binding upon the contractors. The contractors and his men would abide by the lawful instructions conveyed to him by RDSO administration or its supervisory officials.

2.20The tenderers must furnish details of similar contracts recently executed or being executed by them. They would also certify that the works had been or are being executed satisfactorily by them. In case any of their

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. contracts had been terminated or they were otherwise penalized while executing the contracts, brief details should be provided.

2.21Non compliance of any of the conditions set forth herein is liable to result in the tender being rejected. ----xxx---

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. CHAPTER –III

CONDITIONS OF CONTRACT

3.1 This chapter deals with the conditions of contract under which the work coming under the purview of this contract is to be executed by the contractor.

3.2 If the tender submitted by a tenderer is accepted and contract awarded to the tenderer, the work coming within the purview of the contract shall be governed by the term and conditions included in the tender papers as modified or amended by the letter of acceptance of tender.

3.3 The contractor shall intimate RDSO, the address there of to which all correspondence should be sent.

3.4 The contract resulting from this tender being a service/work contract shall not attract sales tax. RDSO dose not therefore, agree to pay sales tax in addition to the price quoted.

3.5 UTILITES & FACILITIES OF WORK

a) Railway Passes: No Railway Pass for the conveyance of the contractors, his Engineers, his supervisor, his labour or his materials will be issued.

b) No land belonging to or in the possession of RDSO shall be occupied by the Contractor without the permission of RDSO. The Contractor shall not use or allow to be used, the site for any purpose other than that of execution of the works.

3.6 DETERMINATION OF CONTRACT

Notwithstanding the provisions under other paras, RDSO may at any time by a notice in writing shall determine the contract without liability to pay any compensation to the contractor is respect thereof in any of the following events:-

i) Insolvency: If the Contractors being an individual, or if a firm, any partner in the contractor’s firm, shall at any time adjudged insolvent or shall have a receiving order or order for administration of his estate made against

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. him or shall take any proceedings for liquidation or composition under any law relating to insolvency for the time being in force or enter into any arrangement or composition with his creditors or suspend payment, or if the firm be dissolved under the Partnership Act.

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 arisen which entitled the court or debenture holders to appoint a receiver or manager.

iii) Breach of Contract: If the Contractor commits any breach of this contract nor herein nor specified provided for; provided always that such determination shall not prejudice any right of act or remedy which shall have accrued thereafter to RDSO and provided also that the contractor shall be liable to pay RDSO any expenditure which RDSO is thereby put to but shall not be entitled to any other and gain or repurchase. In the event of such determination, without prejudice to the other rights and remedies of RDSO including the right of forfeiting the security deposit, RDSO shall be entitled to have the work or reminder thereof performed, executed and or carried out by any other and hold the contractor liable for reimbursement in the event of any loss on this account.

3.7 The successful tenderer shall within 15 days after having called upon by notice to do so be bound to execute an agreement based on accepted rates and conditions.

3.8 On receipt of the Letter of Acceptance of tender from RDSO, the successful tenderer shall deposit a Security Deposit as per clause no.2.7 (a) performance guarantee as per clause no.2.8 (a), which shall be specified in the Letter of Acceptance of tender.

3.9 The Earnest Money may, at the discretion of the Contractor , be adjusted towards the payment of the Security Deposit and the balance to make up the full Security Deposit shall be recovered as per clause no.2.7.

NOTE

a) No interest will be allowed or paid for the amount deposit through demand draft or deducted through bills.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. b) Request for transfer or Security Deposit of any work even if the same is free of obligations will not be accepted for the purpose of Security Deposit in this case.

3.10 QUALITY OF WORK

a) All materials used in the work shall be of the best quality and of the class most suited for the purpose specified. b) All work carried out shall also be of the best quality acceptance to the Administration.

3.11 SUB-CONTRACTORS

(a) The contractor shall not sublet or assign this contract or allow any person to become interested there in any manner, without the written permission of the Director/I&L/RDSO/Kolkata or Executive Dirctor/QA(Mach), RDSO, Manak Nagar, Lucknow-226011. In the event of the Contractor sublrtting or assigning the contract or any part thereof without such written permission, RDSO Administration shall be entitled to cancle the contract the losses/damages due to such cancellation, will be born by the contractor. (b) The manes of all sub-contractors proposed to be employed for maintenance of the system or any part thereof including manufacture of components shall be submitted by the contractor when he enters into an agreement with the sub-contractor for the purpose. (c) The Contractor shall arrange for effective supervision of sub-contractor’s work and remain solely responsible for materials supplied and for works carried out on his behalf by the sub-contractor/s.

3.12 The Contractor shall furnish to the Director/I&L/RDSO/Kolkata the name, designation, and address of his authorized agent and all complaints, notices, communications and reference shall be deemed to have been duly given to the contractor if delivered to the Contractor or his authorized agent or left at or posted to the address so given and shall be deemed to have address so given in case of posting, on the date on which they would have reached such address in the ordinary course of post or on the day on which they were so delivered or left.

3.13 No claim for extra or additional work or works not provided in the contract, of any kind whatsoever shall be admitted (even through shown to

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. be necessary) unless they have been executed under written orders of RDSO. The contractor must produce such orders as vouchers for the claim.

3.14 ACCESS TO WORK SITE

(a) Access to the site for the purpose of this contract shall be afforded to the contract by RDSO at all reasonable times. In the execution of the work, person other than the contractor, or his duly appointed representative or approved sub-contractor, or his duly appointed representative or approved sub-contractor and bonafide workmen shall have access to the site. Access to the site of work at all times shall be allowed by the contractor to officials or approved representative by the administration or to railway staff for purpose of maintenance.

(b) RDSO Administration or his authorized representative shall have the right to refuse admission to the work site of any person employed by the contractor whom RDSO or his representative may consider undesirable.

(c) The Administration or his representative shall be at liberty to object to the person of any representative or other person employed by the contractor in or about the works, on the ground of misconduct, incompetence or negligence; the contractor on receipt of notice of such object in writing from RDSO or his representative shall forthwith remove the person so object to and provide in his place another competent person and shall not allow such person to enter the site of work subsequently. The administration will not be liable to pay any cost or damage on this account.

3.15 The contractor shall, during the progress of the work be entirely responsible for the custody of the store and equipment both belonging to him and to RDSO and keep the records update for periodical checking by the competent authority of RDSO.

3.16 The contractor shall at all times indemnify the Executive Director/QA (Mach) and Director/I&L/Kolkata and the Government against all claims for compensation under the provision of the Workmen’s Compensation Act. 1923, as modified upto date in force or any other law for the time being in force by or in respect of any workmen employed by the contractor in carrying out this contract and against all costs and expenses incurred or to be incurred by the administration in connection therewith (without prejudice to any other means of recovery), RDSO or the administration shall be entitled

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. to deduct or withhold for any period of time considered reasonable by the administration from any money due or to become due to the contractor (whether under this contract of any other contract) All moneys paid or payable by the administration by way of compensation as aforesaid or for costs or expenses in connection with any claim thereto and this contractor shall abide by the decision of the administration to the sum payable by the contractor/or to be withheld from his dues under the provision of this para.

3.17 All costs, damages or expenses which RDSO administration may incur, for which under the terms of contract the contractor is liable, may be either deducted by the administration at his discretion from any moneys due or to become due or refundable by him to the contractor under the contract or may be recovered by action at Law or otherwise from the contractor. RDSO administration reserves the right and shall be entitled to retain payments due to contractor under this contract and to set off the same against all claims whether arising out of this contract or out of any other transaction what ever due to the contract.

3.18 The contractor shall provide at his cost all equipment/tools/instruments etc. required for execution of work covered under this contract.

3.19 In the event of any of the provisions of the contract requiring to be modified after the contract documents have been signed, the modifications shall be made in writing and signed by RDSO and the contractor and no work shall proceed under such modifications until this has been done. Any verbal or written arrangement abandoning modifying , extending, reducing supplementing the contract or any of the terms thereof shall be deemed conditional and not be binding on RDSO unless and until the same is incorporated in formal instrument and signed by RDSO, and the contractor and till then RDSO shall have the right to repudiate such arrangement

3.20 RDSO shall not be liable to the contractor for any matter arising out of or in connection with the contract of the work unless the contractor shall have made a claim in writing in respect thereof.

3.21Settlement of disputed matters finally determined by RDSO

All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the works or after their completion and whether before or after the determination of the

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. contract, shall be referred by the contractor to RDSO and RDSO shall within a reasonable time after their presentation make the notify decisions thereon in writing. The decisions, directions, classifications, measurement, drawings and certificates with respect to any matters the decisions of which is specially provided for by these or other special conditions given and made by RDSO, are matters which are referred to hereinafter as “EXCEPTED MATTERS” and shall be final and binding upon the contractor and shall not set aside on account of any infirmity commission delay or error in proceedings. In or about the same or on any other ground or for any other reason and shall be without appeal

3.22 In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective right and liabilities of the parties on any matter in question, dispute or difference on any account, or as to the with holding by RDSO or any certificate to which the contractor may claim to be entitled to, or if RDSO fails to make a decision within a reasonable time, then and in any such case but except in any of the “EXCEPTED MATTERS” referred to in clause 3.21 above, the contractor after 60 days of his presenting his final claim on disputed matters, may demand in writing that the dispute or difference be referred to arbitration. Such demand for arbitration shall specify the matters which are in question, dispute of which the demand has been made and no other, shall be referred to arbitration.

3.23 The contract shall be governed by the Indian Railways laws for the time being in force in India.

3.24 the courts of the place from where the contract has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract.

a) All matters in question, dispute or difference directly or indirectly arising out of or in connection with or touching this contract shall be referred to arbitration of: b) A sole arbitrator who shall be the Director General or a Gazetted Railway officer nominated by him on his behalf in cases where the claim in question is below Rs.3,00 000(Three lakhs) and in case where the issues involved are not of a complicated nature. The Director General shall be the sole Judge to decide whether or not the issues involved are of a complicated nature.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. c) Two arbitrators, who shall be Gazetted Railway officers of equal status to be appointed in the manner laid down in Clause (b) for all claims of Rs. 3,00 000 and above and for all claims irrespective of the amount of value of such claims if the issues involved are of a complicated nature or not. In the event of two arbitrators being divided in their opinions the matter under dispute will be referred to an Umpire to be appointed In the manner laid down in clause (b) for his decision. d) The arbitrator/ arbitrators/umpires so appointed as the case may be shall give the award on all matters referred to arbitration indicating there in break up of the sums awarded separately on each individual contract relates. The arbitrators shall be the be Gazetted Railway officers who in the course of his/their duties as Railway servant(s) has/have not expressed views on all or any of the matters under dispute or difference. The award of the arbitrator or arbitrators or umpires as the case may be shall be final and binding on the parties to the contract. e) Subject as aforesaid, Arbitration Act 1940 and the Rules there under and any statutory modification thereof shall apply to the arbitration proceedings under this clause.

3.25Work under the contract shall, unless otherwise directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by RDSO shall be withheld on account of such proceedings provided however it shall be open for the Arbitrator or Arbiters to consider and decide whether or not such work should continue during arbitration proceedings.

3.26The contractor shall take all reasonable steps necessary to ensure that all persons employed in any work in connection with the contract, have full knowledge of the official secret Act and any regulations there under.

3.27 Any information obtained in the courses of the execution of the contract by the contractor, his servants or agents or any person so employed, as to any matter whatsoever, which would or might be directly or indirectly of use to any enemy of India must be treated as secret and shall not at any time to be communicated to any person.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 3.28 Contractor’s understanding

a) It is understood and agreed that the contractor, by careful examination, has satisfied himself as to the nature and location of the work, the character of equipment and facilities needed, preliminary to any, during the persecution of works, the general and local conditions etc. prevailing therein and all other matters which can in any way affect the works under the contract. b) For the purpose of appointing two arbitrators, the Railway will send a panel of more than three names of Gazetted Railway officers of one or general one name out of the list for appointment of the Contractors nominee. The Director General while so appointing the Contractor’s nominee, will also appoint a second arbitrator as Railway nominee either from the panel or from outside the panel, ensuring that one of the two arbitrators so nominated in invariably from the Accounts Department. Before ensuring upon the reference the two arbitrators shall nominate an Umpire who shall be gazetted Railway officer to whom the case will be referred to in the event of any difference between the two arbitrators officers of the Junior administrative grade of the Accounts department of the Railway shall be considered as of equal status to the officers in the Intermediate Administrative grade of the other departments of the Railway for the purpose of appointment as arbitrators. c) If the Sole arbitrator appointed or one or both the arbitrators appointed under sub clause (b) above resigns his appointment/resign appointments or vacates his office/vacate their office or is/are unable or unwilling to act for any reason whatsoever or dies/die the Director General may appoint a new arbitrator/ arbitrators to act in his/their place in accordance with the provisions sub clause or sub clause(b) above as the case be shall be entitled to proceed with the reference from the stage at which it was left by the previous arbitrator/ arbitrators. d) The arbitrator/ arbitrators of the Umpire shall have power to call for such evidence by way of affidavit or otherwise as the arbitrator or arbitrators or Umpire shall think proper and it shall be the duty of the parties hereto to do or cause be done all such things as may be necessary to enable the arbitrator or arbitrators or Umpire to make to award without any delay. e) It will be no objection that the person/persons appointed as arbitrator/ arbitrators or umpire is/are Government servants. If, however, the

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. arbitrator/ arbitrators/umpire is/are Railway servant(s) he/they shall not be one/those who had an opportunity to deal with the matters to which the items of dispute. f) The contract documents shall be signed in duplicate by RDSO and the contractor. The contract documents are complementary, and what is called for by any one shall be binding as if called for by all.

3.30 The contractor shall conform to the provision of any stature relating to the works and regulations and by laws of any local authority.

3.31 All notices, communications, references and complaints made by the Director General/RDSO through Director/I&L/RDSO/Kolkata or executive Director(QAM) or their representatives or the contractor inters concerning the works shall be in writing and no notice, communication, reference or complaint not in writing shall be recognized.

3.32 Safety measures

a) The contractors 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 confirm to the rules and regulations of the Railways. b) The contractor shall abide by all railway regulations in force for the time being and ensure that the same are followed by his representatives, agents or sub contractors or workmen. He shall give due notice to his employees and workers about provision of the para. c) The contractor shall ensure that unauthorized, careless or inadvertent operation of installed equipment, which may result in accident to staff and/or damage to equipment, does not occur. d) The contractor shall indemnify and keep RDSO indemnified and harmless against all actions, suite, claims, demands, costs, charges of expenses arising in connection with any accidents, death, in injury sustained by any person or persons within the railway premises and any loss of damage to railway property sustained, due to the acts or omissions of the contractor . or his staff during the execution of this contract irrespective of whether such liability arises under the Workman’s compensation act 1923, as modified up to 1st August, 1969, or the fatal accidents act or any other stature in force for the time being.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 3.33 The contractor shall indemnify and save harmless RDSO against all actions, suit proceedings looses, costs, damages, charges , claims and demands of every nature and description brought or recovered against RDSO by reason of any act or commission of the contractor, his agents or employees , in the execution of the works or in the guarding of the same. All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of RDSO without reason or reference to the actual loss or damage sustained and whether or not any damage shall have been sustained.

3.34 Final settlement and refund of security deposit

a) On expiry of the contract period and issue of the certificate for final and satisfactory completion of works, the security deposit will be refunded to the contractor, subject to the conditions laid down in clause (b) below- b) It is an agreed term of the contractor that RDSO reserves to itself the right to carry out a post payment audit and/or technical examination of the works and the final bill, including all supporting vouchers, abstracts etc. and to make a claim on the contractor for the refund of any excess amount paid to him if as a result of such examination any overpayment to him is discovered to have been made in respect of any work done or alleged to have been done by him under the contractor. c) The initial security deposit shall however, be liable to be forfeited in case of any breach by the contractor of any of the conditions of the contractor for non completion of the full contract without prejudice to other rights and remedies of RDSO whether specifically provided for herein or otherwise. d) The security money shall be returned to the contractor after the physical completion of the work certified by the competent authority. The competent authority shall be normally be the authority who is competent to sign the contract. The certificate, inter alia should mention that the work has been completed in all respects and the contractual obligations have been fulfilled by the contractors and that there is no due from the contractors to RDSO against the contract. Before releasing the security deposits, an unconditional and unequivocal no claim certificate from the contractor should be submitted.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 3.35 Income tax as applicable from time to time on the gross amount will be deducted from all bills of the contractor.

3.36 The contractor shall comply with the provisions of payment of wages act 1936 of all employees employed by him in carrying out this contract.

3.37 Special instructions to the Tenderers

The tenderers should go through the following instructions carefully prior to quoting the rates for different items: i) Contractors of adequate experience and resourcefulness must only quote to ensure a superb quality of work. ii) False statement made deliberately will make the tender liable to be rejected.

3.38 Said contract is governed under GCC

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This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. CHAPTER IV

TECHNICAL SPECIFICATION & SPECIAL CONDITIONS OF THE CONTRACT

4.0 SCOPE OF WORK

The work involves supply TATA Indica Vista/Tata indigo CS or equivalent on hire basis for inspection of firm at Kolkata Zone under Director/I&L/RDSO/Kolkata for two years on daily basis for 12 hrs/day. Firm will provided trained driver and bear all maintenance expenses for the vehicle. Firm will be paid running expenses per KM usages for vehicle on any type of road as per direction of Railway Official in connection with inspection of firm @ 1500 Km per vehicle per month as per details at Annexure-1 attached at the end of this chapter.

4.1 Schedule of work: SN Job description Qty 01 Supply of TATA Indica Vista/Tata indigo CS or equivalent One vehicle on hire basis for inspection of firm at Kolkata Zone under for 24 months Director/I&L/RDSO/Kolkata for two years on daily basis for 12 hrs/day. 02 Running expenses per Km usages for vehicle on any type of 1500 Km per road as per direction of Railway Official in connection with month x 24 inspection of firm @ 1500 Km per vehicle per month

4.2 TERMS & CONDITIONS: 1. The rates quoted should be all inclusive. 2. The rates offered should be valid for two years. 3. The tenderer shall have to arrange its own driver and RDSO would neither bear any expenses nor accept responsibility for the same and there would be no relationship between the RDSO and the staff of the tenderer. 4. The rate includes all major/minor repairs, servicing of vehicle, pollution control, cost of fuel, lubricants and all other consumable required from time to time, Driver’s salary and allowances, all taxes, duties, incidental charges, penalties, etc. as imposed by Central/State/Local Govt. Bodies for running of vehicles. Statutory recovery on account of service taxes and income tax as applicable shall also be made from the running accounts bill. 5. The evaluation of offer will be determined considering an average running 36,000 Km for two years per vehicle. 6. Description of the vehicle i.e. (make (b) registration no. (year of manufacture (d) driver’s name and license no. (e) copy of road tax clearance token (f) fitness certificate (g) reference of blue book will be required to be submitted along with

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. the offer or if the tenderer intends to purchase a new vehicle he should present the new vehicle along with all relevant documents within 15 days from date of issue of letter of acceptance and he should give such a declaration along with the offer itself. 7. The vehicle should be available to the Railway with driver, fuel, engine oil etc. normally from 08.30 hrs. to 20.30 hrs on all days of week irrespective of holidays. 8. However, in case of urgency, the driver should be able to report for duty with the vehicle within one hour as and when needed for which telephone contract should be provided by the contractor, in which case the duty hours and timing may vary as per requirement of railway and contractor shall not have any claim over that. Duty hours shall start from the time driver with vehicle report to officer-in- charge and will end at the time when driver of vehicle is discharged off by the officer-in-charge. 9. However, total kilometre run of the vehicle shall be measured from the reporting location. 10. Director/I&L/RDSO/Kolkata or his authorized representative will intimate the firm for reporting station/location which will be followed till further intimation to firm or his representative by Director/ I&L/RDSO/Kolkata or his authorized representative. 11. No accommodation and garage facilities will be provided by the Railway to the driver and for vehicle. Contractor has to make his own arrangement for this facility. 12. The contractor shall be completely responsible for safe running of vehicle. The railway will not be responsible for any loss, damage, repairs, maintenance or accident to the vehicle or driver. Also Railway will have no responsibility for third party claim out of accident caused by the vehicle being taken on hire. 13. Driver of the vehicle shall maintain a log book indicating the following particulars therein (a) date (b) time (c) from and to (d) KM (e) name of the Railway official using the vehicle (f) signature of the Railway official (g) remarks. 14. Payment of hire charges will be made once in a month after the verification of log book as necessary by the Railway official, after deducting security deposit as per extant Railway rule. 15. Description of the vehicle i.e. (a) make (b) registration no. (c) year of manufacture (d) driver’s name and license no. (e) copy of road tax clearance token (f) fitness certificate (g) reference of blue book will be required to be submitted along with the offer or if the tenderer intends to purchase a new vehicle he should present the new vehicle along with all relevant documents within 15 days from the date of issue of letter of acceptance. 16. Minimum wages shall be paid to the driver and other statutory obligation should be met by the contractor of his own cost. 17. The should have a valid driving license and the vehicle should be insured against accident etc. as per rules and statutory obligation.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 18. INDEMNITY a) The contractor shall at all times indemnify the Railway administration against all claims, which may arise due to accident or otherwise or due to the breach of the terms, and condition mentioned herein and/owing to any sort of act of omission/commission on the part of the contract during the currency of the contract. b) The contractor shall further indemnify the Railways for any sort of omissions or commissions by the contractor with regard to provisions of West Bengal Motor Vehicles Act. c) That the contractor agrees to indemnify the Railway administration against all claims for compensation by or on behalf of driver employed by him in connection with the present contract for any injury or death by an accident under the workmen’s compensation act VIII of 1923 and the Railway administration will be entitled to deduct from any sum of money due or payable to the contractor the amount of compensation thus payable under the terms of section 12 of the said act. Together with all or any most incurred by the Railway administration in such connection and the contractor further agrees that the decision of the engineer-in-charge with respect the amount of such indemnify shall be accepted by him finally.

19. The model of vehicle to be supplied will be 4-wheeler like TATA Indica Vista/Tata indigo CS or equivalent passenger vehicle. 20. The vehicle will be hired for 24 months from the date of acceptance of the tender. 21. The vehicle should be in good condition and should be confirmed to latest Auto emission and MV act regulations. The vehicle will be inspected by the representative of the Railways before acceptance. The Railway reserves the right to reject the vehicle offered if the same is found to be in unsatisfactory condition. 22. The seats of the vehicle should have good and clean cloth covers, which must be changed regularly. 23. The driver should always his identity card and driving license. The driver should always wear proper dress/uniform to be supplied by the contractor. 25. The vehicle shall move as per the direction of controlling officer or other Railway official as per requirement. The contractor shall have no claim if the vehicle remains idle or whatsoever reason. 26. The driver should report for duty daily at least with 50 litres of Diesel oil in the oil tank of the vehicle. 27. The contractor will ensure that Kilometerage Meter of the vehicle gives correct reading. Railway will be at liberty to check the same and the contractor will be bound to take corrective action, to the satisfaction of the Railway. 28. No person engaged by the tenderer shall claim any right of employment contractual or otherwise with the RDSO.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. 29. The tenderer will ensure that the staff engaged is disciplined and maintains full decorum of the office. 30. Continuance of the contract shall be subject to satisfactory performance of the tenderer and it may be cancelled at any time without assigning any reason for the same. The decision of the Executive Director(QA-M) or Director(I&L)/ RDSO/Kolkata in this regard shall be final and binding. 31. Time is the essence of the contract and the Tenderer shall adhere to the time schedule and deadline as prescribed by the RDSO for execution of the work. 32. The RDSO, in its discretion, reserves the right to reject or accept any or all the tenders partly or completely at any time without assigning any reason thereof. 33. An appropriate agreement will be executed by the tenderer with the RDSO, on the agreed terms and conditions. The RDSO in its discretion reserves the right to cancel the contract at any time without assigning any reason. 34. The RDSO will deal with the tenderer directly and no middlemen/agents/ commission agents etc. should be asked by the tenderers to represent their cause and they will not be entertained by the RDSO. 35. In the event of termination of Contract, RDSO shall be entitled to forthwith forfeit the security deposit either full or in part apart from taking such legal remedies as are available in law. The tenderer shall thereupon forthwith remove all its equipments and material and hand over the judicial and other records, which are int its possession. The tenderer shall also leave the digitized data, which will be property of RDSO. 36. PENALTIES: RDSO attaches a lot of importance to timely completion of work. If the vehicle is out of order any time, an alternative vehicle in good shape/condition will be temporarily made available by the contractor and supplied to the railway, failing which one similar vehicle will be hired from the open market and actual payment made for it along with token penalty of Rs.1,000/- will be recovered from the dues payable to the contractor in addition to non-payment of hiring charges for the period of break down/non-availability of schedule vehicle. 37. Payment terms : i) No advance payment shall be entertained, Payment shall be made for the actual work done as per job schedule after satisfactory completion of work through Bank EFT system (for this purpose separate mandate form to be submitted). Statutory deductions like Income Tax with surcharge on Income Tax and education cess on IT shall be made while releasing payment, Sales Tax on contract shall be deducted from the bill as per extent rule. Any other dues recoverable against security money, penalty or liquidated damage if arises shall be realised from the bill at the sole discretion of Railway Authority. ii) Bill to be raised interval of 02 months. Payment will be made on actual KM usages.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. iii) On completion of the work, contractor will submit the bills for job done. Quality Assurance (Mechanical) Directorate will send the bill after due verification, to the finance for payment. 4.6 TERMINATION OF THE CONTRACT RDSO administration shall have the right to terminate the contract any time, without assigning any reason, during the currency by giving one month notice to the contractor in writing. 4.7 FORCE MAJURE Neither RDSO nor the contractor shall be liable to each other for any delay in, or failure of their respective obligation under this agreement caused by occurrence beyond the control of RDSO or contractor, as the case may be including but not limited to fire including explosion, floods, power shortage, acts of GOD, hostility, acts of public enemy, wards insurrections, riots, strikes, lock-outs, sabotages, any law, statue or ordinance order, actions or regulations, of the Government, local or other public authorities. Contractor will promptly by not later than 30 days of the commencement thereof notify the other in writing of such contingency and prove that such is beyond the control and accepts the implementation of the contract adversely and materially.

Contractor’s signature Director/I&L/RDSO/Kolkata (SEAL)

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. Annexure-1

Name of work: Supply of TATA Sumo or equivalent on hire basis for inspection of firm at Kolkata Zone under Director/I&L/RDSO/Kolkata for two years on daily basis for 12 hrs/day. Firm will provide trained driver and bear all maintenance expenses for the vehicle. Firm will be paid running expenses per KM usages for vehicle on any type of road as per direction of Railway Official in connection with inspection of firm @ 1500 KM per month. Vehicle may be used in any type of Road in and around Kolkata for Railway use. 1. The contractor shall perform the acts and procedures according to the details given in scope of work as under : 1.1Schedule of work SN Job description Qty 01 Supply of TATA Indica Vista/Tata indigo CS or equivalent One vehicle on hire basis for inspection of firm at Kolkata Zone under for 24 months Director/I&L/RDSO/Kolkata for two years on daily basis for 12 hrs/day. 02 Running expenses per Km usages for vehicle on any type of 1500 Km per road as per direction of Railway Official in connection with month x 24 inspection of firm @ 1500 Km per vehicle per month 1.2 TERMS & CONDITIONS: i) The rates quoted should be all inclusive. ii) The rates offered should be valid for two years. iii) The tenderer shall have to arrange its own driver and RDSO would neither bear any expenses nor accept responsibility for the same and there would be no relationship between the RDSO and the staff of the tenderer. iv) The rate includes all major/minor repairs, servicing of vehicle, pollution control, cost of fuel, lubricants and all other consumable required from time to time, Driver’s salary and allowances, all taxes, duties, incidental charges, penalties, etc. as imposed by Central/State/Local Govt. Bodies for running of vehicles. Statutory recovery on account of service taxes and income tax as applicable shall also be made from the running accounts bill. v) The evaluation of offer will be determined considering an average running 60,000 Km for two years per vehicle. vi) Description of the vehicle i.e. (a) make (b) registration no. (year of manufacture (d) driver’s name and license no. (e) copy of road tax clearance token (f) fitness certificate (g) reference of blue book will be required to be submitted along with the offer or if the tenderer intends to purchase a new vehicle he should present the new vehicle along with all

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. relevant documents within 15 days from date of issue of letter of acceptance and he should give such a declaration along with the offer itself. vii) The vehicle should be available to the Railway with driver, fuel, engine oil etc. normally from 08.30 hrs. to 20.30 hrs on all days of week irrespective of holidays. viii) However, in case of urgency, the driver should be able to report for duty with the vehicle within one hour as and when needed for which telephone contract should be provided by the contractor, in which case the duty hours and timing may vary as per requirement of railway and contractor shall not have any claim over that. Duty hours shall start from the time driver with vehicle report to officer-in-charge and will end at the time when driver of vehicle is discharged off by the officer-in- charge. ix) The model of vehicle to be supplied will be 4-wheeler like TATA Indica Vista/Tata indigo CS or equivalent passenger vehicle. x) The vehicle will be hired for 24 months from the date of acceptance of the tender. xi) The vehicle should be in good condition and should be confirmed to latest Auto emission and MV act regulations. The vehicle will be inspected by the representative of the Railways before acceptance. The Railway reserves the right to reject the vehicle offered if the same is found to be in unsatisfactory condition.

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. FORMS FOR TENDER

FORM No. Description

1. Offer letter.

2. Memorandum of Association of the Tenderer.

3. Deviation from the tender papers.

4. Schedule of Prices.

5. Tenderer’s credentials.

6. Bidder’s certificate.

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OFFER LETTER

From: M/s. ______

To President of India, Acting through the Executive Director/QA/Mechanical, RDSO, Manak Nagar, Lucknow-226011.

Dear Sir,

Sub: Tender for ______

______

I/We ______have read the instructions to Tenderers and conditions of tendering and hereby agree to abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of four months from the date fixed for opening the same and in default thereof I/We will liable for forfeiture of my/our earnest money deposit. I/We offer to do the work relating to Supply of TATA Indica Vista/Tata indigo CS or equivalent on hire basis for inspection of firm at Kolkata Zone under Director/I&L/RDSO/Kolkata, 3, Koilaghat Street, Kolkata -1, for two years on daily basis for 12 hrs/day.and hereby bind myself/ourselves to complete the work at the prices quoted in the attached schedules of prices.

I/We also fully understand and hereby agree to abide by the General and special conditions of contract and to carryout the work according to the specification for the present Contract as modified by this tender.

2. I/We enclose a ______from ______Bank for a sum of Rs.______as earnest money in respect of this tender. The full value of the earnest money shall stand forfeited without prejudice to any other rights or remedies if :

This PDF file is created with a trial version of RealPDF. To remove this mark, buy the full version. a) I/We do not execute the Agreement within seven days after receipt of notice issued by the Railway that such Agreement is ready, or b) I/We do not commence the work on the date stipulated in the approved Schedule of work.

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

4. I/We enclose the Income Tax clearance Certificate as required pertaining to me/us for the year ______.

5. I/We have no retired engineer or retired gazetted officer of the any of the Railways owned/administered by the President of India.

The list of required engineers or retired Gazetted Officers who are associated with me/us enclosed as an enclosure to this offer letter.

Yours faithfully, Signature of the Tenderer

SEAL OF THE TENDERER

Place ______Date ______

Witnessed by

1. Signature Name in the Block Capitals ______Address ______

2. Signature Name in the Block Capitals ______Address ______

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MEMORANDUM OF ASSOCIATION OF THE TENDERER

(Including the power of attorney)

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DEVIATION FROM THE TENDER PAPERS

Para No. Deviations offered Reason for the deviation

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NAME OF THE WORK : CONTRACT FOR hiring of one 4 wheeler vehicle TATA Indica Vista/Tata indigo CS or equivalent passenger vehicle for Railway use under Director/I&L/RDSO/Kolkata for two years. Name of firm : ______Represented by : ______Offer the rates as per schedule and technical specification at Annexure-I. It. Description of works Quantity Unit Monthly Rate No. 1 Hire charge for one TATA Indica Vista/Tata 1 No. Motor In figure In words indigo CS or equivalent passenger vehicle. Vehicle. Rate should be included cost of all taxes, licence fees, permit, driver wages, repair and maintenance cost, insurance cost etc. complete in all respect. NOTE: The vehicle should be in good condition of not more than one year old and the rate is inclusive of all incidental charges for running the vehicle. Period of contract : 24 months. 2 Running expenses for 1500 Km. per month. 1500 Per Km. Running expenses per km. of usage of vehicle Km/Month on any type of Road in kutcha/pucca in cities/villages, etc. as directed by the Railway Officials. The rate should include all taxes, licence fees, fuel lubricant, tyre, tube, etc. complete in all respect. Approx. Qty. 36,000 Km. (Thirty thousand kilometre) 1. The rates are inclusive of salary and other benefit admissible to the drivers, helpers, diesel, lubricant & other POL as and when required for running or during vehicle repairs, maintenance, etc. 2. The rates of hire are inclusive of road tax, toll tax, Govt. levies and other levies and charges for inspection certificates as per statutory requirements from time to time. 3. The evaluation of offer will be determined considering an average running 36,000 Km for two years per vehicle 4. Description of the vehicle i.e. (a) make (b) registration no. (year of manufacture (d) driver’s name and license no. (e) copy of road tax clearance token (f) fitness certificate (g) reference of blue book will be required to be submitted along with the offer or if the tenderer intends to purchase a new vehicle he should present the new vehicle along with all relevant documents within 15 days from date of issue of letter of acceptance and he should give such a declaration along with the offer itself.

(Rupees in word for hiring of vehicle for two years for total running of 36,000 Km. ……………………………………………………………………………………..) Address: Signature of the tenderer With office seal & date

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TENDERER’S CREDENTIALS :

Please fill in the questionnaire below:

1. Give details of your previous experience of similar work.

2. Ownership of authorized travel agency including ownership details of the vehicle as stipulated in tender condition should be furnished.

3. Give the name of your Bankers and their reference.

4. Any other relevant information.

Note: This form shall be filled precisely and with full details.

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The tenderer will give a certificate as under :

“I/We certify that I/We have checked this downloaded bid documents with the bid documents available online at www.rdso.indianrailways.gov.in and there is no discrepancy/variation/printing mistake and its further certified that no alteration/modification has been made in the bid documents. I/We accept that the entire responsibility of ensuring that this application form along with other documents are as per original available on website is mine/ours. I/We also agree that if anything contrary is found the decision of RDSO/Administration will be final and binding on me/us.

Yours faithfully, Place ______Date ______Signature of the Tenderer

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